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

(b)  Any person in charge of a vessel or anoffshore or onshore facility shall immediately notify the department as soon asthe person has any knowledge of any release (other than a federal or statepermitted release) of a hazardous substance from the vessel or facility inquantities equal to or greater than those determined pursuant to section 102 ofCERCLA or rules adopted pursuant to this chapter.  Releases which occurredprior to July 1, 1990, are excluded from this requirement.  Unless thedirector requires otherwise by rule, the regulations adopted under section103(b) of CERCLA shall apply to the implementation of this section.

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