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Chapter 10: Enforcement of Hazardous Waste Regulations

CHAPTER 10

ENFORCEMENT OF HAZARDOUS

WASTE REGULATIONS

OVERVIEW

The effective implementation of the RCRA

program depends on whether the people and

companies regulated under RCRA comply with its

various requirements. The goals of the RCRA

enforcement program are to ensure that the

regulatory and statutory provisions of RCRA are

met, and to compel necessary action to correct

violations. EPA and the states achieve these goals

by closely monitoring hazardous waste handler

(e.g., generator, transporter, and TSDF) activities,

taking expeditious legal action when

noncompliance is detected, and providing

compliance incentives and assistance. Facility

inspections by federal and state officials are the

primary tool for monitoring compliance. When

noncompliance is detected, legal action, in the

form of an administrative order, a civil lawsuit, or a

criminal lawsuit, may follow, depending on the

nature and severity of the problem. EPA

has also issued several policies to provide

incentives for businesses to voluntarily

evaluate their own compliance and

disclose violations, and to assist small

businesses in complying with the

regulations. The combination of effective

monitoring, expeditious legal action, and

compliance incentives and assistance is

intended to reduce the number of

handlers operating in violation of RCRA

requirements and to deter potential

violations.

Feds Fined for Pollution 

Challenges Sovereign Immunity 

Army Labeled "Recalcitrant 

Noncomplier" by EPA

Aberdeen Civilians Guilty 

in Toxic Waste Case

Federal Employees Accused of 

Dumping Poisonous Chemicals

Court Rules Middle Managers Liable 

in Hazardous Waste Cases

Lab Indicted for 

Water Violations

In this chapter...

Overview........................................................... III-145

Compliance Monitoring ..................................... III-146

- Inspections and Information Gathering ......... III-146

- Conducting the Inspection ............................ III-146

Enforcement Actions ........................................ III-147

- Administrative Actions ................................... III-148

- Civil Actions................................................... III-149

- Criminal Actions ............................................ III-151

Civil Penalty Policy ........................................... III-152

Enforcement at Federal Facilities ..................... III-153

Compliance Assistance and Incentives ............ III-153

- Small Business Compliance Incentives and

Assistance..................................................... III-153

- Self-Audit Policy ............................................ III-154

Agency Functions ............................................. III-154

Summary .......................................................... III-154
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 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 10: Enforcement of Hazardous Waste Regulations

This chapter describes the three essential

aspects of the enforcement program: compliance

monitoring, enforcement actions, and compliance

incentives and assistance. Almost all of the

enforcement provisions detailed in this chapter

are based on the Act, federal EPA policy, and

Agency regulations. It is important to note that

state requirements may be more stringent than

those mandated by the federal government, and

state enforcement authorities and procedures may

differ from those of EPA.

COMPLIANCE MONITORING

One aspect of the enforcement program is

monitoring facilities to verify that they comply

with RCRA regulatory requirements. Monitoring

serves several purposes, such as allowing EPA and

the states to assess the effectiveness of specific

legal actions that may have been taken already

against a handler, and enabling EPA to gather data

in support of a future rulemaking. In addition, the

overall compliance monitoring program allows

EPA to evaluate the effectiveness of state programs

and to monitor nationwide compliance with

RCRA. Finally, monitoring acts as a deterrent,

encouraging compliance with the regulations by

making acts of noncompliance susceptible to

enforcement actions.

■ Inspections and Information Gathering

The primary method of collecting compliance

monitoring data is through an inspection. Section

3007 of the Act provides the authority for

conducting inspections. This section allows a

representative of EPA or an authorized state to

enter any premises where hazardous waste is

handled to examine records and take samples of

the wastes. In instances when criminal activity is

suspected, EPA’s National Enforcement

Investigations Center may become involved.

Similarly, DOT may participate where waste

transporters are involved. While all TSDFs must

be inspected at least once every two years, HSWA

requires that all federal- and state-operated

facilities be inspected annually. Facilities may also

be inspected at any time if EPA or the state has

reason to suspect that a violation has occurred.

Finally, facilities are chosen for an inspection when

specific information is needed to support the

development of RCRA regulations and to track

program progress and accomplishments.

Inspections may be conducted by EPA, an

authorized state, or both. Typically, either the

state or EPA has overall responsibility, or the lead,

for conducting the inspection. The inspection

may include a formal visit to the handler, a review

of records, taking of samples, and observation of

operations.

