
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6928]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6928. Federal enforcement


(a) Compliance orders

    (1) Except as provided in paragraph (2), whenever on the basis of 
any information the Administrator determines that any person has 
violated or is in violation of any requirement of this subchapter, 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 injunction.
    (2) In the case of a violation of any requirement of this subchapter 
where such violation occurs 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 subsection 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 violation. 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 become 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 Administrator 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 Administrator may suspend or revoke any permit 
issued to the violator (whether issued by the Administrator 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 subchapter, 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 Protection, 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 representation in any application, label, 
    manifest, record, report, permit, or other document filed, 
    maintained, or used 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;
        (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 November 8, 1984) and who knowingly destroys, alters, 
    conceals, or fails to file any record, application, 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 manifest, any hazardous waste or any used oil 
    not identified or listed as a hazardous waste under this subchapter 
    required by regulations promulgated 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 establishing notice, export, and enforcement procedures for 
    the transportation, treatment, storage, 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 otherwise handles any used oil not 
    identified or listed as a hazardous waste under this subchapter--
            (A) in knowing violation of any material condition or 
        requirement of a permit under this subchapter; or
            (B) in knowing violation of any material condition or 
        requirement of any applicable regulations or standards under 
        this chapter;

shall, upon conviction, be subject to a fine of not more than $50,000 
for each day of violation, or imprisonment not to exceed two years (five 
years in the case of a violation of paragraph (1) or (2)), or both. If 
the conviction is for a violation committed after a first conviction of 
such person under this paragraph, the maximum punishment under the 
respective paragraph shall be doubled with respect to both fine and 
imprisonment.

(e) Knowing endangerment

    Any person who knowingly transports, treats, stores, disposes of, or 
exports any hazardous waste identified or listed under this subchapter 
or used oil not identified or listed as a hazardous waste under this 
subchapter in violation of paragraph (1), (2), (3), (4), (5), (6), or 
(7) of subsection (d) of this section who knows at that time that he 
thereby places another person in imminent 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 fifteen years, or both. 
A defendant that is an organization shall, upon conviction of violating 
this subsection, be subject to a fine of not more than $1,000,000.

(f) Special rules

    For the purposes of subsection (e) of this section--
        (1) A person's state of mind is knowing with respect to--
            (A) his conduct, if he is aware of the nature of his 
        conduct;
            (B) an existing circumstance, if he is aware or believes 
        that the circumstance exists; or
            (C) a result of his conduct, if he is aware or believes that 
        his conduct is substantially certain to cause danger of death or 
        serious bodily injury.

        (2) In determining whether a defendant who is a natural person 
    knew that his conduct placed another person in imminent danger of 
    death or serious bodily injury--
            (A) the person is responsible only for actual awareness or 
        actual belief that he possessed; and
            (B) knowledge possessed by a person other than the defendant 
        but not by the defendant himself may not be attributed to the 
        defendant;

    Provided, That in proving the defendant's possession of actual 
    knowledge, circumstantial evidence may be used, including evidence 
    that the defendant took affirmative steps to shield himself from 
    relevant information.
        (3) It is an affirmative defense to a prosecution that the 
    conduct charged was consented to by the person endangered and that 
    the danger and conduct charged were reasonably foreseeable hazards 
    of--
            (A) an occupation, a business, or a profession; or
            (B) medical treatment or medical or scientific 
        experimentation conducted by professionally approved methods and 
        such other person had been made aware of the risks involved 
        prior to giving consent.

    The defendant may establish an affirmative defense under this 
    subsection by a preponderance of the evidence.
        (4) All general defenses, affirmative defenses, and bars to 
    prosecution that may apply with respect to other Federal criminal 
    offenses may apply under subsection (e) of this section and shall be 
    determined by the courts of the United States according to the 
    principles of common law as they may be interpreted in the light of 
    reason and experience. Concepts of justification and excuse 
    applicable under this section may be developed in the light of 
    reason and experience.
        (5) The term ``organization'' means a legal entity, other than a 
    government, established, or organized for any purpose, and such term 
    includes a corporation, company, association, firm, partnership, 
    joint stock company, foundation, institution, trust, society, union, 
    or any other association of persons.
        (6) The term ``serious bodily injury'' means--
            (A) bodily injury which involves a substantial risk of 
        death;
            (B) unconsciousness;
            (C) extreme physical pain;
            (D) protracted and obvious disfigurement; or
            (E) protracted loss or impairment of the function of a 
        bodily member, organ, or mental faculty.

