---
kind: "section"
citation: "40 C.F.R. § 1604.5"
title: "40"
number: "1604.5"
heading: "Failure to report an accidental release."
url: "https://uscodex.org/cfr/40/1604.5"
---

# §1604.5. Failure to report an accidental release.

- (a) It is unlawful for any person to fail to make reports required under this part, and suspected violations of this part will be forwarded to the Administrator of the EPA for appropriate enforcement action.
- (b) Violation of this part is subject to enforcement pursuant to the authorities of 42 U.S.C. [7413](/usc/42/7413.md) and [42](/usc/42/42.md) U.S.C. 7414, which may include—
  - (1) Administrative penalties;
  - (2) Civil action; or
  - (3) **Criminal action.**

## Notes

### Authority

Authority: 42 U.S.C. 7412(r)(6)(C)(iii); 42 U.S.C. 7412(r)(6)(N).

### Source

Source: 85 FR 10094, Feb. 21, 2020, unless otherwise noted.