corporation/business's president name
corporation/business name
street address
city, state zip

facility manager,
facility/corporation/business name
street address
city, state zip

______________, Statutory Agent for corporation
street address
city, state zip

I.INTRODUCTION
II.VIOLATIONS
III.CONCLUSION
facility manager, Statutory Agent for corporation

Dear Persons:

  1. INTRODUCTION

    This firm represents (name of organization or individuals), which is located at (street address, city, state, zip), (telephone number). _____ is the party giving notice of its intent to sue. Section 326(D) of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) requires that a citizen give notice of intent to sue 60 days prior to the institution of a civil action under 326(A) of EPCRA, 42 U.S.C. 11046(A). This letter is such a notice and you are hereby advised that, after the expiration of 60 days from the date of this Notice of Intent to Sue, ______ will file a civil action in United States Federal District Court against ____, Inc. for the violations listed below.

  2. VIOLATIONS
    This lawsuit will allege that the following violations have occurred at the ____, Inc. facility located at (street address) in (city, state):
    1. That _____, Inc. failed to accurately complete and submit a Material Safety Data Sheet (MSDS) or a list of chemicals, pursuant to Section 311 of EPCRA, 42 U.S.C. 11021 for (CAS# )[for each chemical] . In _______, Inc.'s operations from 1992 to the present, it had or has hazardous chemicals covered by Section 311 of EPCRA, 42 U.S.C. 11021, present at levels above the specified reporting threshold at least one time during the calendar year, including, but not limited to (CAS# )[for each chemical]. MSDSs or a list of chemicals are required to be submitted to the appropriate agencies no later than three months after a facility is required to prepare or have available a MSDS for the chemical under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq. Threshold planning and reporting requirements are met when (EHS RQ)/10,0000 pounds of (OSHA chemicals) (CAS# )[for each chemical] exist on-site at any one time during a calendar year. ______believes that ______, Inc. continues to be in violation of EPCRA.

    2. That _____, Inc. failed to accurately complete and submit Emergency and Hazardous Chemical Inventory Forms (Tier Two Reports) for the (5) years 1994, 1995, 1996, 1997, and 1998, by the filing dates of March 1, 1995, March 1, 1996, March 1, 1997, March 1, 1998, and March 1, 1999, respectively, pursuant to Section 312 of EPCRA, 42 U.S.C. 11022 for (CAS# )[for each chemical] . In ____, Inc.'s operations from 1994 to the present, it had or has hazardous chemicals covered by 312 of EPCRA, 42 U.S.C. 11022, present at the facility at levels above specified reporting threshold at least once during the calendar year, including, but not limited to, (CAS#)[for each chemical] . Threshold planning and reporting requirements are met when EHS RQ/ 10,0000 pounds of [OSHA chemicals] (CAS# ) [for each chemical] exist on-site at any time during a calendar year. ____ believes that _____, Inc. continues to be in violation of EPCRA.

    The violations of EPCRA are continuous and ongoing and there is reason to believe these violations will continue in the future. Because of the historic and consistent pattern of non-compliance at the ____, Inc. facility, ____ will request equitable relief and penalties of up to $27,500 per day per violation of EPCRA Sections 312, 42 U.S.C. 11022, and up to $10,000 per day per violation of EPCRA Section 311, 42 U.S.C. 11021, from the required dates of submittal. _____ will also request an award of costs and attorneys fees incurred as a result of this litigation.

  3. CONCLUSION

    The foregoing violations indicate a historic pattern of non-compliance. Accordingly, ______ will request that the court enforce the requirements of Sections 311 and 312 of EPCRA and enforce the penalty requirements found at Section 325 of EPCRA. _____, Inc. could potentially be liable for civil penalties in the amount of up to $27,500 per day per violation of Section 312 of EPCRA, and up to $10,000 per day per violation of Section 311 of EPCRA, and ____'s reasonable attorney fees, expert fees, and costs of litigation.

    During the 60 day notice period, this firm and representatives from ______ will be available to discuss resolution of _____, Inc.'s violations of the law. If you wish to avail yourself of this opportunity, please contact me at.

    Sincerely,

      cc:

      Ms. Carol Browner (or current administrator)
      Director
      United States Environmental Protection Agency
      401 M Street, SW
      Washington, DC

      _______,
      Region ___ Director,
      United States Environmental Protection Agency
      street address
      city, state, zip

      _________
      Director of state environmental regulatory agency
      state environmental regulatory agency
      street address
      city, state, zip

      Janet Reno, Esq. (or latest)
      Attorney General of the United States of America
      Department of Justice
      Tenth and Constitution Avenue NW, Room 440
      Washington, DC 20530

      state attorney general
      Attorney General of the State of _____
      street address
      city, state, zip