42 U.S.C. § 6992d : US Code - Section 6992D: Enforcement

Search 42 U.S.C. § 6992d : US Code - Section 6992D: Enforcement

(a) Compliance orders
(1) Violations
Whenever on the basis of any information the Administrator
determines that any person has violated, or is in violation of,
any requirement or prohibition in effect under this subchapter
(including any requirement or prohibition in effect under
regulations under this subchapter) (A) the Administrator may
issue an order (i) assessing a civil penalty for any past or
current violation, (ii) requiring compliance immediately or
within a specified time period, or (iii) both, or (B) 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. Any order issued pursuant to this subsection shall
state with reasonable specificity the nature of the violation.
(2) Orders assessing penalties
Any penalty assessed in an order under this subsection shall
not exceed $25,000 per day of noncompliance for each violation of
a requirement or prohibition in effect under 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.
(3) Public hearing
Any order issued under this subsection shall become final
unless, not later than 30 days after issuance of the order, the
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 subpoenas for the production of
relevant papers, books, and documents, and may promulgate rules
for discovery procedures.
(4) Violation of compliance orders
In the case of an order under this subsection requiring
compliance with any requirement of or regulation under this
subchapter, if a violator fails to take corrective action within
the time specified in an order, the Administrator may assess a
civil penalty of not more than $25,000 for each day of continued
noncompliance with the order.
(b) Criminal penalties
Any person who -
(1) knowingly violates the requirements of or regulations under
this subchapter;
(2) knowingly omits material information or makes any false
material statement or representation in any label, record,
report, or other document filed, maintained, or used for purposes
of compliance with this subchapter or regulations thereunder; or
(3) knowingly generates, stores, treats, transports, disposes
of, or otherwise handles any medical waste (whether such activity
took place before or takes place after November 1, 1988) and who
knowingly destroys, alters, conceals, or fails to file any
record, report, or other document required to be maintained or
filed for purposes of compliance with this subchapter or
regulations thereunder
shall, upon conviction, be subject to a fine of not more than
$50,000 for each day of violation, or imprisonment not to exceed 2
years (5 years in the case of a violation of paragraph (1)). 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.
(c) Knowing endangerment
Any person who knowingly violates any provision of subsection (b)
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 15 years, or both. A
defendant that is an organization shall, upon conviction under this
subsection, be subject to a fine of not more than $1,000,000. The
terms of this paragraph shall be interpreted in accordance with the
rules provided under section 6928(f) of this title.
(d) Civil penalties
Any person who violates any requirement of or regulation under
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 section,
constitute a separate violation.
(e) Civil penalty policy
Civil penalties assessed by the United States or by the States
under this subchapter shall be assessed in accordance with the
Administrator's "RCRA Civil Penalty Policy", as such policy may be
amended from time to time.