42 U.S.C. § 6927
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-
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.
A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe.
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). 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.
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).
42 U.S.C. § 6927
EDITORIAL NOTES
AMENDMENTS1992-Subsec. (c). Pub. L. 102-386 in first sentence substituted "The Administrator shall undertake" for "Beginning twelve months after November 8, 1984, the Administrator shall, or in the case of a State with an authorized hazardous waste program the State may, undertake" and "department, agency, or instrumentality of the United States" for "Federal agency", inserted after first sentence "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.", and inserted at end "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." 1984-Subsec. (b)(1). Pub. L. 98-616, §502(a), modified directory language for amendment by sec. 12(b)(4) of Pub. L. 96-482. Subsec. (c). Pub. L. 98-616, §229, added subsec. (c). Subsec. (d). Pub. L. 98-616, §230, added subsec. (d). Subsec. (e). Pub. L. 98-616, §231, added subsec. (e). 1980-Subsec. (a). Pub. L. 96-482, §12(a), substituted "chapter" for "subchapter", "any officer, employee or representative" for "any officer or employee", "duly designated officer, employee or representative" for "duly designated officer employee", "such officers, employees or representatives" for "such officers or employees", "furnish information relating to such wastes and permit" for "furnish or permit", and "officer, employee or representative obtains" for "officer or employee obtains", struck out "maintained by any person" after "establishment or other place", substituted "officer, employee or representative obtains" for "officer or employee obtains", and inserted "or has handled" after "otherwise handles" and "or have been" after "where hazardous wastes are". Subsec. (b)(1). Pub. L. 96-482, §12(b)(1)-(3), designated existing provisions as par. (1), inserted "or any officer, employee or representative thereof" before "has access under this section" and substituted "such information or particular portion thereof shall be considered" for "the Administrator (or the State, as the case may be) shall consider such information or portion thereof". Pub. L. 96-482, §12(b)(4), as modified by Pub. L. 98-616, §502(a), inserted "(including records, reports, or information obtained by representatives of the Environmental Protection Agency)" after "information". Subsec. (b)(2) to (4). Pub. L. 96-482, §12(b)(3), added pars. (2) to (4).1978-Subsec. (a)(1). Pub. L. 95-609 substituted "disposed of, or transported from" for "or disposed of".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSFor transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
- Administrator
- The term "Administrator" means the Administrator of the Environmental Protection Agency.
- Federal agency
- The term "Federal agency" means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Publishing Office.
- Federal facility
- The term "Federal facility" means any building that is constructed, renovated, leased, or purchased in part or in whole for use by the Federal Government.
- State
- The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
- disposal
- The term "disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
- hazardous waste
- The term "hazardous waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may-(A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
- owner
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- person
- The term "person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and shall include each department, agency, and instrumentality of the United States.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,