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42 U.S.C. § 6928 — Federal enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance orders**
(1) Except as provided in paragraph (2), whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this subchapter, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction.
(2) In the case of a violation of any requirement of this subchapter where such violation occurs in a State which is authorized to carry out a hazardous waste program under [section 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim), the Administrator shall give notice to the State in which such violation has occurred prior to issuing an order or commencing a civil action under this section.
(3) Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subchapter and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of this subchapter. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
**(b) Public hearing** Any order issued under this section shall become final unless, no later than thirty days after the order is served, the person or persons named therein requ
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**(a) Compliance orders**
(1) Except as provided in paragraph (2), whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this subchapter, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction.
(2) In the case of a violation of any requirement of this subchapter where such violation occurs in a State which is authorized to carry out a hazardous waste program under [section 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim), the Administrator shall give notice to the State in which such violation has occurred prior to issuing an order or commencing a civil action under this section.
(3) Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subchapter and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of this subchapter. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
**(b) Public hearing** Any order issued under this section shall become final unless, no later than thirty days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.
**(c) Violation of compliance orders** If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order and the Administrator may suspend or revoke any permit issued to the violator (whether issued by the Administrator or the State).
**(d) Criminal penalties** Any person who—
(1) knowingly transports or causes to be transported any hazardous waste identified or listed under this subchapter to a facility which does not have a permit under this subchapter, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.],
(2) knowingly treats, stores, or disposes of any hazardous waste identified or listed under this subchapter—
(A) without a permit under this subchapter or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.]; or
(B) in knowing violation of any material condition or requirement of such permit; or
(C) in knowing violation of any material condition or requirement of any applicable interim status regulations or standards;
(3) knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subchapter;
(4) knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste or any used oil not identified or listed as a hazardous waste under this subchapter (whether such activity took place before or takes place after November 8, 1984) and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subchapter;
(5) knowingly transports without a manifest, or causes to be transported without a manifest, any hazardous waste or any used oil not identified or listed as a hazardous waste under this subchapter required by regulations promulgated under this subchapter (or by a State in the case of a State program authorized under this subchapter) to be accompanied by a manifest;
(6) knowingly exports a hazardous waste identified or listed under this subchapter (A) without the consent of the receiving country or, (B) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, in a manner which is not in conformance with such agreement; or
(7) knowingly stores, treats, transports, or causes to be transported, disposes of, or otherwise handles any used oil not identified or listed as a hazardous waste under this subchapter—
(A) in knowing violation of any material condition or requirement of a permit under this subchapter; or
(B) in knowing violation of any material condition or requirement of any applicable regulations or standards under this chapter;
shall, upon conviction, be subject to a fine of not more than $50,000 for each day of violation, or imprisonment not to exceed two years (five years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect to both fine and imprisonment.
**(e) Knowing endangerment** Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste identified or listed under this subchapter or used oil not identified or listed as a hazardous waste under this subchapter in violation of paragraph (1), (2), (3), (4), (5), (6), or (7) of subsection (d) of this section who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment for not more than fifteen years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000.
**(f) Special rules** For the purposes of subsection (e)—
(1) A person’s state of mind is knowing with respect to—
(A) his conduct, if he is aware of the nature of his conduct;
(B) an existing circumstance, if he is aware or believes that the circumstance exists; or
(C) a result of his conduct, if he is aware or believes that his conduct is substantially certain to cause danger of death or serious bodily injury.
(2) In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury— Provided, That in proving the defendant’s possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information.
(A) the person is responsible only for actual awareness or actual belief that he possessed; and
(B) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant;
(3) It is an affirmative defense to a prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of—
(A) an occupation, a business, or a profession; or
(B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent.
The defendant may establish an affirmative defense under this subsection by a preponderance of the evidence.
(4) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under subsection (e) and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience.
(5) The term “organization” means a legal entity, other than a government, established, or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
(6) The term “serious bodily injury” means—
(A) bodily injury which involves a substantial risk of death;
(B) unconsciousness;
(C) extreme physical pain;
(D) protracted and obvious disfigurement; or
(E) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
**(g) Civil penalty** Any person who violates any requirement of this subchapter shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation. Each day of such violation shall, for purposes of this subsection, constitute a separate violation.
**(h) Interim status corrective action orders**
(1) Whenever on the basis of any information the Administrator determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under [section 6925(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/e&num=0&edition=prelim), the Administrator may issue an order requiring corrective action or such other response measure as he deems necessary to protect human health or the environment or the Administrator may commence a civil action in the United States district court in the district in which the facility is located for appropriate relief, including a temporary or permanent injunction.
(2) Any order issued under this subsection may include a suspension or revocation of authorization to operate under [section 6925(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/e&num=0&edition=prelim), shall state with reasonable specificity the nature of the required corrective action or other response measure, and shall specify a time for compliance. If any person named in an order fails to comply with the order, the Administrator may assess, and such person shall be liable to the United States for, a civil penalty in an amount not to exceed $25,000 for each day of noncompliance with the order.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion.
(2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.
(3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dangers of unregulated dumping** Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities.
**(b) Policy of regulation and prevention or limitation** The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.
**(c) Regulation of dumping and transportation for dumping purposes** It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal guidelines** Not later than eighteen months after October 21, 1976, the Administrator, after consultation with State authorities, shall promulgate guidelines to assist States in the Development of State hazardous waste programs.
