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- United States Code
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),
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;
- (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.