42 U.S.C. § 6992c — Inspections

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.