33 U.S.C. § 1318 — Records and reports; inspections

Page 475 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1318 be applicable to the toxic pollutant if it were dis- charged by the source other than through a publicly owned treatment works, and does not prevent sludge use or disposal by the works in accordance with section 1345 of this title, then the pretreatment requirements for the sources actually discharging the toxic pollutant into the publicly owned treatment works may be re- vised by the owner or operator of the works to reflect the removal of the toxic pollutant by the works. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. INCREASE IN EPA EMPLOYEES Pub. L. 100–4, title III, § 309(b), Feb. 4, 1987, 101 Stat. 41, provided that: ‘‘The Administrator shall take such actions as may be necessary to increase the number of employees of the Environmental Protection Agency in order to effectively implement pretreatment require- ments under section 307 of the Federal Water Pollution Control Act [33 U.S.C. 1317].’’ § 1318. Records and reports; inspections (a) Maintenance; monitoring equipment; entry; access to information Whenever required to carry out the objective of this chapter, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, pro- hibition, or effluent standard, pretreatment standard, or standard of performance under this chapter; (2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent stand- ard, pretreatment standard, or standard of per- formance; (3) any requirement established under this section; or (4) carrying out sections 1315, 1321, 1342, 1344 (relating to State permit pro- grams), 1345, and 1364 of this title— (A) the Administrator shall require the owner or operator of any point source to (i) es- tablish and maintain such records, (ii) make such reports, (iii) install, use, and maintain such monitoring equipment or methods (in- cluding where appropriate, biological moni- toring methods), (iv) sample such effluents (in accordance with such methods, at such loca- tions, at such intervals, and in such manner as the Administrator shall prescribe), and (v) provide such other information as he may rea- sonably require; and (B) the Administrator or his authorized rep- resentative (including an authorized con- tractor acting as a representative of the Ad- ministrator), upon presentation of his creden- tials— (i) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records re- quired to be maintained under clause (A) of this subsection are located, and (ii) may at reasonable times have access to and copy any records, inspect any moni- toring equipment or method required under clause (A), and sample any effluents which the owner or operator of such source is re- quired to sample under such clause. (b) Availability to public; trade secrets excep- tion; penalty for disclosure of confidential in- formation Any records, reports, or information obtained under this section (1) shall, in the case of efflu- ent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and (2) shall be available to the public, except that upon a showing satis- factory to the Administrator by any person that records, reports, or information, or particular part thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge methods or proc- esses entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or par- ticular portion thereof confidential in accord- ance with the purposes of section 1905 of title 18. Any authorized representative of the Adminis- trator (including an authorized contractor act- ing as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any informa- tion which is required to be considered confiden- tial under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized rep- resentative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, em- ployees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter. (c) Application of State law Each State may develop and submit to the Ad- ministrator procedures under State law for in- spection, monitoring, and entry with respect to point sources located in such State. If the Ad- ministrator finds that the procedures and the law of any State relating to inspection, moni- toring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State (except with respect to point sources owned or operated by the United States). (d) Access by Congress Notwithstanding any limitation contained in this section or any other provision of law, all in- formation 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 au- thorized committee of Congress, to such com- mittee. (June 30, 1948, ch. 758, title III, § 308, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 858; amended Pub. L. 95–217, § 67(c)(1), Dec. 27, 1977, 91 Stat. 1606; Pub. L. 100–4, title III, § 310, title IV, § 406(d)(1), Feb. 4, 1987, 101 Stat. 41, 73.) Page 476 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1319 Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–4, § 406(d)(1), substituted ‘‘1345, and 1364’’ for ‘‘and 1364’’ in cl. (4). Subsec. (a)(B). Pub. L. 100–4, § 310(a)(2), inserted ‘‘(in- cluding an authorized contractor acting as a represent- ative of the Administrator)’’ after ‘‘representative’’. Subsec. (b). Pub. L. 100–4, § 310(a)(1), substituted a pe- riod and ‘‘Any authorized representative of the Admin- istrator (including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered con- fidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Adminis- trator or an authorized representative of the Adminis- trator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, em- ployees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.’’ for ‘‘, except that such record, report, or information may be disclosed to other officers, employees, or au- thorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.’’ Subsec. (d). Pub. L. 100–4, § 310(b), added subsec. (d). 1977—Subsec. (a)(4). Pub. L. 95–217 inserted ‘‘1344 (re- lating to State permit programs),’’ after ‘‘sections 1315, 1321, 1342,’’ in provisions preceding subpar. (A). § 1319. Enforcement (a) State enforcement; compliance orders (1) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any condition or limitation which implements section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title in a per- mit issued by a State under an approved permit program under section 1342 or 1344 of this title he shall proceed under his authority in para- graph (3) of this subsection or he shall notify the person in alleged violation and such State of such finding. If beyond the thirtieth day after the Administrator’s notification the State has not commenced appropriate enforcement action, the Administrator shall issue an order requiring such person to comply with such condition or limitation or shall bring a civil action in accord- ance with subsection (b) of this section. (2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to re- sult from a failure of the State to enforce such permit conditions or limitations effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will en- force such conditions and limitations (hereafter referred to in this section as the period of ‘‘fed- erally assumed enforcement’’), except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with respect to any person— (A) by issuing an order to comply with such condition or limitation, or (B) by bringing a civil action under sub- section (b) of this section. (3) Whenever on the basis of any information available to him the Administrator finds that any person is in violation of section 1311, 1312, 1316, 1317, 1318, 1322(p), 1328, or 1345 of this title, or is in violation of any permit condition or lim- itation implementing any of such sections in a permit issued under section 1342 of this title by him or by a State or in a permit issued under section 1344 of this title by a State, he shall issue an order requiring such person to comply with such section or requirement, or he shall bring a civil action in accordance with sub- section (b) of this section. (4) A copy of any order issued under this sub- section shall be sent immediately by the Admin- istrator to the State in which the violation oc- curs and other affected States. In any case in which an order under this subsection (or notice to a violator under paragraph (1) of this sub- section) is issued to a corporation, a copy of such order (or notice) shall be served on any ap- propriate corporate officers. An order issued under this subsection relating to a violation of section 1318 of this title shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation. (5)(A) Any order issued under this subsection shall be by personal service, shall state with reasonable specificity the nature of the viola- tion, and shall specify a time for compliance not to exceed thirty days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a time the Administrator determines to be rea- sonable in the case of a violation of a final dead- line, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (B) The Administrator may, if he determines (i) that any person who is a violator of, or any person who is otherwise not in compliance with, the time requirements under this chapter or in any permit issued under this chapter, has acted in good faith, and has made a commitment (in the form of contracts or other securities) of nec- essary resources to achieve compliance by the earliest possible date after July 1, 1977, but not later than April 1, 1979; (ii) that any extension under this provision will not result in the impo- sition of any additional controls on any other point or nonpoint source; (iii) that an applica- tion for a permit under section 1342 of this title was filed for such person prior to December 31, 1974; and (iv) that the facilities necessary for compliance with such requirements are under construction, grant an extension of the date re- ferred to in section 1311(b)(1)(A) of this title to a date which will achieve compliance at the ear- liest time possible but not later than April 1, 1979. (6) Whenever, on the basis of information available to him, the Administrator finds (A) that any person is in violation of section 1311(b)(1)(A) or (C) of this title, (B) that such person cannot meet the requirements for a time extension under section 1311(i)(2) of this title,