42 U.S.C. § 6927 — Inspections

Page 6956 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6927 Pub. L. 98–616, title II, §§ 225, 226(a), 227, 228, 241(b)(2), Nov. 8, 1984, 98 Stat. 3254, 3255, 3260; Pub. L. 99–499, title II, § 205(j), Oct. 17, 1986, 100 Stat. 1703.) Editorial Notes REFERENCES IN TEXT Section 6935(d)(1) of this title, referred to in subsec. (b), was in the original a reference to section 3012(d)(1) of Pub. L. 89–272, which was renumbered section 3014(d)(1) of Pub. L. 89–272 by Pub. L. 98–616 and is clas- sified to section 6935(d)(1) of this title. The Hazardous and Solid Waste Amendments of 1984, referred to in subsecs. (c)(3), (4) and (g), is Pub. L. 98–616, Nov. 8, 1984, 98 Stat. 3221, which amended this chapter. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 6901 of this title and Tables. AMENDMENTS 1986—Subsec. (h). Pub. L. 99–499 added subsec. (h). 1984—Subsec. (b). Pub. L. 98–616, §§ 225, 241(b)(2), in- serted ‘‘(and to enforce permits deemed to have been issued under section 6935(d)(1) of this title)’’, and in- serted provision at end that in authorizing a State pro- gram, the Administrator may base his findings on the Federal program in effect one year prior to submission of a State’s application or in effect on January 26, 1983, whichever is later. Subsec. (c)(1). Pub. L. 98–616, § 227(1), (2), designated existing provisions as par. (1) and substituted ‘‘period ending no later than January 31, 1986’’ for ‘‘twenty-four month period beginning on the date six months after the date of promulgation of regulations under sections 6922 through 6925 of this title’’. Subsec. (c)(2) to (4). Pub. L. 98–616, § 227(3), added pars. (2) to (4). Subsec. (f). Pub. L. 98–616, § 226(a), added subsec. (f). Subsec. (g). Pub. L. 98–616, § 228, added subsec. (g). 1978—Subsec. (c). Pub. L. 95–609 substituted ‘‘of’’ for ‘‘required for’’ wherever appearing and ‘‘may submit’’ for ‘‘submit’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–616, title II, § 226(b), Nov. 8, 1984, 98 Stat. 3254, provided that: ‘‘The amendment made by sub- section (a) [enacting subsec. (f) of this section] shall apply with respect to State programs authorized under section 3006 [this section] before, on, or after the date of enactment of the Hazardous and Solid Waste Amend- ments of 1984 [Nov. 8, 1984].’’ 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. § 6927. Inspections (a) Access entry For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any person who gen- erates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, em- ployee or representative of the Environmental Protection Agency, duly designated by the Ad- ministrator, or upon request of any duly des- ignated officer, employee or representative of a State having an authorized hazardous waste pro- gram, furnish information relating to such wastes and permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. For the purposes of de- veloping or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, employees or representa- tives are authorized— (1) to enter at reasonable times any estab- lishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from; (2) to inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes. Each such inspection shall be commenced and completed with reasonable promptness. If the of- ficer, employee or representative obtains any samples, prior to leaving the premises, he shall give to the owner, operator, 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 any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. (b) Availability to public (1) Any records, reports, or information (in- cluding records, reports, or information ob- tained by representatives of the Environmental Protection Agency) obtained from any person under this section shall be available to the pub- lic, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or infor- mation, or particular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee or representative there- of 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 information may be disclosed to other officers, employees, or authorized rep- resentatives 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 chapter, 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 (B) submit such designated data separately from other data submitted under this chapter. A designation under this paragraph shall be made in writing and in such manner as the Ad- ministrator may prescribe. Page 6957 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6927 (4) Notwithstanding any limitation contained in this section or any other provision of law, all information reported to, or otherwise obtained by, the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee. (c) Federal facility inspections The Administrator shall undertake on an an- nual basis a thorough inspection of each facility for the treatment, storage, or disposal of haz- ardous waste which is owned or operated by a department, agency, or instrumentality of the United States to enforce its compliance with this subchapter and the regulations promul- gated thereunder. Any State with an authorized hazardous waste program also may conduct an inspection of any such facility for purposes of enforcing the facility’s compliance with the State hazardous waste program. The records of such inspections shall be available to the public as provided in subsection (b). The department, agency, or instrumentality owning or operating each such facility shall reimburse the Environ- mental Protection Agency for the costs of the inspection of the facility. With respect to the first inspection of each such facility occurring after October 6, 1992, the Administrator shall conduct a comprehensive ground water moni- toring evaluation at the facility, unless such an evaluation was conducted during the 12-month period preceding October 6, 1992. (d) State-operated facilities The Administrator shall annually undertake a thorough inspection of every facility for the treatment, storage, or disposal of hazardous waste which is operated by a State or local gov- ernment for which a permit is required under section 6925 of this title. The records of such in- spection shall be available to the public as pro- vided in subsection (b). (e) Mandatory inspections (1) The Administrator (or the State in the case of a State having an authorized hazardous waste program under this subchapter) shall commence a program to thoroughly inspect every