33 U.S. Code § 1318 - Records and reports; inspections

(a) Maintenance; monitoring equipment; entry; access to information
Whenever required to carry out the objective of this chapter, including but not limited to
(1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition, or effluent standard, pretreatment standard, or standard of performance under this chapter;
(2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, or standard of performance;
(3) any requirement established under this section; or
(4) carrying out sections 1315, 1321, 1342, 1344 (relating to State permit programs), 1345, and 1364 of this title—
(A) the Administrator shall require the owner or operator of any point source to
(i) establish and maintain such records,
(ii) make such reports,
(iii) install, use, and maintain such monitoring equipment or methods (including where appropriate, biological monitoring methods),
(iv) sample such effluents (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and
(v) provide such other information as he may reasonably require; and
(B) the Administrator or his authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of his credentials—
(i) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under clause (A) of this subsection are located, and
(ii) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under clause (A), and sample any effluents which the owner or operator of such source is required to sample under such clause.
(b) Availability to public; trade secrets exception; penalty for disclosure of confidential information
Any records, reports, or information obtained under this section (1) shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and (2) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18. Any authorized representative of the Administrator (including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.
(c) Application of State law
Each State may develop and submit to the Administrator procedures under State law for inspection, monitoring, and entry with respect to point sources located in such State. If the Administrator finds that the procedures and the law of any State relating to inspection, monitoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State (except with respect to point sources owned or operated by the United States).
(d) Access by Congress
Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of Congress, to such committee.

Source

(June 30, 1948, ch. 758, title III, § 308, as added Pub. L. 92–500, § 2,Oct. 18, 1972, 86 Stat. 858; amended Pub. L. 95–217, § 67(c)(1),Dec. 27, 1977, 91 Stat. 1606; Pub. L. 100–4, title III, § 310, title IV, § 406(d)(1),Feb. 4, 1987, 101 Stat. 41, 73.)
Amendments

1987—Subsec. (a). Pub. L. 100–4, § 406(d)(1), substituted “1345, and 1364” for “and 1364” in cl. (4).
Subsec. (a)(B). Pub. L. 100–4, § 310(a)(2), inserted “(including an authorized contractor acting as a representative of the Administrator)” after “representative”.
Subsec. (b). Pub. L. 100–4, § 310(a)(1), substituted a period and “Any authorized representative of the Administrator (including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.” for “, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.”
Subsec. (d). Pub. L. 100–4, § 310(b), added subsec. (d).
1977—Subsec. (a)(4). Pub. L. 95–217inserted “1344 (relating to State permit programs),” after “sections 1315, 1321, 1342,” in provisions preceding subpar. (A).

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

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33 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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40 CFR - Protection of Environment

40 CFR Part 2 - PUBLIC INFORMATION

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 133 - SECONDARY TREATMENT REGULATION

40 CFR Part 413 - ELECTROPLATING POINT SOURCE CATEGORY

40 CFR Part 420 - IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY

40 CFR Part 425 - LEATHER TANNING AND FINISHING POINT SOURCE CATEGORY

40 CFR Part 430 - THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY

40 CFR Part 432 - MEAT AND POULTRY PRODUCTS POINT SOURCE CATEGORY

40 CFR Part 433 - METAL FINISHING POINT SOURCE CATEGORY

40 CFR Part 435 - OIL AND GAS EXTRACTION POINT SOURCE CATEGORY

40 CFR Part 437 - THE CENTRALIZED WASTE TREATMENT POINT SOURCE CATEGORY

40 CFR Part 438 - METAL PRODUCTS AND MACHINERY POINT SOURCE CATEGORY

40 CFR Part 439 - PHARMACEUTICAL MANUFACTURING POINT SOURCE CATEGORY

40 CFR Part 442 - TRANSPORTATION EQUIPMENT CLEANING POINT SOURCE CATEGORY

40 CFR Part 444 - WASTE COMBUSTORS POINT SOURCE CATEGORY

40 CFR Part 445 - LANDFILLS POINT SOURCE CATEGORY

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR Part 463 - PLASTICS MOLDING AND FORMING POINT SOURCE CATEGORY

40 CFR Part 464 - METAL MOLDING AND CASTING POINT SOURCE CATEGORY

40 CFR Part 469 - ELECTRICAL AND ELECTRONIC COMPONENTS POINT SOURCE CATEGORY

 

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