§ 6928. Federal enforcement

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 § 3008 · 79 Stat. 992

   Enacted · 42 U.S.C. § 6928

   Pub. L. 89–272, title II, § 3008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2811

   Source evidence

   Code source credit
   Pub. L. 89–272, title II, § 3008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2811

2. 1978

   Pub. L. 95–609 § 7(k)(1) · 92 Stat. 3079

   Inserted · 42 U.S.C. § 6928(d)(1)

   Pub. L. 95–609, § 7(k)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 95–609, § 7(k)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act.

   Enacted provision · exact public law section
   (1) revising subsection (d) (1) to read as follows: “(1) transports any hazardous waste identified or listed under this subtitle to a facility which does not have a permit under section 3005 (or 3006 in the case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act 186 Stat. 1052),”; and

3. 1978

   Pub. L. 95–609 § 7(k)(2) · 92 Stat. 3079

   Inserted · 42 U.S.C. § 6928(d)(2)

   Pub. L. 95–609, § 7(k)(2), inserted provisions relating to treatment or storage of hazardous wastes and relating to title I of the Marine Protection, Research, and Sanctuaries Act

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 95–609, § 7(k)(2), inserted provisions relating to treatment or storage of hazardous wastes and relating to title I of the Marine Protection, Research, and Sanctuaries Act.

   Enacted provision · exact public law section
   (2) revising subsect ion (d) (2) to read as follows: “(2) treats, stores, or disposes of any hazardous waste identified or listed under this subtitle without having obtained a permit under section 3005 (or 3006 in the. case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).”

4. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 13(1) · 94 Stat. 2334

   1. Struck · 42 U.S.C. § 6928(a)(1)

      Pub. L. 96–482, § 13(1), (2), struck out “the Administrator shall give notice to the violator of his failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Administrator’s notification” before “the Administrator may issue”

   2. Substituted · 42 U.S.C. § 6928(a)(1)

      Pub. L. 96–482, § 13(1), (2), substituted “compliance immediately or within a specified time period” for “compliance within a specified time period”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 96–482, § 13(1), (2), struck out “the Administrator shall give notice to the violator of his failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Administrator’s notification” before “the Administrator may issue” and substituted “compliance immediately or within a specified time period” for “compliance within a specified time period”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “the Administrator shall give notice to the violator of his failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Administrator’s notification,” and by inserting “immediately or” after “compliance”;

5. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 13(2) · 94 Stat. 2334

   Struck · 42 U.S.C. § 6928(a)(2)

   Pub. L. 96–482, § 13(2), struck out “thirty days” after “violation has occurred”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 96–482, § 13(2), struck out “thirty days” after “violation has occurred”.

   Enacted provision · exact public law section
   (2) in subsection (a)(2), by striking “thirty days”;

6. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 13(3) · 94 Stat. 2334

   Substituted · 42 U.S.C. § 6928(b)

   Pub. L. 96–482, § 13(3), substituted “order shall become final unless, no later than thirty days after the order is served” for “order or any suspension or revocation of a permit shall become final unless, no later than thirty days after the order or notice of the suspension or revocation is served”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–482, § 13(3), substituted “order shall become final unless, no later than thirty days after the order is served” for “order or any suspension or revocation of a permit shall become final unless, no later than thirty days after the order or notice of the suspension or revocation is served”.

   Enacted provision · exact public law section
   (3) in subsection (b), by striking “or any suspension or revocation of a permit” and “or notice of the suspension or revocation”;

7. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 13(4) · 94 Stat. 2334

   Changed · 42 U.S.C. § 6928(c)

   Pub. L. 96–482, § 13(4), authorized orders for suspension or revocation of permits

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–482, § 13(4), authorized orders for suspension or revocation of permits.

