42 U.S.C. § 6934 : US Code - Section 6934: Monitoring, analysis, and testing

Search 42 U.S.C. § 6934 : US Code - Section 6934: Monitoring, analysis, and testing

(a) Authority of Administrator
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.
(b) Previous owners and operators
In the case of any facility or site not in operation at the time
a determination is made under subsection (a) of this section 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) of this section.
(c) Proposal
An order under subsection (a) or (b) of this section 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
(1) If the Administrator determines that no owner or operator
referred to in subsection (a) or (b) of this section 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) of this section 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) of this section 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) of this section.
(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) Enforcement
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.