42 U.S.C. § 6973 : US Code - Section 6973: Imminent hazard

Search 42 U.S.C. § 6973 : US Code - Section 6973: Imminent hazard

(a) Authority of Administrator
Notwithstanding any other provision of this chapter, upon receipt
of evidence that the past or present handling, storage, treatment,
transportation or disposal of any solid waste or hazardous waste
may present an imminent and substantial endangerment to health or
the environment, the Administrator may bring suit on behalf of the
United States in the appropriate district court against any person
(including any past or present generator, past or present
transporter, or past or present owner or operator of a treatment,
storage, or disposal facility) who has contributed or who is
contributing to such handling, storage, treatment, transportation
or disposal to restrain such person from such handling, storage,
treatment, transportation, or disposal, to order such person to
take such other action as may be necessary, or both. A transporter
shall not be deemed to have contributed or to be contributing to
such handling, storage, treatment, or disposal taking place after
such solid waste or hazardous waste has left the possession or
control of such transporter if the transportation of such waste was
under a sole contractural (!1) arrangement arising from a published
tariff and acceptance for carriage by common carrier by rail and
such transporter has exercised due care in the past or present
handling, storage, treatment, transportation and disposal of such
waste. The Administrator shall provide notice to the affected State
of any such suit. The Administrator may also, after notice to the
affected State, take other action under this section including, but
not limited to, issuing such orders as may be necessary to protect
public health and the environment.
(b) Violations
Any person who willfully violates, or fails or refuses to comply
with, any order of the Administrator under subsection (a) of this
section may, in an action brought in the appropriate United States
district court to enforce such order, be fined not more than $5,000
for each day in which such violation occurs or such failure to
comply continues.
(c) Immediate notice
Upon receipt of information that there is hazardous waste at any
site which has presented an imminent and substantial endangerment
to human health or the environment, the Administrator shall provide
immediate notice to the appropriate local government agencies. In
addition, the Administrator shall require notice of such
endangerment to be promptly posted at the site where the waste is
located.
(d) Public participation in settlements
Whenever the United States or the Administrator proposes to
covenant not to sue or to forbear from suit or to settle any claim
arising under this section, notice, and opportunity for a public
meeting in the affected area, and a reasonable opportunity to
comment on the proposed settlement prior to its final entry shall
be afforded to the public. The decision of the United States or the
Administrator to enter into or not to enter into such Consent
Decree, covenant or agreement shall not constitute a final agency
action subject to judicial review under this chapter or chapter 7
of title 5.