Notice to sue. 

Dear _________

This letter constitutes notice by _________ _________, an Illinois not-for-profit environmental organization, that _________ Co. is believed to be in violation of Section 311 and 312 of the federal Emergency Planning and Community Right-to-Know Act of 1986 ("Act"). 42 USCA §11001. Citizens may bring legal action to enforce a company's compliance with the Act. 42 USCA §11046(d). According to the records of the Illinois Emergency Services and Disaster Agency and the City of Chicago's Local Emergency Planning Committee, [company] has not filed the reports required by Sections 311 and 312. Therefore, unless [company] provides us with information within 60 days indicating that it has in fact complied with the Act, as described below, we intend to file an enforcement action in the federal court.

Sections 311 and 312 of the Act and the regulations promulgated under it (40 CFR Part 370) apply to any facility that is required under the OSHA Hazardous Communications Standard to prepare or keep a Material Safety Data Sheet and that has hazardous chemicals on-site in an amount above certain threshold levels. This requirement applies to facilities, including [plant location], which fall within the Standard Industrial Codes ("SIC") for manufacturing and industrial operations. _________ Co. has already notified the Illinois Emergency Services and Disaster Agency, pursuant to Section 302 of the Act, that it produces, uses or stores hazardous chemicals above the necessary thresholds. Therefore, we believe that _________ Co. is subject to the reporting requirements of Sections 311 and 312 of the Act.

Section 311 requires the owner or operator of a covered facility to submit a Material Safety Data Sheet or comparable information to the following entities:

(A) The Local Emergency Planning Committee for [community];

(B) The state emergency services and disaster agency; and

(C) The fire department with jurisdiction over the facility.

Section 312 requires that a "Tier I" hazardous chemical inventory form also be submitted to the three agencies listed above if chemicals are present in excess of threshold levels.

You should be aware that Section 313 of the Act may also apply to [chemical]. Section 313 requires that a Toxic Chemical Release Form be submitted to both the U.S. Environmental Protection Agency and the Illinois Environmental Protection Agency by any facility which has 10 or more full-time employees if: (1) it falls within SIC codes 20 through 39 (manufacturers); and (2) it either manufactures, processes or uses a listed chemical in excess of specified threshold levels. As of July 1, 1988, the threshold levels for Section 313 filings were 10,000 pounds for chemicals used at the facility, and 75,000 pounds for chemicals manufactured or processed at the facility. As of July 1, 1989, the threshold levels for chemicals manufactured or processed at the facility dropped to 50,000 pounds.

We are interested in ensuring that [company] complies with the Act and are willing to work with you in such efforts to avoid unnecessary legal action. Therefore, if [company] has information indicating either that it has already submitted all the reports required by the Act or that it need not submit any, please promptly contact _________, one of our attorneys, at the address listed above.

If [company] does not provide such information and has not complied with the applicable provisions of the Act within 60 days, we intend to proceed with a citizens' suit to enforce compliance unless the United States Environmental Protection Agency commences and diligently pursues its own enforcement action within that time.

Sincerely,

[Signatures]