Cleanup Enforcement

The Resource Conservation and Recovery Act (RCRA) has several cleanup enforcement authorities available to compel clean up at RCRA facilities or at places that perhaps should be regulated under RCRA.

States authorized to implement the RCRA Corrective Action program have similar authorities to the federal authorities described below.

Cleanup enforcement under RCRA generally means that EPA, or the authorized state, takes legal action to get cleanup going. The legal action may be:

• Administrative -- EPA has independent authorities to enter into "agreements" and to "order" (require) clean-up action; or
• Judicial - EPA works with the Department of Justice to secure a court approved agreement or order for action.

The federal RCRA cleanup enforcement authorities include:

RCRA Section 3008(h) - EPA can use this authority at facilities that manage RCRA hazardous waste under "interim status" (i.e., facilities that have not yet received RCRA permits), and at some facilities that had or should have had interim status.

RCRA Section 7003 - EPA uses this authority to address situations that may present an imminent and substantial endangerment.

RCRA Section 3013 - EPA uses this authority to require an investigation to determine how significant a threat is.

RCRA Section 3007 - allows EPA to request information regarding hazardous waste practices and events at a facility, and to gain access to a facility to collect waste samples.

RCRA Section 3008(a) – EPA uses its general RCRA enforcement authority to compel compliance with cleanup responsibilities required in a facility's Subtitle C permit.

The Office of Civil Enforcement's RCRA Enforcement page provides additional information on RCRA's other, non-corrective action enforcement activities.