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Form #978Notice to Sue
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Notice to Sue - Free Legal Form
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Submissions to this site, including any legal or business forms, posts, responses
to questions or other communications by contributors are not intended as and should
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legal council before engaging in any action based upon content contained on this
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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]
cc:
|
_________, Administrator,
U.S. EPA
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_________, Regional
Administrator,
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U.S. EPA Region V
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_________, Governor,
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_________, Company's
Registered Agent
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Submissions to this site, including any legal or business forms, posts, responses
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not be construed as legal advice. You are strongly encouraged to consult competent
legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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Keywords: legal forms, sue, notice
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