■ Conducting the Inspection

Several steps are generally followed in RCRA

inspections to ensure consistency and

thoroughness; these steps are summarized below.

The inspector prepares for the inspection by:

• Coordinating inspection activities with other

regulatory or enforcement personnel as

necessary

• Reviewing facility files

• Preparing an inspection

plan

• Developing a checklist

• Packing appropriate safety

equipment.

The first stage of the actual inspection is the

facility entry. Upon entry, the inspector generally

holds an opening conference with the owner and

operator to discuss the nature of the inspection
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and to describe the information and samples to be

gathered. Following the opening conference, the

actual inspection takes place, which may involve:

• Reviewing facility operations and waste

management practices

• Reviewing records

• Conducting a visual inspection

• Identifying sampling requirements.

Finally, the inspector holds a closing conference

with the owner and operator to allow him or her to

respond to questions about the inspection and to

provide additional information. The inspector

usually summarizes the findings.

After the visit is completed, the inspector

prepares a comprehensive report that summarizes

the records reviewed, any sampling results, and the

handler’s compliance status with respect to RCRA.

The most important result of any inspection is

the determination of whether the handler is in

compliance with the regulations. The inspector may

also determine compliance through examination of

the reports that handlers are required to submit, or

are part of normal waste handler operations. Reports

may contain information about the wastes being

handled, the method of handling, and the ultimate

disposal of wastes. Reports are submitted as required

in a permit or enforcement order (e.g., corrective

action schedules of compliance) and by regulation

(e.g., biennial report). If the handler is not complying

with all of the appropriate state or federal

requirements, enforcement action may be taken.

ENFORCEMENT ACTIONS

When compliance monitoring detects a

violation, enforcement actions bring handlers into

compliance with applicable Subtitle C regulations.

The goal of enforcement actions is to compel:

• Compliance with RCRA’s waste handling

standards

• Compliance with RCRA’s recordkeeping and

reporting requirements

• Monitoring and corrective action in response

to releases of hazardous waste, and hazardous

constituents.

TYPES OF ENFORCEMENT INSPECTIONS

• Compliance Evaluation Inspection — Routine

inspections to evaluate compliance with RCRA.

These inspections usually encompass a file review

prior to the site visit; an on-site examination of

generation, treatment, storage or disposal areas; a

review of records; and an evaluation of the facility’s

compliance with RCRA.

• Case Development Inspection — An inspection

when significant RCRA violations are known,

suspected, or revealed. These inspections are

usually intended to gather data in support of a

specific enforcement action.

• Comprehensive Ground Water Monitoring

Evaluation — An inspection to ensure that ground

water monitoring systems are designed and

functioning properly at RCRA land disposal facilities.

• Compliance Sampling Inspection — Inspections to

collect samples for laboratory analysis. This

sampling inspection may be conducted in

conjunction with any other inspection.

• Operations and Maintenance Inspection —

Inspections to ensure that ground water monitoring

and other systems at closed land disposal facilities

continue to function properly. These inspections are

usually conducted at facilities that have already

received a thorough evaluation of the ground water

monitoring system through a comprehensive ground

water monitoring inspection.

• Laboratory Audit — Inspections of laboratories

performing ground water monitoring analysis to

ensure that these laboratories are using proper

sample handling and analysis protocols.
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many forms, such as a letter or a phone call. An

informal letter to the handler may be called a

notice of violation or a notice of noncompliance.

For this type of action, EPA or the state notifies a

handler that they are not in compliance with some

provision of the regulations. This type of action is

particularly appropriate when the violation is

minor, such as a record maintenance requirement.

If the owner and operator does not take steps to

comply within a certain time period, a warning

letter will be sent, setting out specific actions to be

taken to move the handler into compliance. The

warning letter also sets out the enforcement

actions that will follow if the handler fails to

remedy the violation.

Formal Actions

Alternatively, EPA or the state can take formal

action when a more severe violation is detected,

or the owner and operator does not respond to an

informal action. Formal actions often take the

form of an administrative order, which is issued

directly under the authority of RCRA and imposes

enforceable legal duties. Orders can be used to

force a facility to comply with specific regulations;

to take corrective action; to perform monitoring,

testing, and analysis; or to address a threat to

human health and the environment. An

administrative order can be issued as a consent

order, which documents an agreement between

the Agency and the violator. EPA can issue four

types of administrative orders under RCRA:

ADMINISTRATIVE ENFORCEMENT ACTIONS: A CASE STUDY

Following a routine inspection at a university, four

facilities within the campus were found to be in

violation of various RCRA requirements involving the

management of hazardous wastes and the

preparation of emergency procedures. EPA initiated

an administrative action against the university to

assess appropriate civil penalties. After negotiations

with the university, EPA agreed to sign a consent

order to set the cash penalty at $69,570 and allow

the university to perform three supplemental

environmental projects worth $279,205. One project

was to promote pollution prevention in the school’s

laboratories; the second was a hazardous chemical

waste management training program to promote

environmental compliance; and the third was the

renovation of a building for use as a lead poison

resource center to promote public health within a

disadvantaged community.