**(b) Authorization of State program** Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the Administrator an application, in such form as he shall require, for authorization of such program. Within ninety days following submission of an application under this subsection, the Administrator shall issue a notice as to whether or not he expects such program to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings as to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such State is authorized to carry out such program in lieu of the Federal program under this subchapter in such State and to issue and enforce permits for the storage, treatment, or disposal of hazardous waste (and to enforce permits deemed to have been issued under section 6935(d)(1) 11 See References in Text note below. of this title) unless, within ninety days following submission of the application the Administrator notifies such State that such program may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such State program is not equivalent to the Federal program under this subchapter, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not provide adequate enforcement of compliance w
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permit requirements** Not later than eighteen months after October 21, 1976, the Administrator shall promulgate regulations requiring each person owning or operating an existing facility or planning to construct a new facility for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in [section 6930 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6930&num=0&edition=prelim) and upon and after such date the treatment, storage, or disposal of any such hazardous waste and the construction of any new facility for the treatment, storage, or disposal of any such hazardous waste is prohibited except in accordance with such a permit. No permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to an approval issued by the Administrator under [section 2605(e) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/e&num=0&edition=prelim) for the incineration of polychlorinated biphenyls and any person owning or operating such a facility may, at any time after operation or construction of such facility has begun, file an application for a permit pursuant to this section authorizing such facility to incinerate hazardous waste identified or listed under this subchapter.
**(b) Requirements of permit application** Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the Administrator, including information respecting—
(1) estimates with respect to the composition, quantities, and concentrations of any hazardous w
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include—
(1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping;
(2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim);
(3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and
(4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim).
**(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim).
**(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Closing or upgrading of existing open dumps** Upon promulgation of criteria under [section 6907(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907/a/3&num=0&edition=prelim), any solid waste management practice or disposal of solid waste or hazardous waste which constitutes the open dumping of solid waste or hazardous waste is prohibited, except in the case of any practice or disposal of solid waste under a timetable or schedule for compliance established under this section. The prohibition contained in the preceding sentence shall be enforceable under [section 6972 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6972&num=0&edition=prelim) against persons engaged in the act of open dumping. For purposes of complying with section 6943(a)(2) and 6943(a)(3) of this title, each State plan shall contain a requirement that all existing disposal facilities or sites for solid waste in such State which are open dumps listed in the inventory under subsection (b) shall comply with such measures as may be promulgated by the Administrator to eliminate health hazards and minimize potential health hazards. Each such plan shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years from the date of pub
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Federal law — U.S. Code and appendices · legal_authorities
Page 606
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1411
(l) ‘‘Transport’’ or ‘‘transportation’’ refers to
the carriage and related handling of any mate-
rial by a vessel, or by any other vehicle, includ-
ing aircraft.
(m) ‘‘Convention’’ means the Convention on
the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter.
(Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052;
Pub. L. 93–254, § 1(2), Mar. 22, 1974, 88 Stat. 50;
Pub. L. 100–688, title III, § 3201(a), Nov. 18, 1988,
102 Stat. 4153.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 92–532,
which is classified generally to this chapter, chapter 41
(§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et
seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.
For definition of Canal Zone, referred to in subsec.
(d), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
The Federal Water Pollution Control Act, as amend-
ed, referred to in subsec. (f), is act June 30, 1948, ch. 758,
as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972,
86 Stat. 816, which is classified generally to chapter 26
(§ 1251 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
The Atomic Energy Act of 1954, as amended, referred
to in subsec. (f), is act Aug. 1, 1946, ch. 724, as added by
act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is clas-
sified principally to chapter 23 (§ 2011 et seq.) of Title 42,
The Public Health and Welfare. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 2011 of Title 42 and Tables.
AMENDMENTS
1988—Subsecs. (k) to (m). Pub. L. 100–688 added sub-
sec. (k) and redesi
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
Page 6958
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6928
mation obtained by representatives of the Environ-
mental Protection Agency)’’ after ‘‘information’’.
Subsec. (b)(2) to (4). Pub. L. 96–482, § 12(b)(3), added
pars. (2) to (4).
1978—Subsec. (a)(1). Pub. L. 95–609 substituted ‘‘dis-
posed of, or transported from’’ for ‘‘or disposed of’’.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Ad-
ministrator or other official of Environmental Protec-
tion Agency under this chapter to Federal Inspector,
Office of Federal Inspector for the Alaska Natural Gas
Transportation System, and subsequent transfer to
Secretary of Energy, then to Federal Coordinator for
Alaska Natural Gas Transportation Projects, see note
set out under section 6903 of this title.
§ 6928. Federal enforcement
(a) Compliance orders
(1) Except as provided in paragraph (2), when-
ever on the basis of any information the Admin-
istrator determines that any person has violated
or is in violation of any requirement of this sub-
chapter, the Administrator may issue an order
assessing a civil penalty for any past or current
violation, requiring compliance immediately or
within a specified time period, or both, or the
Administrator may commence a civil action in
the United States district court in the district
in which the violation occurred for appropriate
relief, including a temporary or permanent in-
junction.
(2) In the case of a violation of any require-
ment of this subchapter where such violation oc-
curs in a State which is authorized to carry out
a hazardous waste program under section 6926 of
this title, the Administrator shall give notice to
the State in which such violation has occurred
prior to issuing an order or commencing a civil
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6928
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