Page:United States Statutes at Large Volume 102 Part 3.djvu/1001

This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-582—NOV. 1, 1988

102 STAT. 2953

"(1) enter at reasonable times any establishment or other place where medical wastes are or have been generated, stored, treated, disposed of, or transported from; "(2) conduct monitoring or testing; and "(3) inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes. "(b) PROCEDURES.—Each inspection under this, section shall be commenced and completed with reasonable promptness. If the officer, employee, or representative obtains any samples, prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained if giving such an equal portion is feasible. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge of the premises concerned. "(c) AVAILABILITY TO PUBLIC.—The provisions of section 3007(b) of this Act shall apply to records, reports, and information obtained under this section in the same manner and to the same extent as such provisions apply to records, reports, and information obtained under section 3007. "SEC. 11005. ENFORCEMENT. "(a) COMPLIANCE ORDERS.—

"(1) VIOLATIONS.—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 subtitle (including any requirement or prohibition in effect under regulations under this subtitle)(A) the Administrator may issue an order (i) assessing a civil penalty for any peist 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. "(2) ORDERS ASSESSING PENALTIES.—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 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. "(3) PUBLIC HEARING.—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. "(4) VIOLATION OF COMPUANCE ORDERS.—In the case of an order under this subsection requiring compliance with any requirement of or regulation under this subtitle, if a violator fails to take corrective action within the time specified in an

42 USC 6992d.