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42 U.S.C. § 6973 — Imminent hazard

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

42 U.S.C. § 6973 — Imminent hazard

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Source location: Title 42, Chapter 82, § 6973; chapter-082-solid-waste-disposal.md

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**(a) Authority of Administrator** Notwithstanding any other provision of this chapter, upon receipt of evidence that the past or present handling, storage, treatment, transportation or disposal of any solid waste or hazardous waste may present an imminent and substantial endangerment to health or the environment, the Administrator may bring suit on behalf of the United States in the appropriate district court against any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility) who has contributed or who is contributing to such handling, storage, treatment, transportation or disposal to restrain such person from such handling, storage, treatment, transportation, or disposal, to order such person to take such other action as may be necessary, or both. A transporter shall not be deemed to have contributed or to be contributing to such handling, storage, treatment, or disposal taking place after such solid waste or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractural 11 So in original. Probably should be “contractual”. arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste. The Administrator shall provide notice to the affected State of any such suit. The Administrator may also, after notice to the affected State, take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and the environment. **(b) Violations** Any person who willfully violates, or fails or refuses to comply with, any order of the Administrator under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or such failure to comply continues. **(c) Immediate notice** Upon receipt of information that there is hazardous waste at any site which has presented an imminent and substantial endangerment to human health or the environment, the Administrator shall provide immediate notice to the appropriate local government agencies. In addition, the Administrator shall require notice of such endangerment to be promptly posted at the site where the waste is located. **(d) Public participation in settlements** Whenever the United States or the Administrator proposes to covenant not to sue or to forbear from suit or to settle any claim arising under this section, notice, and opportunity for a public meeting in the affected area, and a reasonable opportunity to comment on the proposed settlement prior to its final entry shall be afforded to the public. The decision of the United States or the Administrator to enter into or not to enter into such Consent Decree, covenant or agreement shall not constitute a final agency action subject to judicial review under this chapter or chapter 7 of title 5.

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

42 U.S.C. § 6903 — Definitions

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903

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

42 U.S.C. § 6972 — Citizen suits

**(a) In general** Except as provided in subsection (b) or (c) of this section, any person may commence a civil action on his own behalf— (1) (A) against any person (including (a) the United States, and (b) any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter; or (B) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator. Any action under paragraph (a)(1) of this subsection shall be brought in the district court for the district in which the alleged violation occurred or the alleged endangerment may occur. Any action brought under paragraph (a)(2) of this subsection may be brought in the district court for the district in which the alleged violation occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enfo

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6972

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

42 U.S.C. § 9604 — Response authorities

**(a) Removal and other remedial action by President; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception** (1) Whenever (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contingency plan which the President deems necessary to protect the public health or welfare or the environment. When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct the feasibility study in accordance with [section 9622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim). No remedial investigation or feasibility study (RI/FS) shall be authorized except on a determination by the President that the party is qualified to conduct the RI/FS and only if the President contracts with or arranges for a qualified person to assist the President in overseeing and reviewing the conduct of such RI/FS and if the responsible party

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9604

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

42 U.S.C. § 6973 — Imminent hazard

Page 7008 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6973 1 So in original. Probably should be ‘‘contractual’’. ‘‘(2) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal ac- tion in a court of the United States or a State to re- quire compliance with such permit, standard, regula- tion, condition, requirement, or order: Provided, how- ever, That in any such action in a court of the United States, any person may intervene as a matter of right.’’ Subsec. (e). Pub. L. 98–616, § 401(e), substituted ‘‘to the prevailing or substantially prevailing party’’ for ‘‘to any party’’ and inserted ‘‘or section 6976 of this title’’. Subsec. (g). Pub. L. 98–616, § 401(c), added subsec. (g). 1978—Subsec. (c). Pub. L. 95–609, § 7(p)(1), substituted ‘‘subchapter III’’ for ‘‘section 212 of this Act.’’ Subsec. (e). Pub. L. 95–609, § 7(p)(2), substituted ‘‘re- quire’’ for ‘‘requiring’’. 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. § 6973. Imminent hazard (a) Authority of Administrator Notwithstanding any other provision of this chapter, upon receipt of evidence that the past or present handling, storage, treatment, trans- portation or disposal of any solid waste or haz- ardous waste may present an imminent and sub- stantial endangerment to health or the environ- ment, the Administrator may bring suit on be- half of the United Sta

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6973

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