   Enacted provision · exact public law section
   (4) in subsection (c), by inserting “may include a suspension or revocation of a permit issued under this subtitle, and” after “Any order issued under this section”; and

8. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 13(5) · 94 Stat. 2334

   1. Amended · 42 U.S.C. § 6928(d)

      Pub. L. 96–482, § 13(5), in par. (2), designated existing provisions as subpar. (A)

   2. Added · 42 U.S.C. § 6928(d)

      Pub. L. 96–482, § 13(5), in par. (2), added subpar. (B), in par. (3)

   3. Inserted · 42 U.S.C. § 6928(d)

      Pub. L. 96–482, § 13(5), in par. (2), inserted provision requiring the statement or representation to be material

   4. Added · 42 U.S.C. § 6928(d)

      Pub. L. 96–482, § 13(5), in par. (2), added par. (4), and in provisions following par. (4)

   5. Inserted · 42 U.S.C. § 6928(d)

      Pub. L. 96–482, § 13(5), in par. (2), inserted provision authorizing a fine of $50,000 and a two year imprisonment for violation of par. (1) or (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–482, § 13(5), in par. (2), designated existing provisions as subpar. (A) and added subpar. (B), in par. (3), inserted provision requiring the statement or representation to be material, added par. (4), and in provisions following par. (4), inserted provision authorizing a fine of $50,000 and a two year imprisonment for violation of par. (1) or (2).

   Enacted provision · exact public law section
   (5) by striking out subsection (d) and substituting: “(d) Criminal Penalties.— Any person who— “(1) knowingly transports any hazardous waste identified or listed under this subtitle to a facility which does not have a 42 USC 6925, 6926. 33 USC 1411. permit under section 3005 (or 3006 in case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052), “(2) knowingly treats, stores, or disposes of any hazardous waste identified or listed under this subtitle either— “(A) without having obtained a permit under section 3005 (or 3006 in the case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052); or “(B) in knowing violation of any material condition or requirement of such permit; “(3) knowingly makes any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of compliance with this subtitle; or “(4) knowingly generates, stores, treats, transports, disposes of, or otherwise handles any hazardous waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters, or conceals any record required to be maintained under regulations promulgated by the Administrator under this subtitle shall, upon conviction, be subject to a fine of not more than $25,000 ($50,000 in the case of a violation of paragraph (1) or (2)) for each day of violation, or to imprisonment not to exceed one year (two years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. “(e) Knowing Endangerment.— Any person who knowingly transports, treats, stores, or disposes of any hazardous waste identified or listed under this subtitle— “(1) (A) in violation of paragraphs (1) or (2) of subsection (d) of this section, or “(B) having applied for a permit under section 3005 or 3006, and knowingly either— “(i) has failed to include in his application material information required under regulations promulgated by the Administrator, or “(ii) fails to comply with the applicable interim status regulations and standards promulgated pursuant to this subtitle, who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, and “(2) (A) if his conduct in the circumstances manifests an unjustified and inexcusable disregard for human life, or “(B) if his conduct in the circumstances manifests an extreme indifference for human life. shall, upon conviction, be subject to a fine of not more than $250,000 Penalties. or imprisonment for not more than 2 years, or both, except that any person who violates subsection (e)(2)(B) shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment for not more than 5 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000. “(f) Special Rules.— For the purposes of subsection (e)— “(1) A person’s state of mind is knowing with respect to— “(A) his conduct, if he is aware of the nature of his conduct; “(B) an existing circumstance, if he is aware or believes that the circumstance exists; or “(C) a result of his conduct, if he is aware or believes that his conduct is substantially certain to cause danger of death or serious bodily injury. “(2) In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury— “(A) the person is responsible only for actual awareness or actual belief that he possessed; and “(B) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant; Provided, That in proving the defendant’s possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information. “(3) It is an affirmative defense to a prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of— “(A) an occupation, a business, or a profession; or “(B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent. The defendant may establish an affirmative defense under this subsection by a preponderance of the evidence. “(4) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under subsection (e) and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience. “(5) The term ‘organization’ means a legal entity, other than a “Organization.” government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. “(6) The term ‘serious bodily injury’ means— “Serious bodily injury.” “(A) bodily injury which involves a substantial risk of death; “(B) unconsciousness; “(C) extreme physical pain; “(D) protracted and obvious disfigurement; or “(E) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. “(g) Civil Penalty.— Any person who violates any requirement of this subtitle 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 subsection, constitute a separate violation.”.

9. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 13(5) · 94 Stat. 2334

   Added · 42 U.S.C. § 6928(e)(g)

   Pub. L. 96–482, § 13(5), added subsecs. (e) to (g)

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 96–482, § 13(5), added subsecs. (e) to (g).

