Release Reporting and Notification

Knowing when to call your state's environmental agency, like New York's Department of Environmental Conservation (DEC) or the National Response Center (NRC) to report a spill is not always an easy judgment to make. That's why clients call our environmental lawyers when spills occur. For example, at least four laws and four sets of regulations govern whether an oil spill must be reported. Releases of certain hazardous substances to air or land must be reported to the NRC under CERCLA if the amount released exceeds a threshold amount in a 24-hour period. In contrast, state release regulations may have lower threshold amounts for some hazardous substances and there is no time limit on the calculation of the amount released. Despite this confusing scheme, the penalties for failing to report a spill are severe - potentially as high as $25,000 for one incident involving petroleum. Our environmental lawyers are always on call to assist you in deciding whether you have to report a spill and what to do to mitigate the environmental impacts of a spill.