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produced, used or stored and such release requires notice under section 103(a) of CERCLA, <br />42 U.S.C. § 9603(a). <br />12. Under section 304(b) of EPCRA, 42 U.S.C. § l I004(b), notice required under <br />section 304(a) of EPCRA, 42 U.S.C. § 11004(a), must be given immediately after the release by <br />the owner or operator of a facility to the state emergency response commission (SERC) of any <br />state likely to be affected by a release. <br />13. Section 304(c) of EPCRA, 42 U.S.C. § I I004(c), requires that, as soon as <br />practicable after a release which requires notice under section 304(a) of EPCRA, 42 U.S.C. <br />§ I I004(a), the owner or operator of the facility must provide written follow-up emergency <br />notice setting forth and updating the information required under section 304(b), 42 U.S.C. <br />§ I I004(b). <br />14. Section 109(b) of CERCLA, 42 U.S.C. § 9609(b), and section 325(b)(2) of <br />EPCRA, 42 U.S.C. § I I045(b)(2), authorize U.S. EPA to assess a civil penalty of up to $25,000 <br />per day of violation of CERCLA section 103 and EPCRA section 304. The Debt Collection <br />Improvement Act of 1996, 31 U.S.C. § 3701 note, and its implementing regulations at 40 C.F.R. <br />part 19 increased these statutory maximum penalties to $37,500 per day of violation for <br />violations that occurred after January 12, 2009. <br />Allegations of Fact and Liability <br />15. Respondent is a "person" as that term is defined under section 101(21) of <br />CERCLA, 42 U.S.C. § 9601(21). <br />16. Respondent is a "person" as that term is defined under section 329(7) of EPCRA, <br />42 U.S.C. § 11049(7). <br />3 <br />