Page:United States Statutes at Large Volume 98 Part 3.djvu/900

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 3272

PUBLIC LAW 98-616—NOV. 8, 1984 substantial endangerment to human health or the environment, the Administrator shall provide immediate notice to the appropriate local government agencies. In addition, the Administrator shall require notice of such endangerment to be promptly posted at the site where the waste is located.". (b)(1) Subtitle G of the Solid Waste Disposal Act is amended by adding the following new section after section 7011: "LAW ENFORCEMENT AUTHORITY

Post, p. 3273. 42 USC 6979b.

"SEC. 7012. The Attorney General of the United States shall, at the request of the Administrator and on the basis of a showing of need, deputize qualified employees of the Environmental Protection Agency to serve as special deputy United States marshals in criminal investigations with respect to violations of the criminal provisions of this Act.". (2) The table of contents for subtitle G of such Act is amended by inserting the following new item after the item relating to section 7011. "Sec. 7012. Law enforcement authority.".

42 USC 6945. 42 USC 6972. 42 USC 6928.

42 USC 6912.

(c) Section 4005 of the Solid Waste Disposal Act is amended by inserting after the first sentence in subsection (a) the following: "The prohibition contained in the preceding sentence shall be enforceable under section 7002 against persons engaged in the act of open dumping." (d)(1) Section 3008(a)(1) of the Solid Waste Disposal Act is amended to read as follows: "(1) Except as provided in paragraph (2), whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this subtitle, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, 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) Section 3008(a)(3) of such Act is amended to read as follows: "(3) Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subtitle and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of 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) Section 3008(c) of such Act is amended to read as follows: "(c) VIOLATION OF COMPLIANCE ORDERS.—If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order and the Administrator may suspend or revoke any permit issued to the violator (whether issued by the Administrator or the State).". (4) Section 2002 of such Act is amended by inserting the following at the end thereof: "(c) CRIMINAL INVESTIGATIONS.—In carrying out the provisions of this Act, the Administrator, and duly-designated agents and employees of the Environmental Protection Agency, are authorized to initiate and conduct investigations under the criminal provisions of