Sec. 11005. ENFORCEMENT
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## SEC. 11005 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 subtitle (including any requirement or prohibition in effect under regulations under this subtitle)
(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 subtitle. 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 subtitle, 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 Penalties49 Any person who— 49The Medical Waste Tracking Act of 1988 (P.L. 100–582), which added subtitle J to the Solid Waste Disposal Act, also amended title 18, United States Code, by adding the following new section at the end of chapter 203: §3063. Powers of Environmental Protection Agency
(a)Upon designation by the Administrator of the Environmental Protection Agency, any law enforcement officer of the Environmental Protection Agency with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency, may—
(1)carry firearms;
(2)execute and serve any warrant or other processes issued under the authority of the United States; and
(3)make arrests without warrant for—
(A)any offense against the United States committed in such officer's presence; or
(B)any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony offense.
(b)The powers granted under subsection
(a)of this section shall be exercised in accordance with guidelines approved by the Attorney General. ####
(1)knowingly violates the requirements of or regulations under this subtitle; ####
(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 subtitle 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 the date of the enactment of this paragraph) 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 subtitle 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)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 3008(f) of this Act. ###
(d)Civil Penalties Any person who violates any requirement of or regulation under this subtitle 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 subtitle shall be assessed in accordance with the Administrator's “RCRA Civil Penalty Policy”, as such policy may be amended from time to time. **[**[42 U.S.C. 6992d](/us/usc/t42/s6992d)**]**
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