facility for the treatment, storage, or disposal of haz- ardous waste for which a permit is required under section 6925 of this title no less often than every two years as to its compliance with this subchapter (and the regulations promulgated under this subchapter). Such inspections shall commence not later than twelve months after November 8, 1984. The Administrator shall, after notice and opportunity for public comment, pro- mulgate regulations governing the minimum frequency and manner of such inspections, in- cluding the manner in which records of such in- spections shall be maintained and the manner in which reports of such inspections shall be filed. The Administrator may distinguish between classes and categories of facilities commensu- rate with the risks posed by each class or cat- egory. (2) Not later than six months after November 8, 1984, the Administrator shall submit to the Congress a report on the potential for inspec- tions of hazardous waste treatment, storage, or disposal facilities by nongovernmental inspec- tors as a supplement to inspections conducted by officers, employees, or representatives of the Environmental Protection Agency or States having authorized hazardous waste programs or operating under a cooperative agreement with the Administrator. Such report shall be pre- pared in cooperation with the States, insurance companies offering environmental impairment insurance, independent companies providing in- spection services, and other such groups as ap- propriate. Such report shall contain rec- ommendations on provisions and requirements for a program of private inspections to supple- ment governmental inspections. (Pub. L. 89–272, title II, § 3007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2810; amended Pub. L. 95–609, § 7(j), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96–482, § 12, Oct. 21, 1980, 94 Stat. 2339; Pub. L. 98–616, title II, §§ 229–231, title V, § 502(a), Nov. 8, 1984, 98 Stat. 3255, 3256, 3276; Pub. L. 102–386, title I, § 104, Oct. 6, 1992, 106 Stat. 1507.) Editorial Notes AMENDMENTS 1992—Subsec. (c). Pub. L. 102–386 in first sentence sub- stituted ‘‘The Administrator shall undertake’’ for ‘‘Be- ginning twelve months after November 8, 1984, the Ad- ministrator shall, or in the case of a State with an au- thorized hazardous waste program the State may, un- dertake’’ and ‘‘department, agency, or instrumentality of the United States’’ for ‘‘Federal agency’’, inserted after first sentence ‘‘Any State with an authorized haz- ardous waste program also may conduct an inspection of any such facility for purposes of enforcing the facili- ty’s compliance with the State hazardous waste pro- gram.’’, and inserted at end ‘‘The department, agency, or instrumentality owning or operating each such facil- ity shall reimburse the Environmental Protection Agency for the costs of the inspection of the facility. With respect to the first inspection of each such facil- ity occurring after October 6, 1992, the Administrator shall conduct a comprehensive ground water moni- toring evaluation at the facility, unless such an evalua- tion was conducted during the 12-month period pre- ceding October 6, 1992.’’ 1984—Subsec. (b)(1). Pub. L. 98–616, § 502(a), modified directory language for amendment by sec. 12(b)(4) of Pub. L. 96–482. Subsec. (c). Pub. L. 98–616, § 229, added subsec. (c). Subsec. (d). Pub. L. 98–616, § 230, added subsec. (d). Subsec. (e). Pub. L. 98–616, § 231, added subsec. (e). 1980—Subsec. (a). Pub. L. 96–482, § 12(a), substituted ‘‘chapter’’ for ‘‘subchapter’’, ‘‘any officer, employee or representative’’ for ‘‘any officer or employee’’, ‘‘duly designated officer, employee or representative’’ for ‘‘duly designated officer employee’’, ‘‘such officers, em- ployees or representatives’’ for ‘‘such officers or em- ployees’’, ‘‘furnish information relating to such wastes and permit’’ for ‘‘furnish or permit’’, and ‘‘officer, em- ployee or representative obtains’’ for ‘‘officer or em- ployee obtains’’, struck out ‘‘maintained by any per- son’’ after ‘‘establishment or other place’’, substituted ‘‘officer, employee or representative obtains’’ for ‘‘offi- cer or employee obtains’’, and inserted ‘‘or has han- dled’’ after ‘‘otherwise handles’’ and ‘‘or have been’’ after ‘‘where hazardous wastes are’’. Subsec. (b)(1). Pub. L. 96–482, § 12(b)(1)–(3), designated existing provisions as par. (1), inserted ‘‘or any officer, employee or representative thereof’’ before ‘‘has access under this section’’ and substituted ‘‘such information or particular portion thereof shall be considered’’ for ‘‘the Administrator (or the State, as the case may be) shall consider such information or portion thereof’’. Pub. L. 96–482, § 12(b)(4), as modified by Pub. L. 98–616, § 502(a), inserted ‘‘(including records, reports, or infor- 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 action under this section. (3) Any order issued pursuant to this sub- section 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 viola- tion. 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 be- come 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 Adminis- trator 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 Adminis- trator may suspend or revoke any permit issued to the violator (whether issued by the Adminis- trator 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 sub- chapter, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [33 U.S.C. 1411 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 Protec- tion, Research, and Sanctuaries Act (86 Stat. 1052) [33 U.S.C. 1411 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 rep- resentation in any application, label, mani- fest, record, report, permit, or other document filed, maintained, or used for purposes of com- pliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this sub- chapter; (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 Novem- ber 8, 1984) and who knowingly destroys, al- ters, conceals, or fails to file any record, appli- cation, 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 mani- fest, any hazardous waste or any used oil not identified or listed as a hazardous waste under this subchapter required by regulations pro- mulgated 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 estab- lishing notice, export, and enforcement proce- dures for the transportation, treatment, stor- age, 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 other-