§ 6927. Inspections

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Pub. L. 89–272 title II § 3007 · 79 Stat. 992

   Enacted · 42 U.S.C. § 6927

   Pub. L. 89–272, title II, § 3007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2810

   Source evidence

   Code source credit
   Pub. L. 89–272, title II, § 3007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2810

2. 1978

   Pub. L. 95–609 § 7(j) · 92 Stat. 3079

   Substituted · 42 U.S.C. § 6927(a)(1)

   Pub. L. 95–609 substituted “disposed of, or transported from” for “or disposed of”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 95–609 substituted “disposed of, or transported from” for “or disposed of”.

   Enacted provision · exact public law section
   (j) Section 3007(a) (1) of the Solid Waste Disposal Act is amended by striking out “or disposed of” and inserting in lieu thereof “disposed of, or transported from”.

3. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 12(a) · 94 Stat. 2334

   1. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “chapter” for “subchapter”

   2. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “any officer, employee or representative” for “any officer or employee”

   3. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “duly designated officer, employee or representative” for “duly designated officer employee”

   4. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “such officers, employees or representatives” for “such officers or employees”

   5. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “furnish information relating to such wastes and permit” for “furnish or permit”

   6. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “officer, employee or representative obtains” for “officer or employee obtains”

   7. Struck · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), struck out “maintained by any person” after “establishment or other place”

   8. Substituted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), substituted “officer, employee or representative obtains” for “officer or employee obtains”

   9. Inserted · 42 U.S.C. § 6927(a)

      Pub. L. 96–482, § 12(a), inserted “or has handled” after “otherwise handles” and “or have been” after “where hazardous wastes are”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) Section 3007(a) of the Solid Waste Disposal Act is 42 USC 6927. amended as follows: (1) by striking “subtitle” and inserting in lieu thereof “title”; (2) by striking “maintained by any person” after “establishment or other place”; (3) by inserting “or has handled” after “otherwise handles”; (4) by striking “any officer or employee” and inserting in lieu thereof “any officer, employee or representative”; (5) by striking “duly designated officer employee” and inserting in lieu thereof “duly designated officer, employee or representative”; (6) by striking “furnish or permit” and inserting in lieu thereof “furnish information relating to such wastes and permit”; (7) by striking out “such officers or employees” and inserting in lieu thereof “such officers, employees or representatives”; (8) by inserting “or have been” after “where hazardous wastes are”; and (9) by striking “officer or employee obtains” and inserting in lieu thereof “officer, employee or representative obtains”.

4. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 12(b)(1) · 94 Stat. 2334

   1. Amended · 42 U.S.C. § 6927(b)(1)

      Pub. L. 96–482, § 12(b)(1)–(3), designated existing provisions as par. (1)

   2. Inserted · 42 U.S.C. § 6927(b)(1)

      Pub. L. 96–482, § 12(b)(1)–(3), inserted “or any officer, employee or representative thereof” before “has access under this section”

   3. Substituted · 42 U.S.C. § 6927(b)(1)

      Pub. L. 96–482, § 12(b)(1)–(3), 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) by inserting “or any officer, employee or representative thereof” before “has access under this section”;

5. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 12(b)(4) · 94 Stat. 2334

   Inserted · 42 U.S.C. § 6927(b)(1)

   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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (4) by inserting “(including records, reports, or information obtained by representatives of the Environmental Protection Agency)”.

6. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 12(b)(3) · 94 Stat. 2334

   Added · 42 U.S.C. § 6927(b)(2)(4)

   Pub. L. 96–482, § 12(b)(3), added pars. (2) to (4)

   Source evidence

   Code amendment note
   Subsec. (b)(2) to (4). Pub. L. 96–482, § 12(b)(3), added pars. (2) to (4).

   Enacted provision · exact public law section
   (3) by inserting “(1)” before “Any records” and adding at the end thereof the following new paragraphs: “(2) Any person not subject to the provisions of section 1905 of title Information disclosure, penalty. 18 of the United States Code who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both. “(3) In submitting data under this Act, a person required to provide Data submittal. such data may— “(A) designate the data which such person believes is entitled to protection under this subsection, and “(B) submit such designated data separately from other data submitted under this Act. A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe. “(4) Notwithstanding any limitation contained in this section or Availability to congressional committees. any other provision of law, all information reported to, or otherwise obtained by, the Administrator (or any representative of the Administrator) under this Act shall be made available, upon written request of any duly authorized committee of the Congress, to such committee.”; and

7. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 502(a) · 98 Stat. 3221

   Changed · 42 U.S.C. § 6927(b)(1)

   Pub. L. 98–616, § 502(a), modified directory language for amendment by sec. 12(b)(4) of Pub. L. 96–482

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–616, § 502(a), modified directory language for amendment by sec. 12(b)(4) of Pub. L. 96–482.

