257 



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. — Any records, re- 

 ports, or information obtained from any person 

 under this section shall be available to the public, 

 except that upon a showing satisfactory to the Ad- 

 ministrator (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) has access under 

 this section if made public, would divulge informa- 

 tion entitled to protection under section 1905 of 

 title 18 of the United States Code, the Administra- 

 tor (or the State, as the case may be) shall con- 

 sider such information or particular portion there- 

 of confidential in accordance with the purposes of 

 that section, except that such record, report, 

 document, or information may be disclosed to other 

 ofiBcers, employees, or authorized representatives of 

 the United States concerned with carrying out this 

 Act, or when relevant in any proceeding under this 

 Act. 



"FEDERAL ENFORCEMENT 



"Sec. 3008. (a) Compliance Orders. — (1) Ex- 

 cept as provided in paragraph (2) , whenever on the 

 basis of any information the Administrator deter- 

 mines that any person is in violation of any re- 

 quirement of this subtitle, the Administrator shall 

 give notice to the violator of his failure to comply 

 with such requirement. If such violation extends 

 beyond the thirtieth day after the Administrator's 

 notification, the Administrator may issue an order 

 requiring compliance within a specified time period 

 or 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. 



"(2) In the case of a violation of any require- 

 ment of this subtitle where such violation occurs 

 In a State which is authorized to carry out a 

 hazardous waste program under section 3006, the 

 Administrator shall give notice to the State in 

 which such violation has occurred thirty days prior 

 to issuing an order or commencing a civil action 

 under this section. 



"(3) If such violator fails to take corrective 

 action within the time specified in the order, he 

 shall be liable for a civil penalty of not more than 

 $25,000 for each day of continued noncompliance 

 and the Administrator may suspend or revoke any 

 permit Issued to the violator (whether issued by 

 the Administrator or the State) . 



"(b) Public Hearing. — Any order or any suspen- 

 sion or revocation of a permit shall become final 

 unless, no later than thirty days after the order 

 or notice of the suspension or revocation is served, 

 the person or persons named therein request a 

 public hearing. Upon such request the Adminis- 

 trator shall promptly conduct a public hearing. In 

 coimection with any proceeding under this section 

 the Administrator may issue subpenas for the at- 

 tendance and testimony of witnesses and the 



production of relevant papers, books, and docu- 

 ments, and may promulgate rules for discovery 

 procedures. 



"(c) Reqotrements of Compliance Orders. — 

 Any order issued under this section shall state with 

 reasonable specificity the nature of the violation 

 and specify a time for compliance and assess a 

 penalty, if any, which the Administrator deter- 

 mines is reasonable taking into account the seri- 

 ousness of the violation and any good faith efforts 

 to comply with the applicable requirements. 



"(d) Criminal Penalty. — Any person who know- 

 ingly — 



"(1) transports any hazardous waste listed 

 under this subtitle to a facility which does not 

 have a permit under section 3005 (or 3006 In 

 the case of a State program), 



"(2) disposes of any hazardous waste listed 

 under this subtitle without having obtained a 

 permit therefor under this subtitle, 



"(3) makes any false statement or representa- 

 tion in any application, label, manifest, record, 

 report, permit or other document filed, main- 

 tained, or used for purposes of compliance with 

 this subtitle, 

 shall, upon conviction, be subject to a fine of not 

 more than $25,000 for each day of violation, or to 

 Imprisonment not to exceed one year, or both. If the 

 conviction is for a violation committed after a first 

 conviction of such person under this paragraph, 

 punishment shall be by a fine of not more than 

 $50,000 per day of violation, or by imprisonment for 

 not more than two years, or by both. 



"retention of state authority 



"Sec. 3009. Upon the effective date of regulations 

 imder this subtitle no State or political subdivision 

 may impose any requirements less stringent than 

 those authorized under this subtitle respecting the 

 same matter as governed by such regulations, ex- 

 cept that if application of a regulation with respect 

 to any matter imder this subtitle is postponed or 

 enjoined by the action of any court, no State or 

 political subdivision shall be prohibited from act- 

 ing with respect to the same aspect of such matter 

 until such time as such regulation takes effect. 



"EFFEClrVE date 



"Sec. 3010. (a) Preliminary Notification. — ^Not 

 later than ninety days after promulgation or revi- 

 sion of regulations under section 3001 identifying 

 by its characteristics or listing any substance as 

 hazardous waste subject to this subtitle, any person 

 generating or transporting such substance or own- 

 ing or operating a facility for treatment, storage, or 

 disposal of such substance shall file with the Ad- 

 ministrator (or with States having authorized 

 hazardous waste permit programs under section 

 3006) a notification stating the location and general 

 description of such activity and the identified or 

 listed hazardous wastes handled by such person. 

 Not more than one such notification shall be re- 