EPA (or an authorized state) has a broad range

of enforcement options including:

• Administrative actions

• Civil actions

• Criminal actions.

A decision to pursue one of these options is

based on the nature and severity of the problem.

■ Administrative Actions

An administrative action is an enforcement

action taken by EPA or a state under its own

authority, without involving a court process.

Administrative enforcement actions can take

several forms, ranging from EPA or the state

authority issuing informal notices of

noncompliance, to orders that force facilities to

take a certain action. Administrative actions tend

to be resolved quickly and can often be quite

effective in forcing a handler to comply with

regulations or to remedy a potential threat to

human health or the environment. Two types of

administrative actions, informal actions and formal

actions, provide for enforcement response outside

the court system.

Informal Actions

An informal administrative action is any

communication from EPA or a state agency that

notifies the handler of a problem. It can take
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• Compliance orders — §3008(a) of RCRA

allows EPA to issue an order requiring any

person who is not complying with a

requirement of RCRA to take steps to come

into compliance. A compliance order may

require immediate compliance or may set out

a schedule for compliance. The order can

contain a penalty of up to $27,500 per day for

each day of noncompliance and can suspend

or revoke the facility’s permit or interim status.

When EPA issues a compliance order, the

person to whom the order is issued can

request a hearing on any factual provisions of

the order. If no hearing is requested, the

order will become final 30 days after it is

issued.

• Corrective action orders — §3008(h) allows

EPA to issue an order requiring corrective

action at an interim status facility when there

is evidence of a release of a hazardous waste

or a hazardous constituent into the

environment. EPA can issue a §3008(h) order

to require corrective action activities including

investigations, repairing liners, or pumping to

treat ground water contamination. In addition

to requiring corrective action, these orders can

suspend interim status and impose penalties of

up to $27,500 for each day of noncompliance

with the order (as discussed in Section III,

Chapter 9).

• §3013 orders — If EPA finds that a substantial

hazard to human health and the environment

exists, the Agency can issue an administrative

order under §3013. A §3013 order is used to

evaluate the nature and extent of the problem

through monitoring, analysis, and testing.

These orders can be issued either to the

current owner and operator of the facility or to

a past owner and operator (if the facility is not

currently in operation or if the present owner

and operator can not be expected to have

actual knowledge of the potential release).

Violation of §3013 orders can result in

penalties of up to $5,500 per day.

• §7003 orders — In any situation where an

imminent and substantial endangerment to

health or the environment is caused by the

handling of solid or hazardous wastes, EPA can

order any person contributing to the problem

to take steps to clean it up. This order can be

used against any contributing party, including

past or present generators, transporters, or

owners or operators of the site. Violation of

§7003 orders can result in penalties of up to

$5,500 per day (as discussed in Section III,

Chapter 9).

In Fiscal Year 1996, EPA initiated 1,186 formal

administrative actions (see Figure III-36).

■ Civil Actions

In addition to formal and informal

administrative actions, some statutory authorities

allow EPA to initiate civil actions, also known as

judicial actions. A civil action is a formal lawsuit,

filed in court, against a person who has either

failed to comply with a statutory or regulatory

requirement or administrative order, or against a

person who has contributed to a release of

hazardous waste or hazardous constituents. Civil

actions are often employed in situations that

present repeated or significant violations or where

there are serious environmental concerns.

Attorneys from the U.S. Department of Justice
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(DOJ) prosecute RCRA civil cases for EPA, while

the state attorneys general assume this role for the

states. In Fiscal Year 1996, EPA referred 1,280

cases for civil action (see Figure III-36).

Civil actions are useful in several situations.

When the person being sued has not complied

with a previously issued administrative order, the

courts may impose penalties to force the handler

to comply. When a long-term solution to a

problem is desired, a civil action may be helpful to

ensure proper supervision of the handler’s actions.