   Enacted provision · exact public law section
   (5) by striking out subsection (d) and substituting: “(d) Criminal Penalties.— Any person who— “(1) knowingly transports any hazardous waste identified or listed under this subtitle to a facility which does not have a 42 USC 6925, 6926. 33 USC 1411. permit under section 3005 (or 3006 in case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052), “(2) knowingly treats, stores, or disposes of any hazardous waste identified or listed under this subtitle either— “(A) without having obtained a permit under section 3005 (or 3006 in the case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052); or “(B) in knowing violation of any material condition or requirement of such permit; “(3) knowingly makes any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of compliance with this subtitle; or “(4) knowingly generates, stores, treats, transports, disposes of, or otherwise handles any hazardous waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters, or conceals any record required to be maintained under regulations promulgated by the Administrator under this subtitle shall, upon conviction, be subject to a fine of not more than $25,000 ($50,000 in the case of a violation of paragraph (1) or (2)) for each day of violation, or to imprisonment not to exceed one year (two years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. “(e) Knowing Endangerment.— Any person who knowingly transports, treats, stores, or disposes of any hazardous waste identified or listed under this subtitle— “(1) (A) in violation of paragraphs (1) or (2) of subsection (d) of this section, or “(B) having applied for a permit under section 3005 or 3006, and knowingly either— “(i) has failed to include in his application material information required under regulations promulgated by the Administrator, or “(ii) fails to comply with the applicable interim status regulations and standards promulgated pursuant to this subtitle, who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, and “(2) (A) if his conduct in the circumstances manifests an unjustified and inexcusable disregard for human life, or “(B) if his conduct in the circumstances manifests an extreme indifference for human life. shall, upon conviction, be subject to a fine of not more than $250,000 Penalties. or imprisonment for not more than 2 years, or both, except that any person who violates subsection (e)(2)(B) shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment for not more than 5 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000. “(f) Special Rules.— For the purposes of subsection (e)— “(1) A person’s state of mind is knowing with respect to— “(A) his conduct, if he is aware of the nature of his conduct; “(B) an existing circumstance, if he is aware or believes that the circumstance exists; or “(C) a result of his conduct, if he is aware or believes that his conduct is substantially certain to cause danger of death or serious bodily injury. “(2) In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury— “(A) the person is responsible only for actual awareness or actual belief that he possessed; and “(B) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant; Provided, That in proving the defendant’s possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information. “(3) It is an affirmative defense to a prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of— “(A) an occupation, a business, or a profession; or “(B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent. The defendant may establish an affirmative defense under this subsection by a preponderance of the evidence. “(4) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under subsection (e) and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience. “(5) The term ‘organization’ means a legal entity, other than a “Organization.” government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. “(6) The term ‘serious bodily injury’ means— “Serious bodily injury.” “(A) bodily injury which involves a substantial risk of death; “(B) unconsciousness; “(C) extreme physical pain; “(D) protracted and obvious disfigurement; or “(E) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. “(g) Civil Penalty.— Any person who violates any requirement of this subtitle 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 subsection, constitute a separate violation.”.

10. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 403(d)(1) · 98 Stat. 3221

    Changed · 42 U.S.C. § 6928(a)(1)

    Pub. L. 98–616, § 403(d)(1), in amending par. (1) generally, expanded authority of Administrator by empowering him to determine that a person “has violated” a requirement of this subchapter, and to assess a civil penalty for a past or current violation

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 98–616, § 403(d)(1), in amending par. (1) generally, expanded authority of Administrator by empowering him to determine that a person “has violated” a requirement of this subchapter, and to assess a civil penalty for a past or current violation.

    Enacted provision · exact public law section
    (1) Section 3008(a)(1) of the Solid Waste Disposal Act is amended to read as follows: “(1) Except as provided in paragraph (2), whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this subtitle, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or 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.”.

11. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 403(d)(2) · 98 Stat. 3221

    1. Changed · 42 U.S.C. § 6928(a)(3)

       Pub. L. 98–616, § 403(d)(2), in amending par. (3) generally

    2. Substituted · 42 U.S.C. § 6928(a)(3)

       Pub. L. 98–616, § 403(d)(2), in substituted provision that any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subchapter and shall state with reasonable specificity the nature of the violation, and provision that any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of this subchapter, and that in assessing such a penalty, the Administrator take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements, for provision that if such violator fails to take corrective action within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Administrator may suspend or revoke any permit issued to the violator, whether issued by the Administrator or the State

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 98–616, § 403(d)(2), in amending par. (3) generally, substituted provision that any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subchapter and shall state with reasonable specificity the nature of the violation, and provision that any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of this subchapter, and that in assessing such a penalty, the Administrator take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements, for provision that if such violator fails to take corrective action within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Administrator may suspend or revoke any permit issued to the violator, whether issued by the Administrator or the State.

