42 U.S.C. § 6992d — Enforcement
submitted 38 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 693 words · no verdicts yet
This section provides civil compliance orders, court actions, civil penalties, criminal penalties, and knowing-endangerment penalties for medical-waste violations. It also sets hearing rights and the penalty policy.
(a)(1) If the Administrator* finds from any information that a person* violated or is violating a current requirement or prohibition, including a rule, the Administrator may issue an order assessing a penalty, requiring immediate or timed compliance, or both, or may sue in the proper United States district court for relief including a temporary or permanent injunction. The order must describe the violation with reasonable specificity. (2) An order penalty may not exceed $25,000 per day for each violation; seriousness and good-faith compliance efforts must be considered. (3) An order becomes final unless the named person requests a public hearing within 30 days. The Administrator must promptly hold it and may subpoena relevant papers and establish discovery rules. (4) If an order requires compliance and the violator does not correct the violation on time, the Administrator may impose up to $25,000 for each day of continuing noncompliance.
(b) A person who knowingly violates requirements or rules; knowingly omits material information or makes a false material statement in a compliance label, record, report, or other document; or knowingly handles medical waste and knowingly destroys, changes, hides, or fails to file a required record or report, may on conviction be fined up to $50,000 per violation day or imprisoned up to 2 years (5 years for a paragraph (1) violation), or both. For a later conviction under this subsection, the applicable maximum fine and imprisonment are doubled.
(c) A person who knowingly violates subsection (b) while knowing the violation puts another person in imminent danger of death or serious bodily injury may on conviction be fined up to $250,000, imprisoned up to 15 years, or both. An organizational defendant may be fined up to $1,000,000. The terms are interpreted under 42 U.S.C. 6928(f).
(d) Anyone violating a requirement or rule is liable to the United States for up to $25,000 per violation. Each day is a separate violation.
(e) United States or State* civil penalties must follow the Administrator’s “RCRA Civil Penalty Policy,” as amended from time to time. This section does not define that quoted policy.
Whenever on the basis of any information the Administrator* determines that any person* has violated, or is in violation of, any requirement or prohibition in effect under this subchapter (including any requirement or prohibition in effect under regulations under this subchapter) (A) the Administrator may issue an order (i) assessing a civil penalty for any past or current violation, (ii) requiring compliance immediately or within a specified time period, or (iii) both, or (B) 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. Any order issued pursuant to this subsection shall state* with reasonable specificity the nature of the violation.
Any penalty assessed in an order under this subsection shall not exceed $25,000 per day of noncompliance for each violation of a requirement or prohibition in effect under this subchapter. 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.
Any order issued under this subsection shall become final unless, not later than 30 days after issuance of the order, the persons named therein request a public hearing. Upon such request, the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section, the Administrator may issue subpoenas for the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.
In the case of an order under this subsection requiring compliance with any requirement of or regulation under this subchapter, if a violator fails to take corrective action within the time specified in an order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.
Any person who—
knowingly violates the requirements of or regulations under this subchapter;
knowingly omits material information or makes any false material statement or representation in any label, record, report, or other document filed, maintained, or used for purposes of compliance with this subchapter or regulations thereunder; or
knowingly generates, stores, treats, transports, disposes of, or otherwise handles any medical waste (whether such activity took place before or takes place after November 1, 1988) and who knowingly destroys, alters, conceals, or fails to file any record, report, or other document required to be maintained or filed for purposes of compliance with this subchapter or regulations thereunder
shall, upon conviction, be subject to a fine of not more than $50,000 for each day of violation, or imprisonment not to exceed 2 years (5 years in the case of a violation of paragraph (1)). 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.
Any person who knowingly violates any provision of subsection (b) 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 15 years, or both. A defendant that is an organization shall, upon conviction under this subsection, be subject to a fine of not more than $1,000,000. The terms of this paragraph shall be interpreted in accordance with the rules provided under section 6928(f) of this title.
Any person who violates any requirement of or regulation under this subchapter 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 section, constitute a separate violation.
Civil penalties assessed by the United States or by the States under this subchapter shall be assessed in accordance with the Administrator’s “RCRA Civil Penalty Policy”, as such policy may be amended from time to time.
Source credit: (Pub. L. 89–272, title II, § 11005, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2953.)
- 1988Enacted · Pub. L. 89-272 · 102 Stat. 2953
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1988-11-01.
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