US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC6973]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 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.
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    \1\ So in original. Probably should be ``contractual''.
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(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.

(Pub. L. 89-272, title II, Sec. 7003, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 95-609, Sec. 7(q), Nov. 8, 
1978, 92 Stat. 3083; Pub. L. 96-482, Sec. 25, Oct. 21, 1980, 94 Stat. 
2348; Pub. L. 98-616, title IV, Secs. 402, 403(a), 404, Nov. 8, 1984, 98 
Stat. 3271, 3273.)

                          Codification

    In subsec. (d), ``chapter 7 of title 5'' substituted for ``the 
Administrative Procedure Act'' on authority of Pub. L. 89-554, 
Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which 
enacted Title 5, Government Organization and Employees.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-616, Sec. 402, inserted ``past or 
present'' after ``evidence that the'', substituted ``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'' for ``to immediately 
restrain any person'', substituted ``to restrain such person from'' for 
``to stop'', substituted ``, to order such person to take such other 
action as may be necessary, or both'' for ``or to take such other action 
as may be necessary'', and inserted ``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 [sic] 
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.''
    Subsec. (c). Pub. L. 98-616, Sec. 403(a), added subsec. (c).
    Subsec. (d). Pub. L. 98-616, Sec. 404, added subsec. (d).
    1980--Pub. L. 96-482, Sec. 25, designated existing provisions as 
subsec. (a), substituted ``may present'' for ``is presenting'' and 
``such handling, storage, treatment, transportation or disposal'' for 
``the alleged disposal'' and authorized other action to be taken by the 
Administrator after notice including issuance of protective orders 
relating to public health and the environment, and added subsec. (b).
    1978--Pub. L. 95-609 struck out ``for'' after ``restrain any 
person''.

                          Transfer of Functions

    For 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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6972, 7412, 9604, 9606 of 
this title.