§ 6973. Imminent hazard

Footnotes

1. 1 So in original. Probably should be “contractual”.

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 § 7003 · 79 Stat. 992

   Enacted · 42 U.S.C. § 6973

   Pub. L. 89–272, title II, § 7003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2826

   Source evidence

   Code source credit
   Pub. L. 89–272, title II, § 7003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2826

2. 1978

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

   Struck · 42 U.S.C. § 6973

   Pub. L. 95–609 struck out “for” after “restrain any person”

   Source evidence

   Code amendment note
   Pub. L. 95–609 struck out “for” after “restrain any person”.

   Enacted provision · exact public law section
   (q) Section 7003 of the Solid Waste Disposal Act is amended 42 USC 6973. by striking out “for” before “contributing to the alleged disposal”.

3. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 25 · 94 Stat. 2334

   1. Amended · 42 U.S.C. § 6973

      Pub. L. 96–482, § 25, designated existing provisions as subsec. (a)

   2. Substituted · 42 U.S.C. § 6973

      Pub. L. 96–482, § 25, substituted “may present” for “is presenting” authorized other action to be taken by the Administrator after notice including issuance of protective orders relating to public health and the environment

   3. Substituted · 42 U.S.C. § 6973

      Pub. L. 96–482, § 25, substituted “such handling, storage, treatment, transportation or disposal” for “the alleged disposal” authorized other action to be taken by the Administrator after notice including issuance of protective orders relating to public health and the environment

   4. Added · 42 U.S.C. § 6973

      Pub. L. 96–482, § 25, added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 96–482, § 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).

   Enacted provision · exact public law section
   Sec. 25. Section 7003 of the Solid Waste Disposal Act is amended by— (1) inserting “(a) Authority of Administrator.—” after “7003”; (2) striking out “is presenting” and inserting in lieu thereof “may present”; (3) striking out “the alleged disposal” and inserting in lieu thereof “such handling, storage, treatment, transportation or disposal”; and (4) adding the following at the end thereof: “ 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. “(b) Violations.— Any person who willfully violates, or fails or refuses to comply with, any order of the Administrator under subsection (a) 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.”.

4. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 402 · 98 Stat. 3221

   1. Inserted · 42 U.S.C. § 6973(a)

      Pub. L. 98–616, § 402, inserted “past or present” after “evidence that the”

   2. Substituted · 42 U.S.C. § 6973(a)

      Pub. L. 98–616, § 402, 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”

   3. Substituted · 42 U.S.C. § 6973(a)

      Pub. L. 98–616, § 402, substituted “to restrain such person from” for “to stop”

   4. Substituted · 42 U.S.C. § 6973(a)

      Pub. L. 98–616, § 402, 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”

   5. Inserted · 42 U.S.C. § 6973(a)

      Pub. L. 98–616, § 402, 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–616, § 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.”

   Enacted provision · exact public law section
   Sec. 402. imminent hazard Section 7003(a) of the Solid Waste Disposal Act is amended 42 USC 6973. by— (1) inserting “past or present” after “evidence that the”; (2) striking “to immediately restrain any person” and inserting in lieu thereof “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”; (3) striking “to stop” and inserting in lieu thereof “to restrain such person from”; (4) striking “or to take such other action as may be necessary” and substituting “, to order such person to take such other action as may be necessary, or both”; and (5) inserting after the first sentence thereof the following: “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 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.”.

5. 1984

   The Hazardous and Solid Waste Amendments of 1984

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

   Added · 42 U.S.C. § 6973(c)

   Pub. L. 98–616, § 403(a), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–616, § 403(a), added subsec. (c).

   Enacted provision · exact public law section
   (a) Section 7003 of the Solid Waste Disposal Act is 42 USC 6973. amended by adding the following new subsection after subsection (b) thereof: “(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.”.

6. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 404 · 98 Stat. 3221

   Added · 42 U.S.C. § 6973(d)

   Pub. L. 98–616, § 404, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–616, § 404, added subsec. (d).

   Enacted provision · exact public law section
   Sec. 404. public participation in settlements Section 7003 of the Solid Waste Disposal Act is amended Ante, p. 3271. by adding the following new subsection after subsection (c) thereof: “(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 Act or the Administrative Procedure Act.”. 5 USC note prec. 551.

12 of 13 references resolved to an enrolled provision · 1 partial