Civil actions may be used when noncompliance

with an administrative order presents a danger to

public health or the environment. They also may

provide stronger deterrence to noncompliance

than an administrative order, because civil judicial

cases can be costly and lengthy.

RCRA provides EPA the authority for filing four

different types of civil actions:

• Compliance action — Under §3008(a), the

federal government can file suit to force a

person to comply with any applicable RCRA

regulations. In federal actions, the court can

impose a penalty of up to $27,500 per day

per violation for noncompliance.

• Corrective action — In a situation where there

has been a release of hazardous waste or

hazardous constituents from a facility, the

federal government can sue to require the

facility to correct the problem and take any

CIVIL ENFORCEMENT ACTIONS: A CASE STUDY

EPA filed a complaint with a U.S. District Court

against a repeat violator, alleging noncompliance

with RCRA hazardous waste storage standards.

The violator, subject to a prior enforcement action,

had ignored a final administrative order issued by

EPA. That order required immediate compliance

with RCRA regulatory obligations and the payment

of $74,105 in civil penalties. Since the issuance of

the final order, the violator not only failed to pay any

of the assessed civil penalty, but continued to violate

the RCRA regulations. EPA sued the violator for

collection of the past due amount under the

administrative order, plus interest and costs, and a

further civil penalty for continuing and additional

violations. The federal judge in the case ordered the

violator to pay past administrative penalties, and to

pay an additional fine for violating the past order.

necessary response measures under §3008(h).

The court can also suspend or revoke a

facility’s interim status as a part of its order (as

discussed in Section III, Chapter 9).

• Monitoring and analysis — If EPA has issued a

monitoring and analysis order under §3013 of

RCRA and the person to whom the order was

issued fails to comply, the federal government

can sue to require compliance with the order.

In this type of case, the court can assess a

penalty of up to $5,500 per day of

noncompliance with these orders.

• Imminent and substantial endangerment — As

with a §7003 administrative order, when any

person has contributed or is contributing to an

imminent and substantial endangerment to

human health and the environment, the

federal government can sue the person to

require action to remove the hazard or

remedy any problem. If the Agency first

issued an administrative order, the court can

also impose a penalty of up to $5,500 for each

day of noncompliance with those orders (as

discussed in Section III, Chapter 9).

Frequently, several of the civil action

authorities will be used together in the same

lawsuit. This is particularly likely to happen where

a handler has been issued an administrative order

for violating a regulatory requirement, has ignored

that order, and is in continued noncompliance. In

this circumstance, a lawsuit can be filed that seeks
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Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

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penalties for violating the regulations, penalties for

violating the order, and a judge’s order requiring

future compliance with the regulations and the

administrative order.

■ Criminal Actions

In addition to administrative or civil actions,

EPA may also enforce against a facility through a

criminal action, depending on the nature and

severity of the violation. Criminal actions are

usually reserved for only the most serious

violations. A criminal action initiated by the

federal government or a state can result in the

imposition of fines or imprisonment. In Fiscal Year

1996, EPA initiated 262 criminal referrals (see

Figure III-36). Seven acts identified in §3008 of

RCRA are subject to criminal action and carry

criminal penalties. The penalties range from a fine

of up to $50,000 per day or a prison sentence of

up to five years, to a total fine up to $1 million and

up to 15 years in prison.

Six of the seven criminal acts carry a penalty of

up to $50,000 per day and up to five years in jail.

Stated briefly, these acts are knowingly:

• Transporting waste to a nonpermitted facility

• Treating, storing, or disposing of waste without

a permit or in violation of a material condition

of a permit or interim status standard

• Omitting important information from, or

making a false statement in a label, manifest,

report, permit, or interim status standard

• Generating, storing, treating, or disposing of

waste without complying with RCRA’s

recordkeeping and reporting requirements

• Transporting waste without a manifest

• Exporting a waste without the consent of the

receiving country.

The seventh criminal act is the knowing

transportation, treatment, storage, disposal, or

export of any hazardous waste in such a way that

another person is placed in imminent danger of

death or serious bodily injury. This act carries a

possible penalty of up to $250,000 or 15 years in

prison for an individual, or a $1 million fine for a

corporation.

