§128D-3  Reportable quantities; duty to
report.  (a)  The director shall adopt rules pursuant to chapter 91
establishing the quantities of designated hazardous substances, and specifying
the periods of time within which such quantities, when released, are reportable
pursuant to this chapter.  The director, at a minimum, shall adopt hazardous
substances and reportable quantities as designated by the United States
Environmental Protection Agency pursuant to parts 117 and 302 of Title 40 of
the Code of Federal Regulations, and by the United States Department of
Transportation pursuant to parts 171 and 172 of Title 49 of the Code of Federal
Regulations.  The designated quantity released of any hazardous substance shall
be a reportable quantity, regardless of the medium into which the hazardous
substance is released.



(b)  Any person in charge of a vessel or an
offshore or onshore facility shall immediately notify the department as soon as
the person has any knowledge of any release (other than a federal or state
permitted release) of a hazardous substance from the vessel or facility in
quantities equal to or greater than those determined pursuant to section 102 of
CERCLA or rules adopted pursuant to this chapter.  Releases which occurred
prior to July 1, 1990, are excluded from this requirement.  Unless the
director requires otherwise by rule, the regulations adopted under section
103(b) of CERCLA shall apply to the implementation of this section.



(c)  Any person who fails to report a hazardous
substance release to the department immediately upon knowledge of the release
shall be subject to a civil penalty in an amount not to exceed $10,000 for each
day of failure to report or subject to prosecution for a criminal misdemeanor. 
Notification received by the department pursuant to this section or information
obtained by the exploitation of such notification shall not be used against any
such person in any criminal case, except for a prosecution for perjury or for
giving a false statement; or a violation of section 128D-10. [L 1988, c 148, pt
of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §4]