    Enacted provision · exact public law section
    (2) Section 3008(a)(3) of such Act is amended to read as follows: “(3) Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subtitle and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of this subtitle. 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.”.

12. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 233(b) · 98 Stat. 3221

    Inserted · 42 U.S.C. § 6928(b)

    Pub. L. 98–616, § 233(b), inserted “issued under this section”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–616, § 233(b), inserted “issued under this section”.

    Enacted provision · exact public law section
    (b) Subsection (b) of section 3008 of the Solid Waste Disposal Act is amended by inserting “issued under this section” immediately after “Any order”.

13. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 403(d)(3) · 98 Stat. 3221

    Substituted · 42 U.S.C. § 6928(c)

    Pub. L. 98–616, § 403(d)(3), substituted provisions relating to penalties for violation of compliance orders for former provisions which set forth requirements for compliance orders

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–616, § 403(d)(3), substituted provisions relating to penalties for violation of compliance orders for former provisions which set forth requirements for compliance orders.

    Enacted provision · exact public law section
    (3) Section 3008(c) of such Act is amended to read as follows: “(c) Violation of Compliance Orders.— If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order and the Administrator may suspend or revoke any permit issued to the violator (whether issued by the Administrator or the State).”.

14. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(a)(3) · 98 Stat. 3221

    Amended · 42 U.S.C. § 6928(d)

    Pub. L. 98–616, § 232(a)(3), amended closing provisions generally. Prior to amendment, closing provisions read as follows: “shall, upon conviction, be subject to a fine of not more than $25,000 ($50,000 in the case of a violation of paragraph (1) or (2)) for each day of violation, or to imprisonment not to exceed one year (two years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–616, § 232(a)(3), amended closing provisions generally. Prior to amendment, closing provisions read as follows: “shall, upon conviction, be subject to a fine of not more than $25,000 ($50,000 in the case of a violation of paragraph (1) or (2)) for each day of violation, or to imprisonment not to exceed one year (two years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.”

    Enacted provision · exact public law section
    (3) strike out all after paragraph (2) and substitute: “(3) knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subtitle; “(4) knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subtitle; “(5) knowingly transports without a manifest, or causes to be transported without a manifest, any hazardous waste required by regulations promulgated under this subtitle (or by a State in the case of a State program authorized under this subtitle) to be accompanied by a manifest; shall, upon conviction, be subject to a fine of not more than $50,000 Penalties. for each day of violation, or imprisonment not to exceed two years (five years in the case of a violation of paragraph (1) or (2)), or both. 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.”.

15. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(a)(1) · 98 Stat. 3221

    1. Inserted · 42 U.S.C. § 6928(d)(1)

       Pub. L. 98–616, § 232(a)(1), inserted “or causes to be transported”

    2. Substituted · 42 U.S.C. § 6928(d)(1)

       Pub. L. 98–616, § 232(a)(1), substituted “this subchapter” for “section 6925 of this title (or section 6926 of this title in case of a State program)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 98–616, § 232(a)(1), inserted “or causes to be transported” and substituted “this subchapter” for “section 6925 of this title (or section 6926 of this title in case of a State program)”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) insert after “knowingly transports” the following: “or causes to be transported”, and (B) strike out “section 3005 (or 3006 in case of a State program)” and substitute “this subtitle”;

16. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(a)(2)(A) · 98 Stat. 3221

    Struck · 42 U.S.C. § 6928(d)(2)

    Pub. L. 98–616, § 232(a)(2)(A), struck out “either” after “subchapter” in provision preceding subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 98–616, § 232(a)(2)(A), struck out “either” after “subchapter” in provision preceding subpar. (A).

    Enacted provision · exact public law section
    (A) strike out “either”;

17. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(a)(2)(B) · 98 Stat. 3221

    1. Substituted · 42 U.S.C. § 6928(d)(2)(A)

       Pub. L. 98–616, § 232(a)(2)(B), (c), substituted “this subchapter” for “section 6925 of this title (or section 6926 of this title in the case of a State program)”

    2. Struck · 42 U.S.C. § 6928(d)(2)(A)

       Pub. L. 98–616, § 232(a)(2)(B), (c), struck out “having obtained” before “a permit under”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 98–616, § 232(a)(2)(B), (c), substituted “this subchapter” for “section 6925 of this title (or section 6926 of this title in the case of a State program)” and struck out “having obtained” before “a permit under”.