CRIMINAL ENFORCEMENT ACTIONS: A CASE STUDY

A warehouse worker employed by a chemical

manufacturer was instructed by the president of the

company to dispose of unwanted hazardous

chemicals. The worker loaded the hazardous waste in

his pickup truck and dumped it in a dumpster located

in a low-income community. The president of the

chemical company later paid the worker $400 for

disposing of the chemicals. Upon discovery of the

hazardous waste, the residents of three nearby

apartment buildings had to be evacuated. The

company president was sentenced by a U.S. District

Court to five years probation, 200 hours of community

service, and more than $5,000 restitution for the

unlawful disposal of hazardous waste. The warehouse

worker was sentenced to five years probation, six

months of home detention, and more than $5,000 in

restitution. As part of the plea agreement, the

company was forced to pay $43,984 in restitution.
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CIVIL PENALTY POLICY

EPA’s Civil Penalty Policy is designed to provide

guidance and consistency in assessing noncriminal

penalty amounts for both administrative actions

and in settlements of civil judicial enforcement

actions. The policy serves many purposes,

including ensuring that:

• Penalties are assessed in a fair and consistent

manner

• Penalties are appropriate for the seriousness of

the violation

• Economic incentives for noncompliance are

eliminated

• Penalties are sufficient to deter persons from

committing RCRA violations

• Compliance is expeditiously achieved and

maintained.

Figure III-36:

FISCAL YEAR 1996

ENFORCEMENT ACTIVITIES

EPA’s penalty policy utilizes a calculation

system to determine the amount of a penalty,

based on four components. These components

include: 1) the gravity (i.e., severity) of the

particular violation; 2) the duration of the

violation; 3) the economic benefit gained through

noncompliance; and 4) any site-specific

adjustments (see Figure III-37).

One type of site-specific adjustment that

provides EPA with flexibility in assessing penalties

is called a supplemental environmental project.

OECA issued its Interim Revised Supplemental

Environmental Projects Policy in 1995. These are

environmentally beneficial projects which a

defendant or respondent agrees to undertake in

the settlement of a civil or administrative

enforcement action, but which the defendant is

not otherwise legally required to perform. For

example, a violator may agree to restore and

protect a wetland or an endangered species

habitat. In appropriate circumstances, EPA may

adjust the final settlement penalty for a violator

who agrees to perform a project so that it is lower

compared to that of a violator who does not agree

to perform such a project.

2.1%

EPA Criminal Referrals

(262 cases)

EPA Civil Actions

(1,280 cases)

EPA Formal 

Administrative Actions

(1,186 cases)

State Enforcement Actions

(9,739 cases)

78.1%

10.3% 9.5%

Gravity + + / - Adjustments = Penalty Economic

Benefit

Figure III-37:

CIVIL PENALTY CALCULATION
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ENFORCEMENT AT FEDERAL ENFORCEMENT AT FEDERAL

FACILITIES

In the past, federal facilities have been subject

to the RCRA regulations, but not to civil fines or

penalties. This limited waiver of sovereign

immunity made enforcement at federal facilities

less effective. In 1992, however, Congress passed

the Federal Facilities Compliance Act, which

expressly waived

sovereign immunity

against civil fines and

penalties and clarified

that EPA has the

authority to issue

administrative

enforcement orders

against a federal department or agency in the

same manner and under the same circumstances

as an action taken against another person. No

EPA issued administrative order becomes final

until the federal department or agency has had

the opportunity to confer with the EPA

Administrator.

COMPLIANCE ASSISTANCE AND

INCENTIVES

Over the past few years, EPA has issued

numerous policies to provide compliance

assistance and incentives to the regulated

community. By helping businesses understand the

regulations, and by providing certain incentives for

compliance, EPA hopes to move closer to its goal

of ensuring compliance with all RCRA

requirements. Two policies in achieving this goal

are the Final Policy on Compliance Incentives for

Small Businesses and Incentives for Self-Policing:

Discovery, Disclosure, Correction and Prevention

of Violations (also known as the EPA Audit Policy).

■ Small Business Compliance Incentives

and Assistance

The Final Policy on Compliance Incentives for

Small Businesses is intended to promote

environmental compliance among small

businesses by providing incentives to participate in

compliance assistance programs, conduct audits,

and promptly correct violations. A small business

is defined as a person, corporation, partnership, or

other entity who employs 100 or fewer

individuals, across all

facilities and operations

owned by the entity.

The policy sets

guidelines for EPA and

the states on reducing

or waiving penalties for

small businesses that

make good faith efforts

to correct violations.

