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42 U.S.C. § 6992f — Relationship to State law

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

42 U.S.C. § 6992f — Relationship to State law

**(a) State inspections and enforcement** A State may conduct inspections under 11 So in original. Probably should be “under section”. 6992c of this title and take enforcement actions under [section 6992d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992d&num=0&edition=prelim) against any person, including any person who has imported medical waste into a State in violation of the requirements of, or regulations under, this subchapter, to the same extent as the Administrator. At the time a State initiates an enforcement action under [section 6992d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992d&num=0&edition=prelim) against any person, the State shall notify the Administrator in writing. **(b) Retention of State authority** Nothing in this subchapter shall— (1) preempt any State or local law; or (2) except as provided in subsection (c), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law. **(c) State forms** Any State or local law which requires submission of a tracking form from any person subject to this subchapter shall require that the form be identical in content and format to the form required under [section 6992b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992b&num=0&edition=prelim), except that a State may require the submission of other tracking information which is supplemental to the information required on the form required under [section 6992b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992b&num=0&edition=prelim) through additional sheets or such other means as the State deems appropriat

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Source file: Laws/federal/codes/united-states-code/title-42/section-6992f-relationship-to-state-law--5dea9d818b.md
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Source location: Title 42, Chapter 82, § 6992f; chapter-082-solid-waste-disposal.md

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

42 U.S.C. § 6992d — Enforcement

**(a) Compliance orders** (1) **Violations** — Whenever on the basis of any information the Administrator determines that any person has violated, or is in violation of, any requirement or prohibition in effect under this subchapter (including any requirement or prohibition in effect under regulations under this subchapter) (A) the Administrator may issue an order (i) assessing a civil penalty for any past or current violation, (ii) requiring compliance immediately or within a specified time period, or (iii) both, or (B) 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. Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. (2) **Orders assessing penalties** — Any penalty assessed in an order under this subsection shall not exceed $25,000 per day of noncompliance for each violation of a requirement or prohibition in effect under 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. (3) **Public hearing** — Any order issued under this subsection shall become final unless, not later than 30 days after issuance of the order, the 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 production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (4) **Violation of compliance orders** — In the case of an order under this subs

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

42 U.S.C. § 6992b — Tracking of medical waste

**(a) Demonstration program** Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations establishing a program for the tracking of the medical waste listed in [section 6992a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992a&num=0&edition=prelim) which is generated in a State subject to the demonstration program. The program shall (1) provide for tracking of the transportation of the waste from the generator to the disposal facility, except that waste that is incinerated need not be tracked after incineration, (2) include a system for providing the generator of the waste with assurance that the waste is received by the disposal facility, (3) use a uniform form for tracking in each of the demonstration States, and (4) include the following requirements: (A) A requirement for segregation of the waste at the point of generation where practicable. (B) A requirement for placement of the waste in containers that will protect waste handlers and the public from exposure. (C) A requirement for appropriate labeling of containers of the waste. **(b) Small quantities** In the program under subsection (a), the Administrator may establish an exemption for generators of small quantities of medical waste listed under [section 6992a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992a&num=0&edition=prelim), except that the Administrator may not exempt from the program any person who, or facility that, generates 50 pounds or more of such waste in any calendar month. **(c) On-site incinerators** Concurrently with the promulgation of regulations under subsection (a), the Administrator shall promulgate a recordkeeping and reporting requirement for any generator

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

42 U.S.C. § 6992f — Relationship to State law

Page 7043 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6992i 1 So in original. Probably should be ‘‘under section’’. 1 See References in Text note below. granted during the preceding calendar year, to- gether with his reason for granting each such exemption. (b) ‘‘Person’’ defined For purposes of this chapter, the term ‘‘per- son’’ shall be treated as including each depart- ment, agency, and instrumentality of the United States. (Pub. L. 89–272, title II, § 11006, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2954.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (a) of this section requiring the President to report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 10th item on page 20 of House Document No. 103–7. § 6992f. Relationship to State law (a) State inspections and enforcement A State may conduct inspections under 1 6992c of this title and take enforcement actions under section 6992d of this title against any person, in- cluding any person who has imported medical waste into a State in violation of the require- ments of, or regulations under, this subchapter, to the same extent as the Administrator. At the time a State initiates an enforcement action under section 6992d of this title against any per- son, the State shall notify the Administrator in writing. (b) Retention of State authority Nothing in this subchapter shall— (1) preempt any State or local law; or (2) except as provided in subsection (c), oth- erwise affect any State or local law or the au- thority of any State or local government to adopt or enforce any State or local

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