Criminal Provisions of the Resource Conservation and Recovery Act (RCRA)
On this page are general descriptions of the criminal provisions under the Resource Conservation and Recovery Act.
Treatment, storage, or disposal without a permit
Treatment, storage, or disposal in violation of a permit
Transportation of Hazardous Waste without a Manifest
Transportation to a Unpermitted Facility
RCRA False Statement
Knowing Alteration, Destruction, or Concealment of Records
Knowing Endangerment
Illegal Export of Hazardous Waste
Treatment, storage, or disposal without a permit
Elements:
- A person
- Knowingly
- Treats, stores, or disposes of a hazardous waste without a permit
- Knowingly
Statute: 42 U.S.C. 6928(d)(2)(A)
Penalty:
- 5 years and/or up to $50,000 per day violation
- Penalties double for subsequent violations
Relevant Regulations:40 C.F.R. 260 - 265
Treatment, storage, or disposal in violation of a permit
Elements:
- A Person
- Knowingly
- Treats, stores, or disposes of a hazardous waste in knowing violation of a material permit condition
- Knowingly
Statute: 42 U.S.C. 6928(d)(2)(B) and (C)
Penalty:
- 2 years and/or up to $50,000 per day violation
- Penalties double for subsequent violations
Relevant Regulations: 40 C.F.R. 260 - 265
Transportation of Hazardous Waste without a Manifest
Elements:
- A Person
- Knowingly
- Transport or causes to be transported a hazardous waste without a manifest where one is required by the regulations
- Knowingly
Statute: 42 U.S.C. 6928(d)(5)
Penalty:
- 2 years and/or up to $50,000 per day violation
- Penalties double for subsequent corrections
Transportation to a Unpermitted Facility
Elements:
- A Person
- Knowingly
- Transports or causes to be transported a hazardous waste to a facility that does not have a permit
- Knowingly
Statute:42 U.S.C. 6928(d)(1)
Penalty:
- 5 years and/or up to $50,000 per day violation
- Penalties double for subsequent violations
Relevant Regulations:40 C.F.R. 260 - 265
RCRA False Statement
Elements:
- A person owns or operates a source
- Knowingly
- Omits material information or makes any false statement in any document filed or used for purposes of compliance with Subtitle C (RCRA hazardous waste regulations) a document
- The false statement or representation is material
- Knowingly
Statute:42 U.S.C. 6928(d)(3)
Penalty:
- 2 years and/or up to $50,000 per day violation
- Penalties double for subsequent violations
Knowing Alteration, Destruction, or Concealment of Records
Elements:
- A Person
- Generates, stores, treats, transports, disposes of, exports, or otherwise handles hazardous waste and;
- Knowingly alters, destroys, conceals, or fails to file records required to be maintained or filed pursuant to Subtitle C
Statute:42 U.S.C. 6928(d)(4)
Penalty:
- 5 years and/or up to $50,000 per day violation
- Penalties double for subsequent violations.
Relevant Regulations: 40 C.F.R. 260 - 265
Knowing Endangerment
Elements:
- A Person
- Knowingly
- Transports, treats, stores, disposes of, or exports a hazardous waste in violation of 42 U.S.C. 6928(d)(1) - (7) and;
- Knew that such acts put another person in imminent danger of death or serious bodily injury
- Knowingly
Statute: 42 U.S.C. 6928(e)
Penalty:
- 15 years and/or up to $250,000 or $1,000,000 if an organization
Relevant Regulations: 40 C.F.R. 260 - 265
Illegal Export of Hazardous Waste
Elements:
- A Person
- Knowingly
- Exports a hazardous waste without consent of the receiving country or in violation of an international agreement between the United States and the receiving country
- Knowingly
Statute: 42 U.S.C. 6928(d)(6)
Penalty:
- 5 years and/or up to $50,000 per day violation
- Penalties double for subsequent violations
Relevant Regulations: 40 C.F.R 260 - 265