42 U.S.C. § 6992d — Enforcement

Page 7041 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6992d tions establishing a program for the tracking of the medical waste listed in section 6992a of this title 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 facil- ity, 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 prac- ticable. (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 Ad- ministrator may establish an exemption for gen- erators of small quantities of medical waste list- ed under section 6992a of this title, except that the Administrator may not exempt from the program any person who, or facility that, gen- erates 50 pounds or more of such waste in any calendar month. (c) On-site incinerators Concurrently with the promulgation of regula- tions under subsection (a), the Administrator shall promulgate a recordkeeping and reporting requirement for any generator in a demonstra- tion State of medical waste listed in section 6992a of this title that (1) incinerates medical waste listed in section 6992a of this title on site and (2) does not track such waste under the reg- ulations promulgated under subsection (a). Such requirement shall require the generator to re- port to the Administrator on the volume and types of medical waste listed in section 6992a of this title that the generator incinerated on site during the 6 months following the effective date of the requirements of this subsection. (d) Type of medical waste and types of genera- tors For each of the requirements of this section, the regulations may vary for different types of medical waste and for different types of medical waste generators. (Pub. L. 89–272, title II, § 11003, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.) § 6992c. Inspections (a) Requirements for access For purposes of developing or assisting in the development of any regulation or report under this subchapter or enforcing any provision of this subchapter, any person who generates, stores, treats, transports, disposes of, or other- wise handles or has handled medical waste shall, upon request of any officer, employee, or rep- resentative of the Environmental Protection Agency duly designated by the Administrator, furnish information relating to such waste, in- cluding any tracking forms required to be main- tained under section 6992b of this title, conduct monitoring or testing, and permit such person at all reasonable times to have access to, and to copy, all records relating to such waste. For such purposes, such officers, employees, or rep- resentatives are authorized to— (1) enter at reasonable times any establish- ment or other place where medical wastes are or have been generated, stored, treated, dis- posed of, or transported from; (2) conduct monitoring or testing; and (3) inspect and obtain samples from any per- son of any such wastes and samples of any containers or labeling for such wastes. (b) Procedures Each inspection under this section shall be commenced and completed with reasonable promptness. If the officer, employee, or rep- resentative obtains any samples, prior to leav- ing the premises he shall give to the owner, op- erator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained if giving such an equal portion is feasible. If any analysis is made of such samples, a copy of the results of such anal- ysis shall be furnished promptly to the owner, operator, or agent in charge of the premises con- cerned. (c) Availability to public The provisions of section 6927(b) of this title shall apply to records, reports, and information obtained under this section in the same manner and to the same extent as such provisions apply to records, reports, and information obtained under section 6927 of this title. (Pub. L. 89–272, title II, § 11004, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.) § 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 require- ment or prohibition in effect under this sub- chapter (including any requirement or prohibi- tion in effect under regulations under this sub- chapter) (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 vio- lation occurred for appropriate relief, includ- ing 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 require- ment or prohibition in effect under this sub- chapter. In assessing such a penalty, the Ad- ministrator shall take into account the seri- ousness of the violation and any good faith ef- forts to comply with applicable requirements. Page 7042 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6992e (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 re- quest, the Administrator shall promptly con- duct a public hearing. In connection with any proceeding under this section, the Adminis- trator may issue subpoenas for the production of relevant papers, books, and documents, and may promulgate rules for discovery proce- dures. (4) Violation of compliance orders In the case of an order under this subsection requiring compliance with any requirement of or regulation under this subchapter, if a viola- tor fails to take corrective action within the time specified in an order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompli- ance with the order. (b) Criminal penalties Any person who— (1) knowingly violates the requirements of or regulations under this subchapter; (2) knowingly omits material information or makes any false material statement or rep- resentation in any label, record, report, or other document filed, maintained, or used for purposes of compliance with this subchapter or regulations thereunder; or (3) knowingly generates, stores, treats, transports, disposes of, or otherwise handles any medical waste (whether such activity took place before or takes place after Novem- ber 1, 1988) and who knowingly destroys, al- ters, conceals, or fails to file any record, re- port, or other document required to be main- tained or filed for purposes of compliance with this subchapter or regulations thereunder shall, upon conviction, be subject to a fine of not more than $50,000 for each day of violation, or imprisonment not to exceed 2 years (5 years in the case of a violation of paragraph (1)). If the conviction is for a violation committed after a first conviction of such person under this para- graph, the maximum punishment under the re- spective paragraph shall be doubled with respect to both fine and imprisonment. (c) Knowing endangerment Any person who knowingly violates any provi- sion of subsection (b) who knows at that time that he thereby places another person in immi- nent 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 15 years, or both. A defendant that is an or- ganization shall, upon conviction under this subsection, be subject to a fine of not more than $1,000,000. The terms of this paragraph shall be interpreted in accordance with the rules pro- vided under section 6928(f) of this title. (d) Civil penalties Any person who violates any requirement of or regulation under this subchapter shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such viola- tion. Each day of such violation shall, for pur- poses of this section, constitute a separate vio- lation. (e) Civil penalty policy Civil penalties assessed by the United States or by the States under this subchapter shall be assessed in accordance with the Administrator’s ‘‘RCRA Civil Penalty Policy’’, as such policy may be amended from time to time. (Pub. L. 89–272, title II, § 11005, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2953.) § 6992e. Federal facilities (a) In general Each department, agency, and instrumen- tality of the executive, legislative, and judicial branches of the Federal Government in a dem- onstration State (1) having jurisdiction over any solid waste management facility or disposal site at which medical waste is disposed of or other- wise handled, or (2) engaged in any activity re- sulting, or which may result, in the disposal, management, or handling of medical waste shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any re- quirement for permits or reporting or any provi- sions for injunctive relief and such sanctions as may be imposed by a court to enforce such re- lief), respecting control and abatement of med- ical waste disposal and management in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Fed- eral, State, interstate, and local substantive and procedural requirements referred to in this sub- section include, but are not limited to, all ad- ministrative orders, civil, criminal, and admin- istrative penalties, and other sanctions, includ- ing injunctive relief, fines, and imprisonment. Neither the United States, nor any agent, em- ployee, or officer thereof, shall be immune or ex- empt from any process or sanction of any State or Federal court with respect to the enforce- ment of any such order, penalty, or other sanc- tion. For purposes of enforcing any such sub- stantive or procedural requirement (including, but not limited to, any injunctive relief, admin- istrative order, or civil, criminal, administra- tive penalty, or other sanction), against any such department, agency, or instrumentality, the United States hereby expressly waives any immunity otherwise applicable to the United States. The President may exempt any depart- ment, agency, or instrumentality in the execu- tive branch from compliance with such a re- quirement if he determines it to be in the para- mount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such re- quested appropriation. Any exemption shall be for a period not in excess of one year, but addi- tional exemptions may be granted for periods not to exceed one year upon the President’s making a new determination. The President shall report each January to the Congress all ex- emptions from the requirements of this section