
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6927]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 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 
generates, stores, treats, transports, disposes of, or otherwise handles 
or has handled hazardous wastes shall, upon request of any officer, 
employee or representative of the Environmental Protection Agency, duly 
designated by the Administrator, or upon request of any duly designated 
officer, employee or representative of a State having an authorized 
hazardous waste program, 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 developing 
or assisting in the development of any regulation or enforcing the 
provisions of this chapter, such officers, employees or representatives 
are authorized--
        (1) to enter at reasonable times any establishment 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 officer, 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 (including records, 
reports, or information obtained by representatives of the Environmental 
Protection Agency) obtained from any person under this section shall be 
available to the public, except that upon a showing satisfactory to the 
Administrator (or the State, as the case may be) by any person that 
records, reports, or information, or particular part thereof, to which 
the Administrator (or the State, as the case may be) or any officer, 
employee or representative thereof 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 representatives 
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 willfully divulges or discloses any 
information entitled 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 believes is entitled to 
    protection under this subsection, 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 Administrator may prescribe.
    (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 annual basis a thorough 
inspection of each facility for the treatment, storage, or disposal of 
hazardous 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 promulgated 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) of this 
section. The department, agency, or instrumentality owning or operating 
each such facility shall reimburse the Environmental 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 monitoring 
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 government for which a 
permit is required under section 6925 of this title. The records of such 
inspection shall be available to the public as provided in subsection 
(b) of this section.

(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 hazardous 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, promulgate regulations 
governing the minimum frequency and manner of such inspections, 
including the manner in which records of such inspections 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 commensurate with the risks posed by each class or 
category.
    (2) Not later than six months after November 8, 1984, the 
Administrator shall submit to the Congress a report on the potential for 
inspections of hazardous waste treatment, storage, or disposal 
facilities by nongovernmental inspectors 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 prepared in cooperation with the 
States, insurance companies offering environmental impairment insurance, 
independent companies providing inspection services, and other such 
groups as appropriate. Such report shall contain recommendations on 
provisions and requirements for a program of private inspections to 
supplement governmental inspections.

(Pub. L. 89-272, title II, Sec. 3007, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2810; amended Pub. L. 95-609, Sec. 7(j), Nov. 8, 
1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 12, Oct. 21, 1980, 94 Stat. 
2339; Pub. L. 98-616, title II, Secs. 229-231, title V, Sec. 502(a), 
Nov. 8, 1984, 98 Stat. 3255, 3256, 3276; Pub. L. 102-386, title I, 
Sec. 104, Oct. 6, 1992, 106 Stat. 1507.)


                               Amendments

    1992--Subsec. (c). Pub. L. 102-386 in first sentence substituted 
``The Administrator shall undertake'' for ``Beginning twelve months 
after November 8, 1984, the Administrator shall, or in the case of a 
State with an authorized hazardous waste program the State may, 
undertake'' and ``department, agency, or instrumentality of the United 
States'' for ``Federal agency'', inserted after first sentence ``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.'', and inserted at 
end ``The department, agency, or instrumentality owning or operating 
each such facility shall reimburse the Environmental 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 monitoring 
evaluation at the facility, unless such an evaluation was conducted 
during the 12-month period preceding October 6, 1992.''
    1984--Subsec. (b)(1). Pub. L. 98-616, Sec. 502(a), modified 
directory language for amendment by sec. 12(b)(4) of Pub. L. 96-482.
    Subsec. (c). Pub. L. 98-616, Sec. 229, added subsec. (c).
    Subsec. (d). Pub. L. 98-616, Sec. 230, added subsec. (d).
    Subsec. (e). Pub. L. 98-616, Sec. 231, added subsec. (e).
    1980--Subsec. (a). Pub. L. 96-482, Sec. 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, employees or representatives'' for ``such 
officers or employees'', ``furnish information relating to such wastes 
and permit'' for ``furnish or permit'', and ``officer, employee or 
representative obtains'' for ``officer or employee obtains'', struck out 
``maintained by any person'' after ``establishment or other place'', 
substituted ``officer, employee or representative obtains'' for 
``officer or employee obtains'', and inserted ``or has handled'' after 
``otherwise handles'' and ``or have been'' after ``where hazardous 
wastes are''.
    Subsec. (b)(1). Pub. L. 96-482, Sec. 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, Sec. 12(b)(4), as modified by Pub. L. 98-616, 
Sec. 502(a), inserted ``(including records, reports, or information 
obtained by representatives of the Environmental Protection Agency)'' 
after ``information''.
    Subsec. (b)(2) to (4). Pub. L. 96-482, Sec. 12(b)(3), added pars. 
(2) to (4).
    1978--Subsec. (a)(1). Pub. L. 95-609 substituted ``disposed of, or 
transported from'' for ``or disposed of''.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection 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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6933, 6934, 6937, 6939, 
6945, 6992c, 7412, 9606 of this title.
