§ 6927. Inspections
1,656 words·~8 min read·
/usc/title-42/section-6927A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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). 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).
(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, § 3007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2810; amended Pub. L. 95–609, § 7(j), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96–482, § 12, Oct. 21, 1980, 94 Stat. 2339; Pub. L. 98–616, title II, §§ 229–231, title V, § 502(a), Nov. 8, 1984, 98 Stat. 3255, 3256, 3276; Pub. L. 102–386, title I, § 104, Oct. 6, 1992, 106 Stat. 1507.)
Connections119 cite this · traces to 3
Cited by 119 sections · top 60
U.S. Code
register
- UnknownFinal special conditions
- Rules and RegulationsDirect final rule
- Proposed RulesFinal rule
- Rules and RegulationsDirect final rule
- Proposed RulesNotice of availability; request for comments
- Proposed RulesDirect final rule
- Proposed RulesDirect final rule
- Rules and RegulationsDirect final rule
- NoticesDirect final rule
- Proposed RulesProposed rule
- Rules and RegulationsFinal rule
- Proposed RulesDirect final rule
- Rules and RegulationsDirect final rule
- NoticesNotification of final approval
- NoticesDirect final rule
- Proposed RulesDirect final rule
- NoticesNotice
- NoticesFinal approval
- NoticesAvailability of final decision
- Proposed RulesDirect final rule
- Proposed RulesImmediate final rule
- Proposed RulesDirect final rule
- Rules and RegulationsFinal rule
- NoticesFinal rule and response to comments
- NoticesFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsDirect final rule
- NoticesAnnouncment of availability; request for comment
- NoticesFinal rule
- NoticesDirect final rule
- Proposed RulesDirect final rule
- Proposed RulesDirect final rule
- NoticesDirect final rule
- Proposed RulesFinal rule
- Rules and RegulationsFinal rule and response to comments
- Rules and RegulationsProposed rule
- Proposed RulesNotice of availability; request for comments
- NoticesProposed rule
- NoticesFinal rule
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesDirect final rule
- Rules and RegulationsProposed rule
- NoticesDirect final rule
- NoticesDirect final rule
- Proposed RulesDirect final rule
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Proposed RulesDirect final rule
statute-compilations
statutes-at-large
- Public Law 102–386To amend the Solid Waste Disposal Act to clarify provisions concerning the application of certain requirements and sanctions to Federal facilities
- Public Law 96–482To amend and reauthorize the Solid Waste Disposal Act
- Public Law 98–616To amend the Solid Waste Disposal Act to authorize appropriations for the fiscal years 1985 through 1988, and for other purposes
- Public Law 94–580To provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste
- Public Law 102–389Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1993, and for other purposes
22 references not yet in our index
- Pub. L. 89–272, title II, § 3007
- Pub. L. 94–580, § 2
- 90 Stat. 2810
- Pub. L. 95–609, § 7(j)
- 92 Stat. 3082
- Pub. L. 96–482, § 12
- 94 Stat. 2339
- Pub. L. 98–616, title II
- 98 Stat. 3255
- Pub. L. 102–386, title I, § 104
- 106 Stat. 1507
- Pub. L. 102–386
- Pub. L. 98–616, § 502(a)
- Pub. L. 96–482
- Pub. L. 98–616, § 229
- Pub. L. 98–616, § 230
- Pub. L. 98–616, § 231
- Pub. L. 96–482, § 12(a)
- Pub. L. 96–482, § 12(b)(1)
- Pub. L. 96–482, § 12(b)(4)
- Pub. L. 96–482, § 12(b)(3)
- Pub. L. 95–609
Citation graph
cites case law
§ 6927
Inspections
Fed. Reg.×95
Stat.×13
U.S.C.×7
Bills×2
C.F.R.×1
Stat. Comp.×1
Pub. L.Pub. L. 89–272, title II, § 3007
Pub. L.Pub. L. 94–580, § 2
Stat.90 Stat. 2810
Pub. L.Pub. L. 95–609, § 7(j)
Stat.92 Stat. 3082
Cites 25 · showing 8Cited by 119 across 6 sources