SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
Sec. 9611. Uses of Fund
(a) In general
For the purposes specified in this section there is authorized to be
appropriated from the Hazardous Substance Superfund established under
subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for
the 5-year period beginning on October 17, 1986, and not more than
$5,100,000,000 for the period commencing October 1, 1991, and ending
September 30, 1994, and such sums shall remain available until expended.
The preceding sentence constitutes a specific authorization for the
funds appropriated under title II of Public Law 99-160 (relating to
payment to the Hazardous Substances Trust Fund). The President shall use
the money in the Fund for the following purposes:
(1) Payment of governmental response costs incurred pursuant to
section 9604 of this title, including costs incurred pursuant to the
Intervention on the High Seas Act [33 U.S.C. 1471 et seq.].
(2) Payment of any claim for necessary response costs incurred
by any other person as a result of carrying out the national
contingency plan established under section 1321(c) \1\ of title 33
and amended by section 9605 of this title: Provided, however, That
such costs must be approved under said plan and certified by the
responsible Federal official.
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(3) Payment of any claim authorized by subsection (b) of this
section and finally decided pursuant to section 9612 of this title,
including those costs set out in subsection 9612(c)(3) of this
title.
(4) Payment of costs specified under subsection (c) of this
section.
(5) Grants for technical assistance.--The cost of grants under
section 9617(e) of this title (relating to public participation
grants for technical assistance).
(6) Lead contaminated soil.--Payment of not to exceed
$15,000,000 for the costs of a pilot program for removal,
decontamination, or other action with respect to lead-contaminated
soil in one to three different metropolitan areas.
The President shall not pay for any administrative costs or expenses out
of the Fund unless such costs and expenses are reasonably necessary for
and incidental to the implementation of this subchapter.
(b) Additional authorized purposes
(1) In general
Claims asserted and compensable but unsatisfied under provisions
of section 1321 of title 33, which are modified by section 304 of
this Act may be asserted against the Fund under this subchapter; and
other claims resulting from a release or threat of release of a
hazardous substance from a vessel or a facility may be asserted
against the Fund under this subchapter for injury to, or destruction
or loss of, natural resources, including cost for damage assessment:
Provided, however, That any such claim may be asserted only by the
President, as trustee, for natural resources over which the United
States has sovereign rights, or natural resources within the
territory or the fishery conservation zone of the United States to
the extent they are managed or protected by the United States, or by
any State for natural resources within the boundary of that State
belonging to, managed by, controlled by, or appertaining to the
State, or by any Indian tribe or by the United States acting on
behalf of any Indian tribe for natural resources belonging to,
managed by, controlled by, or appertaining to such tribe, or held in
trust for the benefit of such tribe, or belonging to a member of
such tribe if such resources are subject to a trust restriction on
alienation.
(2) Limitation on payment of natural resource claims
(A) General requirements
No natural resource claim may be paid from the Fund unless
the President determines that the claimant has exhausted all
administrative and judicial remedies to recover the amount of
such claim from persons who may be liable under section 9607 of
this title.
(B) Definition
As used in this paragraph, the term ``natural resource
claim means any claim for injury to, or destruction or loss
of, natural resources. The term does not include any claim for
the costs of natural resource damage assessment.
(c) Peripheral matters and limitations
Uses of the Fund under subsection (a) of this section include--
(1) The costs of assessing both short-term and long-term injury
to, destruction of, or loss of any natural resources resulting from
a release of a hazardous substance.
(2) The costs of Federal or State or Indian tribe efforts in the
restoration, rehabilitation, or replacement or acquiring the
equivalent of any natural resources injured, destroyed, or lost as a
result of a release of a hazardous substance.
(3) Subject to such amounts as are provided in appropriation
Acts, the costs of a program to identify, investigate, and take
enforcement and abatement action against releases of hazardous
substances.
(4) Any costs incurred in accordance with subsection (m) of this
section (relating to ATSDR) and section 9604(i) of this title,
including the costs of epidemiologic and laboratory studies, health
assessments, preparation of toxicologic profiles, development and
maintenance of a registry of persons exposed to hazardous substances
to allow long-term health effect studies, and diagnostic services
not otherwise available to determine whether persons in populations
exposed to hazardous substances in connection with a release or a
suspected release are suffering from long-latency diseases.
(5) Subject to such amounts as are provided in appropriation
Acts, the costs of providing equipment and similar overhead, related
to the purposes of this chapter and section 1321 of title 33, and
needed to supplement equipment and services available through
contractors or other non-Federal entities, and of establishing and
maintaining damage assessment capability, for any Federal agency
involved in strike forces, emergency task forces, or other response
teams under the national contingency plan.
(6) Subject to such amounts as are provided in appropriation
Acts, the costs of a program to protect the health and safety of
employees involved in response to hazardous substance releases. Such
program shall be developed jointly by the Environmental Protection
Agency, the Occupational Safety and Health Administration, and the
National Institute for Occupational Safety and Health and shall
include, but not be limited to, measures for identifying and
assessing hazards to which persons engaged in removal, remedy, or
other response to hazardous substances may be exposed, methods to
protect workers from such hazards, and necessary regulatory and
enforcement measures to assure adequate protection of such
employees.
(7) Evaluation costs under petition provisions of section
9605(d).--Costs incurred by the President in evaluating facilities
pursuant to petitions under section 9605(d) of this title (relating
to petitions for assessment of release).
(8) Contract costs under section 9604(a)(1).--The costs of
contracts or arrangements entered into under section 9604(a)(1) of
this title to oversee and review the conduct of remedial
investigations and feasibility studies undertaken by persons other
than the President and the costs of appropriate Federal and State
oversight of remedial activities at National Priorities List sites
resulting from consent orders or settlement agreements.