Under this policy,

EPA may eliminate or mitigate its settlement

penalties based on certain criteria. The small

business needs to make a good faith effort to

comply with applicable environmental

requirements by either detecting a violation during

on-site compliance assistance from a government

or government-supported program, or by

conducting an internal audit and promptly

disclosing in writing all violations discovered as

part of the audit. The violation should also be the

first for the small business; this policy does not

apply to businesses that have been subject to

warning letters or any other type of enforcement

action. The small business needs to also correct

the violation within the time period allowed,

which in most cases is 180 days. For the policy to

apply, the violation also can neither be one that

has caused actual serious harm to human health

or the environment, nor one that involves criminal

conduct.
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To assist businesses in complying with the

regulations, OECA, in conjunction with industry,

academic institutions, environmental groups, and

other agencies, has opened compliance assistance

centers. These centers provide assistance to small

businesses, in addition to providing industryspecific information to state and local government

officials. The compliance centers serve members

of industries such as printing, metal finishing,

automotive services and repair, and agriculture.

■ Self-Audit Policy

EPA's policy regarding Incentives for SelfPolicing: Discovery, Disclosure, Correction and

Prevention of Violations encourages regulated

entities to voluntarily discover, disclose, and

correct violations of environmental requirements.

This policy is designed not only to encourage

greater compliance with the laws, but also to

achieve maximum compliance through active

efforts by the regulated community.

The Agency provides incentives, such as

eliminating or reducing the gravity component of

civil penalties by 75 percent, for companies that

conduct voluntary audits. EPA also may choose

not to recommend criminal prosecution of a

regulated entity based on voluntary disclosure of

violations that are discovered through audits and

disclosed to the government before an

investigation occurs.

The policy has certain limitations. As with the

small business policy, companies may not be able

to gain relief under this policy for repeated

violations, violations that present a serious or

imminent harm to human health or the

environment, or violations that involve criminal

activity. Also, the violation should be discovered

through an environmental audit or through a

documented, systematic procedure which reflects

the company’s due diligence in preventing,

detecting, and correcting violations. To receive

the penalty mitigation, the regulated entity should

correct the violation within 60 days, unless written

notice is provided indicating a longer time frame,

and needs to certify in writing that the violations

have been corrected. Finally, the regulated entity

needs to take steps to prevent a recurrence of the

violation.

AGENCY FUNCTIONS

Responsibility for the various components that

make up the RCRA enforcement program is

divided among different EPA Headquarters offices,

the EPA Regions, and state agencies. EPA

Headquarters is responsible for setting nationwide

policy, monitoring regional and state activities,

and providing technical support. The EPA Regions

take primary federal responsibility for performing

inspections, issuing administrative orders,

preparing civil actions, monitoring compliance

with administrative and judicial orders, and

providing support to DOJ for ongoing lawsuits. As

with many other aspects of the RCRA program,

responsibility for enforcement is largely

decentralized. Authorized states take primary

responsibility for enforcement in close

cooperation with their respective EPA Region.

EPA, however, retains its authority to take

enforcement actions in authorized states if the

state fails to do so, does not obtain acceptable

results, or requests EPA assistance.

SUMMARY

There are three essential elements to RCRA’s

enforcement program: compliance monitoring,

enforcement actions, and compliance assistance

and incentives.
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Compliance monitoring is used to determine a

handler’s level of compliance with RCRA’s

regulatory requirements. The primary method of

collecting compliance monitoring data is through

an inspection.

Either EPA or an authorized state may lead

inspections. Inspections must be conducted

annually at all federal- or state-operated facilities

and at least once every two years at each TSDF.

The six types of inspections conducted under the

RCRA program are:

• Compliance evaluation inspection

• Case development inspection

• Comprehensive ground water monitoring

evaluation

• Compliance sampling inspection

• Operations and maintenance inspection

• Laboratory audit.

The primary goal of enforcement actions is to

bring facilities into compliance and ensure future

compliance. The enforcement options available

under RCRA are:

• Administrative actions, including informal and

formal actions

• Civil actions

• Criminal actions.

EPA uses the guidelines in the Civil Penalty

Policy for assessing penalty amounts and uses the

Interim Revised Supplemental Environmental

Projects Policy to allow for flexibility in assessing

penalties.

Enforcement of RCRA at federal facilities is

now similar to enforcement at TSDFs, as a result

of the Federal Facility Compliance Act of 1992.

To achieve greater compliance, EPA also offers

compliance assistance through numerous policies,

including Final Policy on Compliance Incentives for

Small Businesses and Incentives for Self-Policing:

Discovery, Disclosure, Correction and Prevention

of Violations.

The responsibility for the various enforcement

actions is divided among different EPA

Headquarters offices, EPA Regions, and authorized

state agencies.