42 U.S.C. § 6927 : US Code - Section 6927: Inspections

Search 42 U.S.C. § 6927 : US Code - Section 6927: Inspections

(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) of this section. 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) of this section.
(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.