Page:United States Statutes at Large Volume 98 Part 3.djvu/884

 98 STAT. 3256

PUBLIC LAW 98-616—NOV. 8, 1984 MANDATORY INSPECTIONS

Ante, p. 3255.

42 USC 6925.

Regulations.

Report.

SEC. 231. Section 3007 of the Solid Waste Disposal Act is amended by inserting the following new subsection after subsection (d) thereof: "(e) MANDATORY INSPECTIONS.—(1) The Administrator (or the State in the case of a State having an authorized hazardous waste program under this subtitle) 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 3005 no less often than every two years as to its compliance with this subtitle (and the regulations promulgated under this subtitle). Such inspections shall commence not later than twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 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 cleisses and categories of facilities commensurate with the risks posed by each class or category. "(2) Not later than six months after the date of enactment of the Hazardous and Solid Waste Amendments of 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.". FEDERAL ENFORCEMENT

42 USC 6928.

SEC. 232. (a) Section 3008(d) of the Solid Waste Disposal Act is amended as follows: (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"; (2) in paragraph (2)— (A) strike out "either"; (B) strike out "section 3005 (or 3006 in the case of a State program)" and substitute "this subtitle"; and (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 (3) strike out all after paragraph (2) and substitute:

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