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U.S. Code as of:
01/19/04
Section 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.
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