§ 1318. — Records and reports; inspections.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1318]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 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.
(June 30, 1948, ch. 758, title III, Sec. 308, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 858; amended Pub. L. 95-217,
Sec. 67(c)(1), Dec. 27, 1977, 91 Stat. 1606; Pub. L. 100-4, title III,
Sec. 310, title IV, Sec. 406(d)(1), Feb. 4, 1987, 101 Stat. 41, 73.)
Amendments
1987--Subsec. (a). Pub. L. 100-4, Sec. 406(d)(1), substituted
``1345, and 1364'' for ``and 1364'' in cl. (4).
Subsec. (a)(B). Pub. L. 100-4, Sec. 310(a)(2), inserted ``(including
an authorized contractor acting as a representative of the
Administrator)'' after ``representative''.
Subsec. (b). Pub. L. 100-4, Sec. 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, Sec. 310(b), added subsec. (d).
1977--Subsec. (a)(4). Pub. L. 95-217 inserted ``1344 (relating to
State permit programs),'' after ``sections 1315, 1321, 1342,'' in
provisions preceding subpar. (A).
Section Referred to in Other Sections
This section is referred to in sections 1319, 1321, 1342, 1344, 1377
of this title; title 42 sections 7412, 9606.