(g) Civil penalty

    Any person who violates any requirement of this subchapter shall be 
liable to the United States for a civil penalty in an amount not to 
exceed $25,000 for each such violation. Each day of such violation 
shall, for purposes of this subsection, constitute a separate violation.

(h) Interim status corrective action orders

    (1) Whenever on the basis of any information the Administrator 
determines that there is or has been a release of hazardous waste into 
the environment from a facility authorized to operate under section 
6925(e) of this title, the Administrator may issue an order requiring 
corrective action or such other response measure as he deems necessary 
to protect human health or the environment or the Administrator may 
commence a civil action in the United States district court in the 
district in which the facility is located for appropriate relief, 
including a temporary or permanent injunction.
    (2) Any order issued under this subsection may include a suspension 
or revocation of authorization to operate under section 6925(e) of this 
title, shall state with reasonable specificity the nature of the 
required corrective action or other response measure, and shall specify 
a time for compliance. If any person named in an order fails to comply 
with the order, the Administrator may assess, and such person shall be 
liable to the United States for, a civil penalty in an amount not to 
exceed $25,000 for each day of noncompliance with the order.

(Pub. L. 89-272, title II, Sec. 3008, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2811; amended Pub. L. 95-609, Sec. 7(k), Nov. 8, 
1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 13, Oct. 21, 1980, 94 Stat. 
2339; Pub. L. 98-616, title II, Secs. 232, 233, 245(c), title IV, 
Sec. 403(d)(1)-(3), Nov. 8, 1984, 98 Stat. 3256, 3257, 3264, 3272; Pub. 
L. 99-499, title II, Sec. 205(i), Oct. 17, 1986, 100 Stat. 1703.)

                       References in Text

    The Marine Protection, Research, and Sanctuaries Act, referred to in 
subsec. (d)(1), (2)(A), probably means the Marine Protection, Research, 
and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 
1052, as amended. Title I of the Marine Protection, Research, and 
Sanctuaries Act of 1972 is classified generally to subchapter I 
(Sec. 1411 et seq.) of chapter 27 of Title 33, Navigation and Navigable 
Waters. For complete classification of this Act to the Code, see Short 
Title note set out under section 1401 of Title 33 and Tables.


                               Amendments

    1986--Subsec. (d)(4). Pub. L. 99-499, Sec. 205(i)(1), inserted ``or 
any used oil not identified or listed as a hazardous waste under this 
subchapter''.
    Subsec. (d)(5). Pub. L. 99-499, Sec. 205(i)(1), (2), inserted ``or 
any used oil not identified or listed as a hazardous waste under this 
subchapter'' and struck out ``; or'' after ``accompanied by a 
manifest;''.
    Subsec. (d)(6). Pub. L. 99-499, Sec. 205(i)(3), inserted at end ``; 
or''.
    Subsec. (d)(7). Pub. L. 99-499, Sec. 205(i)(4), added par. (7).
    Subsec. (e). Pub. L. 99-499, Sec. 205(i)(5), inserted ``or used oil 
not identified or listed as a hazardous waste under this subchapter'' 
and substituted ``(5), (6), or (7)'' for ``(5), or (6)''.
    1984--Subsec. (a)(1). Pub. L. 98-616, Sec. 403(d)(1), in amending 
par. (1) generally, expanded authority of Administrator by empowering 
him to determine that a person ``has violated'' a requirement of this 
subchapter, and to assess a civil penalty for a past or current 
violation.
    Subsec. (a)(3). Pub. L. 98-616, Sec. 403(d)(2), in amending par. (3) 
generally, substituted provision that any order issued pursuant to this 
subsection 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 violation, and provision 
that any penalty assessed in the order shall not exceed $25,000 per day 
of noncompliance for each violation of a requirement of this subchapter, 
and that in assessing such a penalty, the Administrator take into 
account the seriousness of the violation and any good faith efforts to 
comply with applicable requirements, for provision that if such violator 
fails to take corrective action within the time specified in the order, 
he shall be liable for a civil penalty of not more than $25,000 for each 
day of continued noncompliance and the Administrator may suspend or 
revoke any permit issued to the violator, whether issued by the 
Administrator or the State.
    Subsec. (b). Pub. L. 98-616, Sec. 233(b), inserted ``issued under 
this section''.
    Subsec. (c). Pub. L. 98-616, Sec. 403(d)(3), substituted provisions 
relating to penalties for violation of compliance orders for former 
provisions which set forth requirements for compliance orders.
    Subsec. (d). Pub. L. 98-616, Sec. 232(a)(3), amended closing 
provisions generally. Prior to amendment, closing provisions read as 
follows: ``shall, upon conviction, be subject to a fine of not more than 
$25,000 ($50,000 in the case of a violation of paragraph (1) or (2)) for 
each day of violation, or to imprisonment not to exceed one year (two 
years in the case of a violation of paragraph (1) or (2)), or both. If 
the conviction is for a violation committed after a first conviction of 
such person under this paragraph, punishment shall be by a fine of not 
more than $50,000 per day of violation, or by imprisonment for not more 
than two years, or by both.''
    Subsec. (d)(1). Pub. L. 98-616, Sec. 232(a)(1), inserted ``or causes 
to be transported'' and substituted ``this subchapter'' for ``section 
6925 of this title (or section 6926 of this title in case of a State 
program)''.
    Subsec. (d)(2). Pub. L. 98-616, Sec. 232(a)(2)(A), struck out 
``either'' after ``subchapter'' in provision preceding subpar. (A).
    Subsec. (d)(2)(A). Pub. L. 98-616, Sec. 232(a)(2)(B), (c), 
substituted ``this subchapter'' for ``section 6925 of this title (or 
section 6926 of this title in the case of a State program)'' and struck 
out ``having obtained'' before ``a permit under''.
    Subsec. (d)(2)(C). Pub. L. 98-616, Sec. 232(a)(2)(C), added subpar. 
(C).
    Subsec. (d)(3) to (5). Pub. L. 98-616, Sec. 232(a)(3), in amending 
pars. (3) and (4) generally, expanded par. (3) by providing criminal 
penalties for one who knowingly omits material information from 
documents required to be filed, maintained or used under this 
subchapter, expanded par. (4) by providing criminal penalties for one 
who knowingly fails to file required material under this subchapter, and 
added par. (5).
    Subsec. (d)(6). Pub. L. 98-616, Sec. 245(c), added par. (6).
    Subsec. (e). Pub. L. 98-616, Sec. 232(b), in amending subsec. (e) 
generally, struck out provisions referring to violations of interim 
status standards and omission of material information from permit 
applications, struck out provision requiring proof of ``unjustifiable 
and inexcusable disregard for human life'' or ``extreme indifference to 
human life'' for conviction under this subsection, and inserted 
provision increasing maximum prison sentence to fifteen years for 
violation of subsec. (d)(1) through (6) of this section by one who 
knowingly places another person in imminent danger of death or serious 
bodily injury, replacing former provision calling for maximum 
imprisonment of two years, or five years in cases evidencing extreme 
indifference to human life.
    Subsec. (h). Pub. L. 98-616, Sec. 233(a), added subsec. (h).
    1980--Subsec. (a)(1). Pub. L. 96-482, Sec. 13(1), (2), struck out 
``the Administrator shall give notice to the violator of his failure to 
comply with such requirement. If such violation extends beyond the 
thirtieth day after the Administrator's notification'' before ``the 
Administrator may issue'' and substituted ``compliance immediately or 
within a specified time period'' for ``compliance within a specified 
time period''.
    Subsec. (a)(2). Pub. L. 96-482, Sec. 13(2), struck out ``thirty 
days'' after ``violation has occurred''.
    Subsec. (b). Pub. L. 96-482, Sec. 13(3), substituted ``order shall 
become final unless, no later than thirty days after the order is 
served'' for ``order or any suspension or revocation of a permit shall 
become final unless, no later than thirty days after the order or notice 
of the suspension or revocation is served''.
    Subsec. (c). Pub. L. 96-482, Sec. 13(4), authorized orders for 
suspension or revocation of permits.
    Subsec. (d). Pub. L. 96-482, Sec. 13(5), in par. (2), designated 
existing provisions as subpar. (A) and added subpar. (B), in par. (3), 
inserted provision requiring the statement or representation to be 
material, added par. (4), and in provisions following par. (4), inserted 
provision authorizing a fine of $50,000 and a two year imprisonment for 
violation of par. (1) or (2).
    Subsecs. (e) to (g). Pub. L. 96-482, Sec. 13(5), added subsecs. (e) 
to (g).
    1978--Subsec. (d)(1). Pub. L. 95-609, Sec. 7(k)(1), inserted 
provision relating to title I of the Marine Protection, Research, and 
Sanctuaries Act.
    Subsec. (d)(2). Pub. L. 95-609, Sec. 7(k)(2), inserted provisions 
relating to treatment or storage of hazardous wastes and relating to 
title I of the Marine Protection, Research, and Sanctuaries Act.

                          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 6924, 6939c, 6945, 6972, 
6992d, 7412, 9606 of this title; title 26 section 4662.
