Private Monitoring of Hazardous Waste Sites: A Primer on §3013 Orders

May 1984
Citation:
14
ELR 10202
Issue
5
Author
Janet D. Smith

Editors' Summary: The federal government has broad authority to protect the public health and the environment from hazardous substance pollution, but that power often must sit idle until the nature of the hazard posed by a given disposal site can be determined. EPA can investigate apparently hazardous disposal sites itself, for example under §104(b) of CERCLA. The Agency also orders private parties to conduct preliminary investigations of sites. Under RCRA §7003 and CERCLA §106(a) EPA orders monitoring of sites believed to present imminent and substantial endangerment to public health or the environment. The broadest authority to order monitoring of hazardous waste sites is found in RCRA §3013; authority that EPA has used in an increasing number of cases in recent years. In this Article, Ms. Smith, who has negotiated a number of §3013 orders, examines the bounds of EPA's authority under the section and offers practical suggestions for the recipient of §3013 orders.

Ms. Smith is with the New York City law firm of Winer, Neuburger & Sive. The author gratefully acknowledges the guidance of Daniel Riesel in shaping the Article and the assistance of Maria Basile in preparing the manuscript.

Article File