--- kind: "section" citation: "42 U.S.C. § 6934" title: "42" title_heading: "The Public Health and Welfare" number: "6934" heading: "Monitoring, analysis, and testing" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/6934" units: - "Chapter 82 — Solid Waste Disposal" - "Subchapter III — Hazardous Waste Management" --- # §6934. Monitoring, analysis, and testing - (a) **Authority of Administrator—** If the [Administrator](/usc/42/6903.md?p=1) determines, upon receipt of any information, that— - (1) the presence of any [hazardous waste](/usc/42/6903.md?p=5) at a facility or site at which [hazardous waste](/usc/42/6903.md?p=5) is, or has been, stored, treated, or disposed of, or - (2) the release of any such waste from such facility or site may present a substantial hazard to human health or the environment, he may issue an order requiring the [owner](/usc/42/13641.md?p=4) or operator of such facility or site to conduct such monitoring, testing, analysis, and reporting with respect to such facility or site as the [Administrator](/usc/42/6903.md?p=1) deems reasonable to ascertain the nature and extent of such hazard. - (b) **Previous owners and operators—** In the case of any facility or site not in operation at the time a determination is made under [subsection (a)](#a) with respect to the facility or site, if the [Administrator](/usc/42/6903.md?p=1) finds that the [owner](/usc/42/13641.md?p=4) of such facility or site could not reasonably be expected to have actual knowledge of the presence of [hazardous waste](/usc/42/6903.md?p=5) at such facility or site and of its potential for release, he may issue an order requiring the most recent previous [owner](/usc/42/13641.md?p=4) or operator of such facility or site who could reasonably be expected to have such actual knowledge to carry out the actions referred to in [subsection (a)](#a). - (c) **Proposal—** An order under subsection [(a)](#a) or [(b)](#b) shall require the [person](/usc/42/6903.md?p=15) to whom such order is issued to submit to the [Administrator](/usc/42/6903.md?p=1) within 30 days from the issuance of such order a proposal for carrying out the required monitoring, testing, analysis, and reporting. The [Administrator](/usc/42/6903.md?p=1) may, after providing such [person](/usc/42/6903.md?p=15) with an opportunity to confer with the [Administrator](/usc/42/6903.md?p=1) respecting such proposal, require such [person](/usc/42/6903.md?p=15) to carry out such monitoring, testing, analysis, and reporting in accordance with such proposal, and such modifications in such proposal as the [Administrator](/usc/42/6903.md?p=1) deems reasonable to ascertain the nature and extent of the hazard. - (d) **Monitoring, etc., carried out by Administrator—** - (1) If the [Administrator](/usc/42/6903.md?p=1) determines that no [owner](/usc/42/13641.md?p=4) or operator referred to in subsection [(a)](#a) or [(b)](#b) is able to conduct monitoring, testing, analysis, or reporting satisfactory to the [Administrator](/usc/42/6903.md?p=1), if the [Administrator](/usc/42/6903.md?p=1) deems any such action carried out by an [owner](/usc/42/13641.md?p=4) or operator to be unsatisfactory, or if the [Administrator](/usc/42/6903.md?p=1) cannot initially determine that there is an [owner](/usc/42/13641.md?p=4) or operator referred to in subsection [(a)](#a) or [(b)](#b) who is able to conduct such monitoring, testing, analysis, or reporting, he may— - (A) conduct monitoring, testing, or analysis (or any combination thereof) which he deems reasonable to ascertain the nature and extent of the hazard associated with the site concerned, or - (B) authorize a [State](/usc/42/6903.md?p=31) or local authority or other [person](/usc/42/6903.md?p=15) to carry out any such action, and require, by order, the [owner](/usc/42/13641.md?p=4) or operator referred to in subsection [(a)](#a) or [(b)](#b) to reimburse the [Administrator](/usc/42/6903.md?p=1) or other authority or [person](/usc/42/6903.md?p=15) for the costs of such activity. - (2) No order may be issued under this subsection requiring reimbursement of the costs of any action carried out by the [Administrator](/usc/42/6903.md?p=1) which confirms the results of an order issued under subsection [(a)](#a) or [(b)](#b). - (3) For purposes of carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) or any authority or other [person](/usc/42/6903.md?p=15) authorized under [paragraph (1)](#d-1), may exercise the authorities set forth in [section 6927 of this title](/usc/42/6927.md). - (e) **Enforcement—** The [Administrator](/usc/42/6903.md?p=1) may commence a civil action against any [person](/usc/42/6903.md?p=15) who fails or refuses to comply with any order issued under this section. Such action shall be brought in the United States district court in which the defendant is located, resides, or is doing business. Such court shall have jurisdiction to require compliance with such order and to assess a civil penalty of not to exceed $5,000 for each day during which such failure or refusal occurs. ## Source credit (Pub. L. 89–272, title II, § 3013, as added Pub. L. 96–482, § 17(a), Oct. 21, 1980, 94 Stat. 2344.) ## Notes ### Executive Documents ### Transfer of Functions For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.