
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: 42USC6934]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6934. Monitoring, analysis, and testing


(a) Authority of Administrator

    If the Administrator determines, upon receipt of any information, 
that--
        (1) the presence of any hazardous waste at a facility or site at 
    which hazardous waste is, or has been, stored, treated, or disposed 
    of, or
        (2) the release of any such waste from such facility or site

may present a substantial hazard to human health or the environment, he 
may issue an order requiring the owner or operator of such facility or 
site to conduct such monitoring, testing, analysis, and reporting with 
respect to such facility or site as the Administrator deems reasonable 
to ascertain the nature and extent of such hazard.

(b) Previous owners and operators

    In the case of any facility or site not in operation at the time a 
determination is made under subsection (a) of this section with respect 
to the facility or site, if the Administrator finds that the owner of 
such facility or site could not reasonably be expected to have actual 
knowledge of the presence of hazardous waste at such facility or site 
and of its potential for release, he may issue an order requiring the 
most recent previous owner or operator of such facility or site who 
could reasonably be expected to have such actual knowledge to carry out 
the actions referred to in subsection (a) of this section.

(c) Proposal

    An order under subsection (a) or (b) of this section shall require 
the person to whom such order is issued to submit to the Administrator 
within 30 days from the issuance of such order a proposal for carrying 
out the required monitoring, testing, analysis, and reporting. The 
Administrator may, after providing such person with an opportunity to 
confer with the Administrator respecting such proposal, require such 
person to carry out such monitoring, testing, analysis, and reporting in 
accordance with such proposal, and such modifications in such proposal 
as the Administrator deems reasonable to ascertain the nature and extent 
of the hazard.

(d) Monitoring, etc., carried out by Administrator

    (1) If the Administrator determines that no owner or operator 
referred to in subsection (a) or (b) of this section is able to conduct 
monitoring, testing, analysis, or reporting satisfactory to the 
Administrator, if the Administrator deems any such action carried out by 
an owner or operator to be unsatisfactory, or if the Administrator 
cannot initially determine that there is an owner or operator referred 
to in subsection (a) or (b) of this section who is able to conduct such 
monitoring, testing, analysis, or reporting, he may--
        (A) conduct monitoring, testing, or analysis (or any combination 
    thereof) which he deems reasonable to ascertain the nature and 
    extent of the hazard associated with the site concerned, or
        (B) authorize a State or local authority or other person to 
    carry out any such action,

and require, by order, the owner or operator referred to in subsection 
(a) or (b) of this section to reimburse the Administrator or other 
authority or person for the costs of such activity.
    (2) No order may be issued under this subsection requiring 
reimbursement of the costs of any action carried out by the 
Administrator which confirms the results of an order issued under 
subsection (a) or (b) of this section.
    (3) For purposes of carrying out this subsection, the Administrator 
or any authority or other person authorized under paragraph (1), may 
exercise the authorities set forth in section 6927 of this title.

(e) Enforcement

    The Administrator may commence a civil action against any person who 
fails or refuses to comply with any order issued under this section. 
Such action shall be brought in the United States district court in 
which the defendant is located, resides, or is doing business. Such 
court shall have jurisdiction to require compliance with such order and 
to assess a civil penalty of not to exceed $5,000 for each day during 
which such failure or refusal occurs.

(Pub. L. 89-272, title II, Sec. 3013, as added Pub. L. 96-482, 
Sec. 17(a), Oct. 21, 1980, 94 Stat. 2344.)

                          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 6939, 7412, 9606 of this 
title.
