42 U.S.C. § 6934: Monitoring, analysis, and…

Summary

The Administrator can order a site’s owner or operator to do monitoring, testing, analysis, and reporting when hazardous waste at the site, or its release, might seriously harm people or the environment. If the site is not operating and the current owner could not reasonably be expected to know about the waste, the Administrator can order a recent past owner or operator who could reasonably be expected to know. The person ordered must send a plan for doing the work to the Administrator within 30 days. The Administrator can meet with that person, require changes to the plan, and require the person to carry out the testing and reporting as approved. If no owner or operator can do satisfactory work, or the Administrator finds the work unsatisfactory, the Administrator may do the work or let a State, local authority, or other person do it, and can order the owner or operator to pay the costs. The Administrator cannot order payment for actions that only confirm results of a prior order. The Administrator or authorized person may use the powers in section 6927. If someone refuses to obey an order, the Administrator can sue in the federal district court where that person is located, resides, or does business. The court can force compliance and may fine up to $5,000 for each day the person fails to comply.

Title 42, §6934

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

(a)Authority of Administrator (b) Previous owners and operators

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

may present a substantial hazard to human health or the environment, he may issue an order requiring the owner or operator of such facility or site to conduct such monitoring, testing, analysis, and reporting with respect to such facility or site as the Administrator deems reasonable to ascertain the nature and extent of such hazard.

(c)Proposal

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)Monitoring, etc., carried out by Administrator (e) Enforcement

(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,

and require, by order, the owner or operator referred to in subsection (a) or (b) to reimburse the Administrator or other authority or person for the costs of such activity.

(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.

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