U.S. Code » Title 42 » Chapter CHAPTER 82— SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER III— HAZARDOUS WASTE MANAGEMENT

42 U.S.C. § 6927

Inspections

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(a) Access entryFor purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer, employee or representative of a State having an authorized hazardous waste program, furnish information relating to such wastes and permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. For the purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, employees or representatives are authorized—(1) to enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from;(2) to inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes.Each such inspection 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 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.(b) Availability to public(1) Any records, reports, or information (including records, reports, or information obtained by representatives of the Environmental Protection Agency) obtained from any person under this section shall be available to the public, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or information, or particular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee or representative thereof has access under this section if made public, would divulge information entitled to protection under section 1905 of title 18, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter.(2) Any person not subject to the provisions of section 1905 of title 18 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 chapter, a person required to provide 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 chapter.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 any other provision of law, all information reported to, or otherwise obtained by, the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee.(c) Federal facility inspections

The Administrator shall 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 department, agency, or instrumentality of the United States to enforce its compliance with this subchapter and the regulations promulgated thereunder. 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. The records of such inspections shall be available to the public as provided in subsection (b). 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.

(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 6925 of this title. The records of such inspection shall be available to the public as provided in subsection (b).

(e) Mandatory inspections(1) The Administrator (or the State in the case of a State having an authorized hazardous waste program under this subchapter) 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 6925 of this title no less often than every two years as to its compliance with this subchapter (and the regulations promulgated under this subchapter). Such inspections shall commence not later than twelve months after November 8, 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 November 8, 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.(Pub. L. 89–272, title II, § 3007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2810; amended Pub. L. 95–609, § 7(j), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96–482, § 12, Oct. 21, 1980, 94 Stat. 2339; Pub. L. 98–616, title II, §§ 229–231, title V, § 502(a), Nov. 8, 1984, 98 Stat. 3255, 3256, 3276; Pub. L. 102–386, title I, § 104, Oct. 6, 1992, 106 Stat. 1507.)Editorial NotesAmendments

1992—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.”

1984—Subsec. (b)(1). Pub. L. 98–616, § 502(a), modified directory language for amendment by sec. 12(b)(4) of Pub. L. 96–482.

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

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

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

1980—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”.

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”.

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”.

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

1978—Subsec. (a)(1). Pub. L. 95–609 substituted “disposed of, or transported from” for “or disposed of”.

Executive DocumentsTransfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Notes of Decisions
Cited in 39 cases (2 in the last 5 years), 1982–2023 · leading case: United States v. Charles George Trucking Co., Charles George, Sr. & Dorothy George, 823 F.2d 685 (1st Cir. 1987).
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United States v. Charles George Trucking Co., Charles George, Sr. & Dorothy George, 823 F.2d 685 (1st Cir. 1987). · cites it 5× “These letters were transmitted pursuant to the dual authority of § 3007 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6927 , 2 and § 104 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.”
Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019). · cites it 2× “Implying that it has some relevance to the plain meaning of “execute searches,” the Majority observes that Congress sometimes uses “milder” verbs than “execute” in the criminal context and that the proviso does not include the terms “warrant” or “search warrant.”
Kasza v. Browner, 133 F.3d 1159 (9th Cir. 1998). · cites it 8× “42 U.S.C. § 6927 (c). Once completed, both reports must be made available to the public.”
Michigan Millers Mut. Ins. v. Bronson Plating Co., 519 N.W.2d 864 (Mich. 1994). · cites it 2× “§ 9604 , and Section 3007 of the Resource Conservation and Recovery Act (RCRA) as amended, 42 U.S.C. § 6927 , for the purpose of enforcing CERCLA and RCRA and for the purpose of assisting in determining the need for response to a release of hazardous substance(s) under CERCLA.”
Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018). · cites it 2× “§ 330c(a); FDA inspectors may make “examination and inspection of all meat food products prepared for commerce in any slaughtering, meat- canning, salting, packing, rendering, or similar establishment” and “shall have access at all times, by day or night, whether the…”
Brian Iverson v. United States, 973 F.3d 843 (8th Cir. 2020). “§ 374 (a)(1) (FDA); 42 U.S.C. § 6927 (a) (EPA). -29- “[I]t is a cardinal rule of statutory construction that, when Congress employs a [legal] term of art, it presumably knows and adopts the cluster of ideas that were attached to each borrowed word.”
United States v. White, 766 F. Supp. 873 (E.D. Wash. 1991). · cites it 4× “JOINT MOTION TO DISMISS COUNTS ONE THROUGH FIVE FOR FAILURE TO COMPLY WITH 42 U.S.C. § 6927 (a), OR, IN THE ALTERNATIVE, TO SUPPRESS; REQUEST FOR EVIDENTIARY HEARING The defendants next move to dismiss or in the alternative suppress evidence because of the government’s alleged…”
United States v. Protex Indus., Inc., 874 F.2d 740 (10th Cir. 1989). · cites it 3× “Defendant contends this language did not track the language of the statute and it unconstitutionally expanded it beyond the intent of Congress.”
In Re Stanley Plating Co., Inc., 637 F. Supp. 71 (D. Conn. 1986). · cites it 4× “42 U.S.C. § 6927 (a). The government represents that the purpose of the inspection is “solely to enforce the provisions of RCRA.”
United States v. Rohm & Haas Co. Rohm & Haas Delaware Valley, Inc. Chem. Props., Inc. Bristol Twp. Auth., 2 F.3d 1265 (3rd Cir. 1993). “See RCRA § 3007, 42 U.S.C. § 6927 (1988); CERCLA § 104(e), 42 U.”
United States v. Jg-24, Inc., 331 F. Supp. 2d 14 (D.P.R. 2004). · cites it 2× “With respect to the Cataño facility, the United States’ claim is for injunctive relief and civil penalties under Section 3008 of RCRA, for failure to respond to an EPA information request pursuant to Section 3007 of RCRA, 42 U.S.C. § 6927 . TABLE OF CONTENTS I. FINDINGS OF FACT.”
A. Johnson & Co., Inc., & A. Johnson Energy Mktg., Inc. v. The Aetna Cas. & Sur. Co., 933 F.2d 66 (1st Cir. 1991). “” Finally, the EPA letter, under authority of Section 3007 of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6927 , and Section 104 of CERCLA, 42 U.”
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— 42 U.S.C. § 6927(a) — 1 case
United States v. David B. Fisher, 864 F.2d 434 (7th Cir. 1988).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.