   Enacted provision · exact public law section
   (a) Section 3007(b) of the Solid Waste Disposal Act is amended by inserting the following after the word “information”: “(including records, reports, or information obtained by representatives of the Environmental Protection Agency)”.

8. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 229 · 98 Stat. 3221

   Added · 42 U.S.C. § 6927(c)

   Pub. L. 98–616, § 229, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–616, § 229, added subsec. (c).

   Enacted provision · exact public law section
   Sec. 229. federal facilities Section 3007 of the Solid Waste Disposal Act is amended Public availability. 42 USC 6927. by adding the following new subsection after subsection (b) thereof: “(c) Federal Facility Inspections.— Beginning twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall, or in the case of a State with an authorized hazardous waste program the State may, 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 Federal agency to enforce its compliance with this subtitle and the regulations promulgated thereunder. The records of such inspections shall be available to the public as provided in subsection (b).”.

9. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 230 · 98 Stat. 3221

   Added · 42 U.S.C. § 6927(d)

   Pub. L. 98–616, § 230, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–616, § 230, added subsec. (d).

   Enacted provision · exact public law section
   Sec. 230. state-operated facilities Section 3007 of the Solid Waste Disposal Act is amended Supra. 42 USC 6927. by adding the following new subsection after subsection (c): “(d) State–Operated Facilities.— 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 3005 of this title. The records of such inspection shall be Public availability. 42 USC 6925. available to the public as provided in subsection (b).”.

10. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 231 · 98 Stat. 3221

    Added · 42 U.S.C. § 6927(e)

    Pub. L. 98–616, § 231, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 98–616, § 231, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 231. mandatory inspections Section 3007 of the Solid Waste Disposal Act is amended by inserting the following new subsection after subsection (d) thereof: “(e) Mandatory Inspections.— (1) The Administrator (or the State in the case of a State having an authorized hazardous waste program under this subtitle) shall commence a program to thoroughly inspect every facility for the treatment, storage, or disposal of hazardous waste for which a permit is required under section 42 USC 6925. 3005 no less often than every two years as to its compliance with this subtitle (and the regulations promulgated under this subtitle). Such inspections shall commence not later than twelve months after the date of enactment of the Hazardous and Solid Waste Amendments Regulations. of 1984. The Administrator shall, after notice and opportunity for public comment, promulgate regulations governing the minimum frequency and manner of such inspections, including the manner in which records of such inspections shall be maintained and the manner in which reports of such inspections shall be filed. The Administrator may distinguish between classes and categories of facilities commensurate with the risks posed by each class or category. “(2) Not later than six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit to the Congress a report on the potential for inspections of hazardous waste treatment, storage, or disposal facilities by nongovernmental inspectors as a supplement to inspections conducted by officers, employees, or representatives of the Environmental Protection Agency or States having authorized hazardous waste programs or operating under a cooperative agreement with the Administrator. Such report shall be prepared in cooperation with the States, insurance companies offering environmental impairment insurance, independent companies providing inspection services, and other such groups as appropriate. Such report shall contain recommendations on provisions and requirements for a program of private inspections to supplement governmental inspections.”.

11. 1992

    Federal Facility Compliance Act of 1992

    Pub. L. 102–386 title I § 104 · 106 Stat. 1505

    1. Substituted · 42 U.S.C. § 6927(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”

    2. Substituted · 42 U.S.C. § 6927(c)

       Pub. L. 102–386 in first sentence substituted “department, agency, or instrumentality of the United States” for “Federal agency”

    3. Inserted · 42 U.S.C. § 6927(c)

       Pub. L. 102–386 in first sentence 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.”

    4. Inserted · 42 U.S.C. § 6927(c)

       Pub. L. 102–386 in first sentence 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 104. FACILITY ENVIRONMENTAL ASSESSMENTS. Section 3007(c) of the Solid Waste Disposal Act (42 U.S.C. 6927(c)) is amended as follows: (1) The first sentence is amended by striking out “Beginning” and all that follows through “undertake” and inserting in lieu thereof “The Administrator shall undertake”. (2) The first sentence is further amended by striking out “Federal agency” and inserting in lieu thereof “department, agency, or instrumentality of the United States”. (3) The section is further amended by inserting after the first sentence the following new 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.”. (4) The section is further amended by adding at the end the following: “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 the date of the enactment of the Federal Facility Compliance Act of 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 such date of enactment.”.

23 of 24 references resolved to an enrolled provision · 1 partial