Civil Enforcement

To ensure that the hazardous wastes are managed in a manner that does not endanger human health or the environment, the regulated entities must comply with RCRA and its regulatory requirements. EPA and the states verify compliance through a comprehensive compliance monitoring program, educate the regulated community with compliance assistance efforts, encourage compliance through voluntary incentive programs, and deter noncompliance with a strong enforcement program. Reflecting a partnership between EPA and the states, this balanced and effective program ensures that the American public is protected from the risks associated with improper management of hazardous wastes.

Compliance Monitoring

Inspections, record reviews, sampling, and other activities are used by EPA and the states to determine a waste handler's compliance with the RCRA requirements. Both the EPA Regional Offices and states carry out compliance monitoring activities. EPA's authority for carrying out these activities is found in RCRA Sections 3007 (Hazardous Waste Program) and 9005 (Underground Storage Tank Program). (Additional General Information on Compliance Monitoring)

Enforcement Actions

When violations are detected during compliance monitoring activities, enforcement actions are taken to bring the facility into compliance and deter further violations. EPA and the states have a range of enforcement options, depending on the severity of the problem, consisting of:

• Administrative Actions
• Civil Judicial Actions
• Criminal Actions

Administrative Actions

An administrative action is an enforcement action taken by EPA or a state agency under its own authority. The actions may be informal administrative actions which is a non-formal action by EPA or an authorized state that notifies the facility of a violation. EPA or the state will notify the facility that they are not in compliance withe some provision of the regulations what the facility needs to do to come into compliance. The letter may also set out the enforcment actions that will follow if the facility fails to remedy the violation.

EPA or a state agency can take formal administrative actions whenever significant non-compliance is detected or the facility does not respond to an informal action. These actions are in the form of an administrative order, issued under the authority of RCRA or state law, requiring the recipient to correct the violation immediately or within a given time period to reach compliance with specific requirements. Administrative orders can be issued as an administrative unilateral order by the issuing agency in which compliance is demanded or as an administrative consent order in which there is an agreement between the agency and the facility for coming into compliance. These orders may also assess a penalty for non-compliance.

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Administrative RCRA Authorities

he types of administrative orders that can be issued under authorities provided by RCRA are as follows:

• RCRA Section 3008(a) Orders ("Compliance Orders") -- Used to require any person that is not in compliance with the requirements of RCRA to take steps immediately or within a stated time period to return to compliance. The order can contain penalty provisions up to $32,500 per day per violation and can suspend or revoke a facility's permit or interim status. When EPA issues a compliance order, the person issued the order can request an administrative hearing on the factual provisions of the order.
  
  
• RCRA Section 7003 Orders - Used when there is evidence that the past or present handling, storage, treatment, transportation or disposal of hazardous or nonhazardous waste may present an "imminent and substantial endangerment to health or the environment". Section 7003 Orders, issued to any past or present entity (i.e., generators, transporters, or owners or operators) who is contributing (or has contributed) to the problem can order that steps be taken to clean up the facility or location or to change or stop the operating procedure causing endangerment.
  
• RCRA Section 3013 Orders -- Used to evaluate the nature and extent of a problem or potential problem through monitoring, testing, and analysis when it is found that the presence of any hazardous waste at a facility or site where hazardous waste is or has been treated, stored, or disposed or where such waste from any facility or site may present a substantial hazard to human health or the environment.
  
  
• RCRA Section 9006 Orders -- Used to require any person that is not in compliance with the underground storage tank requirements to take steps immediately or within a specified time period to return to compliance. The order may assess a penalty.

EPA Administrative Hearings

Formal Administrative actions mar result in a hearing before an Impartial Administrative Law Judges (ALJs). Also offer specialized and knowledgeable interpretation of the environmental laws and regulations. ALJs conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws. RCRA is the only environmental statute for which ALJs have the authority to issue compliance orders. Decisions by the ALJs can be appealed by either party to the EPA Environmental Appeals Board (EAB). The EAB is the final Agency decision maker on administrative appeals under all major environmental statutes that EPA administers. It is an impartial four-member body which is independent of all Agency components outside the immediate Office of the Administrator.

Regional Judicial Officers

EPA’s Regional Judicial Officers (RJOs) perform adjudicatory functions and act as Agency neutrals in administrative cases. EPA’s RJO’s are senior attorneys with backgrounds in EPA enforcement, general law, or both. Nine of the ten EPA Regions have a designated attorney(s) to serve as a standing RJO. Region 6 has two standing RJOs.

Information about Administrative Enforcement Actions

Decisions and information about RCRA Section 3008 Penalty Appeals are available from the following link:

EPA Environmental Appeals Board Decisions
(Information about the EPA Environmental Appeals Board)

Decisions and Order identifications are available at the following location in the Docket Number column:

EPA Administrative Law Judge (ALJ) Decisions and Administrative Orders
(Information about the EPA Office of Administrative Law Judges)

Decisions and information on penalty assessments by the the Regional Presiding and Judicial Officers are at the following link:

Regional Presiding and Judicial Officer Decisions

Information on some of the recent EPA cases is available under Cases and Settlements.

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Civil Judicial Actions

Certain statutory provisions of RCRA allow EPA or state agencies to take civil judicial actions against facilities with violations. These are formal law suits filed against the person or company that has not complied with the statutory or regulatory requirements of RCRA, has caused a release of hazardous wastes or hazardous constituents, or has not complied with an administrative order. Civil actions are most often used in cases of repeated violations, those of significant nature, or when serious environmental damage is involved.

In these actions, filed in the U.S. District Courts, the U.S. Department of Justice (DOJ) prosecutes the cases for EPA. For state cases, the state Attorney Generals, are usually the prosecutors. Information on some of the recent EPA cases is available under Cases and Settlements.

Criminal Actions

In addition to administrative and civil enforcement actions, RCRA provides authority to use criminal judicial actions to enforce against people responsible for serious violations (e.g., endangerment and knowing endangerment).

Citizen Suits

Under RCRA Section 7002, citizens are authorized to bring enforcement actions against potential or actual RCRA violators and against EPA in the federal District Court system. Citizens are generally required to provide notice to EPA, to the state in which the violation occurred, and to the alleged violator. (See Regulations at 40 C.F.R. 254 )

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