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 |
Dear Persons:
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.
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.
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