    Enacted provision · exact public law section
    (B) strike out “section 3005 (or 3006 in the case of a State program)” and substitute “this subtitle”; and

18. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(a)(2)(C) · 98 Stat. 3221

    Added · 42 U.S.C. § 6928(d)(2)(C)

    Pub. L. 98–616, § 232(a)(2)(C), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C). Pub. L. 98–616, § 232(a)(2)(C), added subpar. (C).

    Enacted provision · exact public law section
    (C) strike out subparagraph (B) and substitute: “(B) in knowing violation of any material condition or requirement of such permit; or “(C) in knowing violation of any material condition or requirement of any applicable interim status regulations or standards;”; and

19. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(a)(3) · 98 Stat. 3221

    1. Changed · 42 U.S.C. § 6928(d)(3)(5)

       Pub. L. 98–616, § 232(a)(3), in amending pars. (3) and (4) generally, expanded par. (3) by providing criminal penalties for one who knowingly omits material information from documents required to be filed, maintained or used under this subchapter, expanded par. (4) by providing criminal penalties for one who knowingly fails to file required material under this subchapter

    2. Added · 42 U.S.C. § 6928(d)(3)(5)

       Pub. L. 98–616, § 232(a)(3), in added par. (5)

    Source evidence

    Code amendment note
    Subsec. (d)(3) to (5). Pub. L. 98–616, § 232(a)(3), in amending pars. (3) and (4) generally, expanded par. (3) by providing criminal penalties for one who knowingly omits material information from documents required to be filed, maintained or used under this subchapter, expanded par. (4) by providing criminal penalties for one who knowingly fails to file required material under this subchapter, and added par. (5).

    Enacted provision · exact public law section
    (3) strike out all after paragraph (2) and substitute: “(3) knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subtitle; “(4) knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subtitle; “(5) knowingly transports without a manifest, or causes to be transported without a manifest, any hazardous waste required by regulations promulgated under this subtitle (or by a State in the case of a State program authorized under this subtitle) to be accompanied by a manifest; shall, upon conviction, be subject to a fine of not more than $50,000 Penalties. for each day of violation, or imprisonment not to exceed two years (five years in the case of a violation of paragraph (1) or (2)), or both. 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.”.

20. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 245(c) · 98 Stat. 3221

    Added · 42 U.S.C. § 6928(d)(6)

    Pub. L. 98–616, § 245(c), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 98–616, § 245(c), added par. (6).

    Enacted provision · exact public law section
    (c) Section 3008(d) of the Solid Waste Disposal Act, as amended by section 232 of this Act, is amended by adding after paragraph (5) or” and the following new paragraph: “(6) knowingly exports a hazardous waste identified or listed under this subtitle (A) without the consent of the receiving country or, (B) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, in a manner which is not in conformance with such agreement”.

21. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 232(b) · 98 Stat. 3221

    1. Changed · 42 U.S.C. § 6928(e)

       Pub. L. 98–616, § 232(b), in amending subsec. (e) generally

    2. Struck · 42 U.S.C. § 6928(e)

       Pub. L. 98–616, § 232(b), in struck out provisions referring to violations of interim status standards and omission of material information from permit applications

    3. Struck · 42 U.S.C. § 6928(e)

       Pub. L. 98–616, § 232(b), in struck out provision requiring proof of “unjustifiable and inexcusable disregard for human life” or “extreme indifference to human life” for conviction under this subsection

    4. Inserted · 42 U.S.C. § 6928(e)

       Pub. L. 98–616, § 232(b), in inserted provision increasing maximum prison sentence to fifteen years for violation of subsec. (d)(1) through (6) of this section by one who knowingly places another person in imminent danger of death or serious bodily injury, replacing former provision calling for maximum imprisonment of two years, or five years in cases evidencing extreme indifference to human life

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 98–616, § 232(b), in amending subsec. (e) generally, struck out provisions referring to violations of interim status standards and omission of material information from permit applications, struck out provision requiring proof of “unjustifiable and inexcusable disregard for human life” or “extreme indifference to human life” for conviction under this subsection, and inserted provision increasing maximum prison sentence to fifteen years for violation of subsec. (d)(1) through (6) of this section by one who knowingly places another person in imminent danger of death or serious bodily injury, replacing former provision calling for maximum imprisonment of two years, or five years in cases evidencing extreme indifference to human life.

