§6934 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The EPA Administrator can order testing, monitoring, analysis, and reporting when there is information that hazardous waste is present at, or has been released from, a site where waste was stored, treated, or disposed. If the site is not operating and the current owner could not reasonably be expected to know about the waste, the Administrator may order the last owner or operator who could reasonably have known to do the work. The person ordered must give the Administrator a plan for doing the testing, monitoring, analysis, and reporting within 30 days. The EPA can meet with that person and require the work be done as in the plan, with reasonable changes. If no owner or operator can do the work, or the EPA finds the work unsatisfactory, the EPA may do the testing itself or allow a state, local agency, or other person to do it. No one can be ordered to repay costs for EPA actions that only confirm the results of an earlier order. The EPA may use the powers in section 6927 to carry out this work. If a person refuses to follow an order, the EPA can sue in the federal district court where the person lives, is located, or does business. The court can force compliance and fine up to $5,000 for each day the person refuses.

Title 42, §6934

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If the Administrator determines, upon receipt of any information, that—

(1)the presence of any hazardous waste at a facility or site at which hazardous waste is, or has been, stored, treated, or disposed of, or

(2)the release of any such waste from such facility or site

(b)In the case of any facility or site not in operation at the time a determination is made under subsection (a) with respect to the facility or site, if the Administrator finds that the owner of such facility or site could not reasonably be expected to have actual knowledge of the presence of hazardous waste at such facility or site and of its potential for release, he may issue an order requiring the most recent previous owner or operator of such facility or site who could reasonably be expected to have such actual knowledge to carry out the actions referred to in subsection (a).

(c)An order under subsection (a) or (b) shall require the person to whom such order is issued to submit to the Administrator within 30 days from the issuance of such order a proposal for carrying out the required monitoring, testing, analysis, and reporting. The Administrator may, after providing such person with an opportunity to confer with the Administrator respecting such proposal, require such person to carry out such monitoring, testing, analysis, and reporting in accordance with such proposal, and such modifications in such proposal as the Administrator deems reasonable to ascertain the nature and extent of the hazard.

(d)(1)If the Administrator determines that no owner or operator referred to in subsection (a) or (b) is able to conduct monitoring, testing, analysis, or reporting satisfactory to the Administrator, if the Administrator deems any such action carried out by an owner or operator to be unsatisfactory, or if the Administrator cannot initially determine that there is an owner or operator referred to in subsection (a) or (b) who is able to conduct such monitoring, testing, analysis, or reporting, he may—

(A)conduct monitoring, testing, or analysis (or any combination thereof) which he deems reasonable to ascertain the nature and extent of the hazard associated with the site concerned, or

(B)authorize a State or local authority or other person to carry out any such action,

(2)No order may be issued under this subsection requiring reimbursement of the costs of any action carried out by the Administrator which confirms the results of an order issued under subsection (a) or (b).

(3)For purposes of carrying out this subsection, the Administrator or any authority or other person authorized under paragraph (1), may exercise the authorities set forth in section 6927 of this title.

(e)The Administrator may commence a civil action against any person who fails or refuses to comply with any order issued under this section. Such action shall be brought in the United States district court in which the defendant is located, resides, or is doing business. Such court shall have jurisdiction to require compliance with such order and to assess a civil penalty of not to exceed $5,000 for each day during which such failure or refusal occurs.

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

For transfer of certain

Enforcement

functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

§6934 Monitoring, analysis, and testing