761 



any pollutant into such treatment works, which pol- 

 lutant may interfere with, pass through, or other- 

 wise be incompatible with such works. 



(d) After the effective date of any effluent stand- 

 ard or prohibition or pretreatment standard pro- 

 mulgated under this section, it shall be unlawful for 

 any owner or operator of any source to operate any 

 source in violation of any such effluent standard or 

 prohibition or pretreatment standard. (June 30, 

 1948, ch. 758. title III. § 307. as added Oct. 18. 1972. 

 Pub. L. 92-500. § 2, 86 Stat. 856.) 



§ 1318. Inspections, monitoring, and entry. 



(a) Whenever required to carry out the objective 

 of this chapter, including but not limited to (1) 

 developing or assisting in the development of any 

 effluent limitation, or other limitation, prohibition. 

 or effluent standard, pretreatment standard, or 

 standard of performance under this chapter; (2) 

 determining whether any person is in violation of 

 any such effluent limitation, or other limitation, pro- 

 hibition or effluent standard, pretreatment standard, 

 or standard of performance: (3) any requirement 

 established under this section: or (4) carrying out 

 sections 1315, 1321, 1342, and 1364 of this title— 



(A> the Administrator shall require the owner 

 or operator of any point source to (i) establish 

 and maintain such records, (ii) make such reports, 

 (iiii install, use, and maintain such monitoring 

 equipment or methods (including where appro- 

 priate, biological monitoring methods) , (iv) sam- 

 ple such effluents (in accordance with such meth- 

 ods, at such locations, at such Intervals, and in 

 such manner as the Administrator shall pre- 

 scribe), and (V) provide such other information 

 as he may reasonably require: and 



(B) the Administrator or his authorized repre- 

 sentative, upon presentation of his credentials — 

 (i) shall have a right of entry to. upon, or 

 through any premises in which an effluent source 

 is located or in which any records required to be 

 maintained under clause (A) of this subsection 

 are located, and 



(ii) may at reasonable times have access to 

 and copy any records, inspect any monitoring 

 equipment or method required under clause (A) . 

 and sample any effluents which the owner or 

 operator of such source is required to sample 

 under such clause. 



(b) Any records, reports, or information obtained 

 under this section (D shall, in the case of effluent 

 data, be related to any applicable effluent limitations. 

 toxic, pretreatment, or new source performance 

 standards, and (2) shall be available to the public, 

 except that upon a showing satisfactory to the Ad- 

 ministrator by any person that records, reports, or 

 information, or particular part thereof (other than 

 effluent data) , to which the Administrator has access 

 under this section, if made public would divulge 

 methods or processes entitled to protection as trade 

 secrets of such person, the Administrator shall con- 

 sider such record, report, or information, or par- 

 ticular portion thereof confidential in accordance 

 with the purposes of section 1905 of Title 18, except 



that such record, report, or information may be dis- 

 closed 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. 



(e) Each State may develop and submit to the 

 Administrator procedures under State law for in- 

 spection, monitoring, and entry with respect to point 

 sources located in such State. If the Administrator 

 finds that the procedures and the law of any State 

 relating to inspection, monitoring, and entry are 

 applicable to at least the same extent as those re- 

 quired by this section, such State is authorized to 

 apply and enforce its procedures for inspection, 

 monitoring, and entry with respect to point sources 

 l(5cated in such State (except with respect to point 

 sources owned or operated by the United States) . 

 (June 30. 1948. ch. 758. title III. § 308. as added 

 Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 858.) 

 §1319. Enforcement, 

 (a) State enforcement ; compliance orders. 



(1) Whenever, on the basis of any information 

 available to him, the Administrator finds that any 

 person is in violation of any condition or limitation 

 which implements section 1311, 1312, 1316, 1317, or 

 1318 of this title in a permit issued by a State under 

 an approved permit program under section 1342 of 

 this title he shall proceed under his authority in 

 paragraph (3) of this subsection or he shall notify 

 the person in alleged violation and such State of 

 such finding. If beyond the thirtieth day after the 

 Administrator's notification the State has not com- 

 menced appropriate enforcement action, the Admin- 

 istrator shall issue an order requiring such person 

 to comply with such condition or limitation or 

 shall bring a civil action in accordance with subsec- 

 tion (bi of this section. 



(2) Whenever, on the basis of information avail- 

 able to him. the Administrator finds that violations 

 of permit conditions or limitations as set forth in 

 paragraph d) of this subsection are so widespread 

 that such violations appear to result from a failure 

 of the State to enforce such permit conditions or 

 limitations effectively, he shall so notify the State. 

 If the Administrator finds such failure extends be- 

 yond the thirtieth day after such notice, he shall 

 give public notice of such finding. During the period 

 beginning with such public notice and ending when 

 such State satisfies the Administrator that it will 

 enforce such conditions and limitations (hereafter 

 referred to in this section as the period of "federally 

 assumed enforcement/"), the Adininistrator shall 

 enforce any permit condition or limitation with 

 respect to any person — 



(A) by issuing an order to comply with such 

 condition or limitation, or 



(B) by bringing a civil action under subsection 

 (b> of this section. 



(3) Whenever on the basis of any information 

 available to him the Administrator finds that any 

 person is in violation of section 1311. 1312. 1316. 1317. 

 or 1318 of this title, or is in violation of any permit 

 condition or limitation Implementing any of such 

 sections. in a permit issued under section 1342 of this 



