§1318 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Requires the federal Administrator to make the owner or operator of any point source keep records, send reports, install and use monitoring tools, take samples of discharges, and give other needed information when it helps set or enforce pollution limits, check for violations, or run permit and other programs under the chapter. The Administrator or an authorized representative may show ID and enter places with those sources, look at and copy records, check monitoring equipment, and take samples at reasonable times. Most effluent data and related records must be public. Other business information can be kept secret if it truly reveals trade secrets, under section 1905 of title 18. An authorized representative who willfully discloses such protected information can be fined up to $1,000 or jailed up to 1 year, or both. States may use their own inspection rules if the Administrator finds them as protective as federal rules (not for federal facilities). Any authorized congressional committee can get reported or obtained information on written request.

Title 33, §1318

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Whenever required to carry out the objective of this chapter, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition, or effluent standard, pretreatment standard, or standard of performance under this chapter; (2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, or standard of performance; (3) any requirement established under this section; or (4) carrying out section 1315, 1321, 1342, 1344 (relating to State permit programs), 1345, and 1364 of this title—

(A)the Administrator shall require the owner or operator of any point source to (i) establish and maintain such records, (ii) make such reports, (iii) install, use, and maintain such monitoring equipment or methods (including where appropriate, biological monitoring methods), (iv) sample such effluents (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and (v) provide such other information as he may reasonably require; and

(B)the Administrator or his authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of his credentials—

(i)shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under clause (A) of this subsection are located, and

(ii)may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under clause (A), and sample any effluents which the owner or operator of such source is required to sample under such clause.

(b)Any records, reports, or information obtained under this section (1) shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and (2) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18. Any authorized representative of the Administrator (including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information 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.

(c)Each State may develop and submit to the Administrator procedures under State law for inspection, monitoring, and entry with respect to point sources located in such State. If the Administrator finds that the procedures and the law of any State relating to inspection, monitoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State (except with respect to point sources owned or operated by the United States).

(d)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 Congress, to such committee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–4, § 406(d)(1), substituted “1345, and 1364” for “and 1364” in cl. (4). Subsec. (a)(B). Pub. L. 100–4, § 310(a)(2), inserted “(including an authorized contractor acting as a representative of the Administrator)” after “representative”. Subsec. (b). Pub. L. 100–4, § 310(a)(1), substituted a period and “Any authorized representative of the Administrator (including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information 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.” for “, except that such record, report, 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.” Subsec. (d). Pub. L. 100–4, § 310(b), added subsec. (d). 1977—Subsec. (a)(4). Pub. L. 95–217 inserted “1344 (relating to State permit programs),” after “section 1315, 1321, 1342,” in provisions preceding subpar. (A).

§1318 Records and reports; inspections

Summary

Title 33, §1318

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata