42 U.S.C. § 6928 : US Code - Section 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),
    (3), (4), (5), (6), or (7) of subsection (d) of this section who
    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;
          (B) unconsciousness;
          (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.