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Use of Administrative Orders under RCRA Section 7003

Memorandum addresses the meaning of imminent and substantial endangerment (ISE),  the legal requirements for initiating administrative and judicial actions under 7003, case screening factors, enforcement actions against violators of 7003 orders, and the relationship of Section 7003 to other authorities that allow EPA to address potential endangerment and harm to health or the environment. Includes a matrix to determine the appropriate penalties for violations. Issued 10/20/1997.

The Agency updates this penalty matrix for the RCRA § 7003 civil penalty policy in compliance with the “Civil Monetary Penalty Inflation Adjustment Rule.” The rule, which is mandated by the 1990 Federal Civil Penalties Inflation Adjustment Act, requires adjustments to the maximum civil monetary penalties to keep pace with inflation and to maintain the deterrent effect. The latest revised penalty matrix was issued on January 23, 2020.

For information on the current and past revisions to the penalty matrix located on page 43 of the 1997document, visit the Penalty Matrix for RCRA Section 7003 Civil Penalty Policy web page.

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