a permit shall become final unless, no later than 30 days after the order or notice of the suspension or revocation is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this Section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (c) Any order issued under this Section shall state with reasonable specificity the nature of the violation and specify a time for compliance and assess a penalty, if any, which the Administrator determines is a reasonable period and penalty taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements. (a) Any person who knowingly violates any requirement of this Act or commits any prohibited act shall, upon conviction, be subject to a fine of not more than $25,000 for each day of violation, or to imprisonment not to exceed one year, or both. Sec. 7. RESEARCH, DEVELOPMENT, INVESTIGATIONS, TECHNICAL ASSISTANCE AND OTHER ACTIVITIES (a) The Administrator shall conduct, encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, development, investigations, experiments, surveys, and studies relating to- (1) any adverse health and welfare effects on the release into the environment of material present in waste, and methods to eliminate such effects; (2) the operation or financing of waste management programs; (3) the development and application of new and improved methods of collecting and disposing of waste and processing and recovering materials and energy from wastes; and (4) the reduction of waste generation and the recovery of secondary materials and energy from solid, liquid, and semi-solid wastes. (b) In carrying out the provisions of the preceding subsection, the Administrator is authorized to- (1) collect and make available, through. publication and other appropriate means, the results of, and other information pertaining to, such research and other activities, including appropriate recommendations in connection therewith; (2) cooperate with public and private agencies, (3) make grants-in-aid to and contract with (c) The Interstate Commerce Commission, the Federal Maritime Commission, and the Office of Oil and Gas in the Department of the Interior, in consultation with the Environmental Protection Agency and with other Federal agencies as appropriate, shall conduct within twelve months of the date of enactment of this Act and submit to Congress, a thorough and complete study of rate setting practices with regard to the carriage of secondary materials by rail and ocean carriers. Such study shall include a comparison of such practices with rate setting practices with regard to other materials and shall examine the extent to which, if at all, there is discrimination against secondary materials. Sec. 8. INSPECTIONS (a) For the purpose of developing or assisting in the development of any regulation or enforcing the provisions of this Act, any person who stores, treats, transports, disposes of, or otherwise handles hazardous wastes shall, upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. (b) For the purposes of developing or assisting in the development of any regulation or enforcing the provisions of this Act, officers or employees duly designated by the Administrator are authorized (1) to enter at reasonable times, any establishment or other place maintained by any person where hazardous wastes are stored, treated, or disposed of; (2) to inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes. Before undertaking such inspection, the officers or employees must present to the owner, operator, or agent in charge of the establishment or other place where hazardous wastes are stored, treated, or disposed of appropriate credentials and a written statement as to the reason for the inspection. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and if requested a portion of each such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. (c) Any records, reports, or information obtained from any person under this subsection 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, to which the Administrator has access under this section if made public, would divulge information entitled to protection. under section 1905 of Title 18 of the United States Code, the Administrator shall consider such information or particular portion thereof confidential in accordance within the purposes of that section. Sec. 9. ENCOURAGEMENT OF INTERSTATE AND INTERLOCAL The Administrator shall encourage cooperative activities by the States and local governments in connection with waste disposal programs, encourage, where practicable, interstate, interlocal, and regional planning for, and the conduct of, interstate, interlocal, and regional hazardous waste disposal programs; and encourage the enactment of improved and, so far as practicable, uniform State and local laws governing waste disposal. Sec. 10. IMMINENT HAZARD (a) An imminent hazard shall be considered to exist when the Administrator has reason to believe that handling or storage of a hazardous waste presents an imminent and substantial danger to human health or other living organisms the continued operation of a disposal site will result in such danger when a State or local authority has not acted to eliminate such risk. (b) If an imminent hazard exists, the Administrator may request the Attorney General to petition the district court of the United States in the district where such hazard exists, to order any disposal site operator or other person having custody of such waste to take such action as is necessary to eliminate the imminent hazard, including, but not limited to, permanent or temporary cessation of operation of a disposal site, or such other remedial measures as the court deems appropriate. Sec. 11. PROHIBITED ACTS The following acts and the causing thereof are prohibited and shall be subject to enforcement in accordance with the provisions of subsection 6 (d) of this Act- (a) Operating any disposal site for hazardous waste identified pursuant to Section 5 without having obtained an operating permit pursuant to such Section. (b) Disposing of hazardous waste identified pursuant to Section 5 in a manner not in compliance with requirements under Section 5. (c) Failure to comply with the requirements of Section 5 in labeling containers used for the storage, transport, or disposal of hazardous waste. (d) Failure to comply with (1) the conditions of any Federal permit issued under this Act, (2) any regulation promulgated by the Administrator pursuant to Section 4 (a) (2) or Section 5 of this Act, or (3) any order issued by the Administrator pursuant to this Act. Sec. 12. APPLICATION OF STANDARDS TO FEDERAL AGENCIES (a) Each department, agency, and instrumentality of the Executive, Legislative, and Judicial Branches of the Federal Government having jurisdiction over any property or facility, or engaged in any activity which generates, or which may generate, wastes shall insure compliance with such standards pursuant to subsections 4(a) (2), 5(a), and 5(c) as may be established by the Administrator for the treatment and disposal of such wastes. (b) The President or his designee may exempt any facility or activity of any department, agency, or instrumentality in the Executive Branch from compliance with guidelines established under section 4 if he determines it to be in the paramount interest of the United States to do so. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the President's or his designee's making of a new determination. The Administrator shall ascertain the exemptions granted under this subsection and shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year. (c) Within 18 months after enactment of this Act and from time to time thereafter, the Administrator, in consultation with other appropriate Federal agencies, shall identify products which can utilize significant quantities of secondary materials and shall issue guidelines with respect to the inclusion of such secondary materials to the maximum extent practicable in products procured by the Federal government. (d) In any proceeding initiated before the Interstate Commerce Commission or the Federal Maritime Commission after the enactment of this Act where a determination is made by such Commission as to any individual or joint rate, fare, or charge whatsoever demanded, charged, or collected by any common carrier or carriers, a specific finding by the Commission will be required that such rate, fare or charge does not or will not cause discrimination against secondary materials. Sec. 13. CITIZEN SUITS (a) Except as provided in subsection (b) any person may commence a civil action for injunctive relief |