Managing Facilities, Due Diligence and Facility Transfers
75
USTs larger than 110 gallons storing oil used for emergency power
generators are subject to all UST regulations except for release detection
requirements.
Liability and Enforcement Actions Under RCRA
Because RCRA provides "cradle to grave" regulation of hazardous
wastes covering generation, transportation, storage, treatment, and
disposal, the hazardous wastes generator is faced with a nearly limitless
period of liability. A generator who has
properly managed and disposed
of wastes at a licensed offsite disposal facility may still be required to
contribute funds to clean up the disposal facility in the future. The
federal government can order such payment by authority of CERCLA or
RCRA. In
effect, implementing proper practices at a RCRA permitted
facility is no guarantee against incurring financial liability for past
practices. Cost recovery provisions covering leaking USTs also exist.
The authority for these decisions was granted through SARA, via
42 U.S.C. § 6991(d).
The enforcement provisions of 42 U.S.C.
§ 6928 authorize the
imposition of civil penalties at a maximum rate of $25,000 per day per
violation. Knowingly treating, storing, transporting to an unpermitted
disposal facility, or disposing of hazardous wastes without a RCRA
permit can result in criminal penalties. Criminal fines can be up to
$50,000 per day per violation and can include a five-year prison
sentence. If the party responsible for the illegal activity knowingly
places another person in imminent danger of death or serious bodily
injury, criminal penalties can be expanded to a maximum total of
$250,000 for an individual, and $1 million for a corporation. Individuals
may also face up to
15
years of imprisonment.
Finally, EPA
enforcement actions can result in a facility's closure through the
suspension of the RCRA operating permit.
Section 6973 of 42 U.S.C. grants additional authority to EPA to
handle any imminent hazard that endangers human health or the environ-
ment due to past or present handling, storage, treatment, transportation,
or disposal of any solid or hazardous waste. EPA can bring suit against
generators, transporters, or past or present owners or operators of a
treatment, storage or disposal facility at which an imminent hazard has
been identified. This provision affects past and present facility owners.
Enforcement action under this provision includes the authority to issue
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