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42 U.S.C. § 6991e — Federal enforcement

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991e — Federal enforcement

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991e

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Stable record: federal_law:legal_authorities:record_usc_4366ad09d89a1e0e189c96c8
Source file: Laws/federal/codes/united-states-code/title-42/section-6991e-federal-enforcement--3b14612c47.md
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Source location: Title 42, Chapter 82, § 6991e; chapter-082-solid-waste-disposal.md

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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 is in violation of any requirement of this subchapter, the Administrator may issue an order requiring compliance within a reasonable specified time period or the Administrator may commence a civil action in the United States district court 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 with a program approved under [section 6991c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991c&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) If a violator fails to comply with an order under this subsection within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance. **(b) Procedure** 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 subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. **(c) Contents of order** Any order issued under this section shall state with reasonable specificity the nature of the violation, specify a reasonable time for compliance, and assess a penalty, if any, which the Administrator determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements. **(d) Civil penalties** (1) Any owner who knowingly fails to notify or submits false information pursuant to [section 6991a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991a/a&num=0&edition=prelim) shall be subject to a civil penalty not to exceed $10,000 for each tank for which notification is not given or false information is submitted. (2) Any owner or operator of an underground storage tank who fails to comply with— (A) any requirement or standard promulgated by the Administrator under [section 6991b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991b&num=0&edition=prelim); (B) any requirement or standard of a State program approved pursuant to [section 6991c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991c&num=0&edition=prelim); (C) the provisions of [section 6991b(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991b/g&num=0&edition=prelim) (entitled “Interim Prohibition”); or 11 So in original. The word “or” probably should not appear. (D) 22 So in original. Two subpars. (D) have been enacted. the requirements established in [section 6991b(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991b/i&num=0&edition=prelim), 33 So in original. The comma probably should be a semicolon. (D) 2 the training requirements established by States pursuant to [section 6991i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991i&num=0&edition=prelim) (relating to operator training); or (E) the delivery prohibition requirement established by [section 6991k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991k&num=0&edition=prelim), shall be subject to a civil penalty not to exceed $10,000 for each tank for each day of violation. Any person making or accepting a delivery or deposit of a regulated substance to an underground storage tank at an ineligible facility in violation of [section 6991k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991k&num=0&edition=prelim) shall also be subject to the same civil penalty for each day of such violation. **(e) Incentive for performance** Both of the following may be taken into account in determining the terms of a civil penalty under subsection (d): (1) The compliance history of an owner or operator in accordance with this subchapter or a program approved under [section 6991c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991c&num=0&edition=prelim). (2) Any other factor the Administrator considers appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991b — Release detection, prevention, and correction regulations

**(a) Regulations** The Administrator, after notice and opportunity for public comment, and at least three months before the effective dates specified in subsection (f), shall promulgate release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment. **(b) Distinctions in regulations** In promulgating regulations under this section, the Administrator may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions, the Administrator may take into consideration factors, including, but not limited to: location of the tanks, soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended practices, national consensus codes, hydrogeology, water table, size of the tanks, quantity of regulated substances periodically deposited in or dispensed from the tank, the technical capability of the owners and operators, and the compatibility of the regulated substance and the materials of which the tank is fabricated. **(c) Requirements** The regulations promulgated pursuant to this section shall include, but need not be limited to, the following requirements respecting all underground storage tanks— (1) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; (2) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system; (3) requirements for reporting of releases and corrective act

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991b

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991k — Delivery prohibition

**(a) Requirements** (1) **Prohibition of delivery or deposit** — Beginning 2 years after August 8, 2005, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for such delivery, deposit, or acceptance. (2) **Guidance** — Within 1 year after August 8, 2005, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— (A) the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance; (B) the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries; (C) the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance; (D) one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance; and (E) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). (3) **Compliance** — States that receive funding under this subchapter shall, at a minimum, comply with the processes and procedures published under paragraph (2). (4) **Consideration** (A) *

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991k

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991i — Operator training

**(a) Guidelines** (1) **In general** — Not later than 2 years after August 8, 2005, in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for— (A) persons having primary responsibility for on-site operation and maintenance of underground storage tank systems; (B) persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and (C) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system. (2) **Considerations** — The guidelines described in paragraph (1) shall take into account— (A) State training programs in existence as of the date of publication of the guidelines; (B) training programs that are being employed by tank owners and tank operators as of August 8, 2005; (C) the high turnover rate of tank operators and other personnel; (D) the frequency of improvement in underground storage tank equipment technology; (E) the nature of the businesses in which the tank operators are engaged; (F) the substantial differences in the scope and length of training needed for the different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and (G) such other factors as the Administrator determines to be necessary to carry out this section. **(b) State programs** (1) **In general** — Not later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines developed un

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991i

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991c — Approval of State programs

**(a) Elements of State program** Beginning 30 months after November 8, 1984, any State may,11 So in original. The comma probably should not appear. submit an underground storage tank release detection, prevention, and correction program for review and approval by the Administrator. The program may cover tanks used to store regulated substances referred to in subparagraph (A) or (B) of [section 6991(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991/7&num=0&edition=prelim). A State program may be approved by the Administrator under this section only if the State demonstrates that the State program includes the following requirements and standards and provides for adequate enforcement of compliance with such requirements and standards— (1) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; (2) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system; (3) requirements for reporting of any releases and corrective action taken in response to a release from an underground storage tank; (4) requirements for taking corrective action in response to a release from an underground storage tank; (5) requirements for the closure of tanks to prevent future releases of regulated substances into the environment; (6) requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an undergrou

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991e — Federal enforcement

Page 7034 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991e (3) to conduct monitoring or testing of the tanks, associated equipment, contents, or sur- rounding soils, air, surface water or ground water; and (4) to take corrective action. Each such inspection shall be commenced and completed with reasonable promptness. (b) Confidentiality (1) Any records, reports, or information ob- tained from any persons under this section shall be available to the public, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or information, or a par- ticular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee, or representative thereof has access under this section if made public, would divulge information entitled to protection under section 1905 of title 18, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or in- formation may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. (2) Any person not subject to the provisions of section 1905 of title 18 who knowingly and will- fully divulges or discloses any information enti- tled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both. (3) In submitting data under this subchapter, a person required to provide such data may— (A) designate the data which such person be- lieves is entitled to protection under this sub- section, and

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6991e

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