
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: 42USC6992d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
       SUBCHAPTER X--DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM
 
Sec. 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 
    requirement or prohibition in effect under this subchapter 
    (including any requirement or prohibition in effect under 
    regulations under this subchapter) (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 violation occurred for appropriate relief, 
    including 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 
    requirement or prohibition in effect under 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.

                         (3) Public hearing

        Any order issued under this subsection shall become final 
    unless, not later than 30 days after issuance of the order, the 
    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 subpoenas for the production of relevant papers, books, 
    and documents, and may promulgate rules for discovery procedures.

                 (4) Violation of compliance orders

        In the case of an order under this subsection requiring 
    compliance with any requirement of or regulation under this 
    subchapter, if a violator fails to take corrective action within the 
    time specified in an order, the Administrator may assess a civil 
    penalty of not more than $25,000 for each day of continued 
    noncompliance with the order.

(b) Criminal penalties

    Any person who--
        (1) knowingly violates the requirements of or regulations under 
    this subchapter;
        (2) knowingly omits material information or makes any false 
    material statement or representation in any label, record, report, 
    or other document filed, maintained, or used for purposes of 
    compliance with this subchapter or regulations thereunder; or
        (3) knowingly generates, stores, treats, transports, disposes 
    of, or otherwise handles any medical waste (whether such activity 
    took place before or takes place after November 1, 1988) and who 
    knowingly destroys, alters, conceals, or fails to file any record, 
    report, or other document required to be maintained or filed for 
    purposes of compliance with this subchapter or regulations 
    thereunder

shall, upon conviction, be subject to a fine of not more than $50,000 
for each day of violation, or imprisonment not to exceed 2 years (5 
years in the case of a violation of paragraph (1)). 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.

(c) Knowing endangerment

    Any person who knowingly violates any provision of subsection (b) 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 15 years, or both. A defendant that is an 
organization shall, upon conviction under this subsection, be subject to 
a fine of not more than $1,000,000. The terms of this paragraph shall be 
interpreted in accordance with the rules provided under section 6928(f) 
of this title.

(d) Civil penalties

    Any person who violates any requirement of or regulation under 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 section, constitute a 
separate violation.

(e) Civil penalty policy

    Civil penalties assessed by the United States or by the States under 
this subchapter shall be assessed in accordance with the Administrator's 
``RCRA Civil Penalty Policy'', as such policy may be amended from time 
to time.

(Pub. L. 89-272, title II, Sec. 11005, as added Pub. L. 100-582, 
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2953.)

                  Section Referred to in Other Sections

    This section is referred to in section 6992f of this title.