    Enacted provision · exact public law section
    (b) Section 3008(e) of the Solid Waste Disposal Act is amended to 42 USC 6928. read as follows: “(e) Knowing Endangerment.— Any person who knowingly Penalites. transports, treats, stores, disposes of, or exports any hazardous waste identified or listed under this subtitle in violation of paragraph (1), (2), (3), (4), (5), or (6) of subsection (d) 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 fifteen years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000.”.

22. 1984

    The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 233(a) · 98 Stat. 3221

    Added · 42 U.S.C. § 6928(h)

    Pub. L. 98–616, § 233(a), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 98–616, § 233(a), added subsec. (h).

    Enacted provision · exact public law section
    (a) Section 3008 of the Solid Waste Disposal Act is 42 USC 6928. amended by adding the following new subsection after subsection (g) thereof: “(h) Interim Status Corrective Action Orders.— (1) Whenever on the basis of any information the Administrator determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under section 3005(e) of this subtitle, the Administrator may issue an order requiring corrective Ante, p. 3241. action or such other response measure as he deems necessary to protect human health or the environment or the Administrator may commence a civil action in the United States district court in the district in which the facility is located for appropriate relief, including a temporary or permanent injunction. “(2) Any order issued under this subsection may include a suspension or revocation of authorization to operate under section 3005(e) of this subtitle, shall state with reasonable specificity the nature of the required corrective action or other response measure, and shall specify a time for compliance. If any person named in an order fails to comply with the order, the Administrator may assess, and such person shall be liable to the United States for, a civil penalty in an amount not to exceed $25,000 for each day of noncompliance with the order.”.

23. 1986

    Pub. L. 99–499 § 205(i)(1) · 100 Stat. 1703

    Inserted · 42 U.S.C. § 6928(d)(4)

    Pub. L. 99–499, § 205(i)(1), inserted “or any used oil not identified or listed as a hazardous waste under this subchapter”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 99–499, § 205(i)(1), inserted “or any used oil not identified or listed as a hazardous waste under this subchapter”.

24. 1986

    Pub. L. 99–499 § 205(i)(1) · 100 Stat. 1703

    1. Inserted · 42 U.S.C. § 6928(d)(5)

       Pub. L. 99–499, § 205(i)(1), (2), inserted “or any used oil not identified or listed as a hazardous waste under this subchapter”

    2. Struck · 42 U.S.C. § 6928(d)(5)

       Pub. L. 99–499, § 205(i)(1), (2), struck out “; or” after “accompanied by a manifest;”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 99–499, § 205(i)(1), (2), inserted “or any used oil not identified or listed as a hazardous waste under this subchapter” and struck out “; or” after “accompanied by a manifest;”.

25. 1986

    Pub. L. 99–499 § 205(i)(3) · 100 Stat. 1703

    Inserted · 42 U.S.C. § 6928(d)(6)

    Pub. L. 99–499, § 205(i)(3), inserted at end “; or”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 99–499, § 205(i)(3), inserted at end “; or”.

26. 1986

    Pub. L. 99–499 § 205(i)(4) · 100 Stat. 1703

    Added · 42 U.S.C. § 6928(d)(7)

    Pub. L. 99–499, § 205(i)(4), added par. (7)

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 99–499, § 205(i)(4), added par. (7).

27. 1986

    Pub. L. 99–499 § 205(i)(5) · 100 Stat. 1703

    1. Inserted · 42 U.S.C. § 6928(e)

       Pub. L. 99–499, § 205(i)(5), inserted “or used oil not identified or listed as a hazardous waste under this subchapter”

    2. Substituted · 42 U.S.C. § 6928(e)

       Pub. L. 99–499, § 205(i)(5), substituted “(5), (6), or (7)” for “(5), or (6)”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–499, § 205(i)(5), inserted “or used oil not identified or listed as a hazardous waste under this subchapter” and substituted “(5), (6), or (7)” for “(5), or (6)”.

33 of 41 references resolved to an enrolled provision · 1 partial · 7 unresolved