(9) Acquisition costs under section 9604(j).--The costs incurred
by the President in acquiring real estate or interests in real
estate under section 9604(j) of this title (relating to acquisition
of property).
(10) Research, development, and demonstration costs under
section 9660.--The cost of carrying out section 9660 of this title
(relating to research, development, and demonstration), except that
the amounts available for such purposes shall not exceed the amounts
specified in subsection (n) of this section.
(11) Local government reimbursement.--Reimbursements to local
governments under section 9623 of this title, except that during the
8-fiscal year period beginning October 1, 1986, not more than 0.1
percent of the total amount appropriated from the Fund may be used
for such reimbursements.
(12) Worker training and education grants.--The costs of grants
under section 9660a of this title for training and education of
workers to the extent that such costs do not exceed $20,000,000 for
each of the fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993,
and 1994.
(13) Awards under section 9609.--The costs of any awards granted
under section 9609(d) of this title.
(14) Lead poisoning study.--The cost of carrying out the study
under subsection (f) of section 118 of the Superfund Amendments and
Reauthorization Act of 1986 (relating to lead poisoning in
children).
(d) Additional limitations
(1) No money in the Fund may be used under subsection (c)(1) and (2)
of this section, nor for the payment of any claim under subsection (b)
of this section, where the injury, destruction, or loss of natural
resources and the release of a hazardous substance from which such
damages resulted have occurred wholly before December 11, 1980.
(2) No money in the Fund may be used for the payment of any claim
under subsection (b) of this section where such expenses are associated
with injury or loss resulting from long-term exposure to ambient
concentrations of air pollutants from multiple or diffuse sources.
(e) Funding requirements respecting moneys in Fund; limitation on
certain claims; Fund use outside Federal property boundaries
(1) Claims against or presented to the Fund shall not be valid or
paid in excess of the total money in the Fund at any one time. Such
claims become valid only when additional money is collected,
appropriated, or otherwise added to the Fund. Should the total claims
outstanding at any time exceed the current balance of the Fund, the
President shall pay such claims, to the extent authorized under this
section, in full in the order in which they were finally determined.
(2) In any fiscal year, 85 percent of the money credited to the Fund
under subchapter II \2\ of this chapter shall be available only for the
purposes specified in paragraphs (1), (2), and (4) of subsection (a) of
this section. No money in the Fund may be used for the payment of any
claim under subsection (a)(3) or subsection (b) of this section in any
fiscal year for which the President determines that all of the Fund is
needed for response to threats to public health from releases or
threatened releases of hazardous substances.
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(3) No money in the Fund shall be available for remedial action,
other than actions specified in subsection (c) of this section, with
respect to federally owned facilities; except that money in the Fund
shall be available for the provision of alternative water supplies
(including the reimbursement of costs incurred by a municipality) in any
case involving groundwater contamination outside the boundaries of a
federally owned facility in which the federally owned facility is not
the only potentially responsible party.
(4) Paragraphs (1) and (4) of subsection (a) of this section shall
in the aggregate be subject to such amounts as are provided in
appropriation Acts.
(f) Obligation of moneys by Federal officials; obligation of moneys or
settlement of claims by State officials or Indian tribe
The President is authorized to promulgate regulations designating
one or more Federal officials who may obligate money in the Fund in
accordance with this section or portions thereof. The President is also
authorized to delegate authority to obligate money in the Fund or to
settle claims to officials of a State or Indian tribe operating under a
contract or cooperative agreement with the Federal Government pursuant
to section 9604(d) of this title.
(g) Notice to potential injured parties by owner and operator of vessel
or facility causing release of substance; rules and regulations
The President shall provide for the promulgation of rules and
regulations with respect to the notice to be provided to potential
injured parties by an owner and operator of any vessel, or facility from
which a hazardous substance has been released. Such rules and
regulations shall consider the scope and form of the notice which would
be appropriate to carry out the purposes of this subchapter. Upon
promulgation of such rules and regulations, the owner and operator of
any vessel or facility from which a hazardous substance has been
released shall provide notice in accordance with such rules and
regulations. With respect to releases from public vessels, the President
shall provide such notification as is appropriate to potential injured
parties. Until the promulgation of such rules and regulations, the owner
and operator of any vessel or facility from which a hazardous substance
has been released shall provide reasonable notice to potential injured
parties by publication in local newspapers serving the affected area.
(h) Repealed. Pub. L. 99-499, title I, Sec. 111(c)(2), Oct. 17, 1986,
100 Stat. 1643
(i) Restoration, etc., of natural resources
Except in a situation requiring action to avoid an irreversible loss
of natural resources or to prevent or reduce any continuing danger to
natural resources or similar need for emergency action, funds may not be
used under this chapter for the restoration, rehabilitation, or
replacement or acquisition of the equivalent of any natural resources
until a plan for the use of such funds for such purposes has been
developed and adopted by affected Federal agencies and the Governor or
Governors of any State having sustained damage to natural resources
within its borders, belonging to, managed by or appertaining to such
State, and by the governing body of any Indian tribe having sustained
damage to natural resources belonging to, managed by, controlled by, or
appertaining to such tribe, or held in trust for the benefit of such
tribe, or belonging to a member of such tribe if such resources are
subject to a trust restriction on alienation, after adequate public
notice and opportunity for hearing and consideration of all public
comment.
(j) Use of Post-closure Liability Fund
The President shall use the money in the Post-closure Liability Fund
for any of the purposes specified in subsection (a) of this section with
respect to a hazardous waste disposal facility for which liability has
transferred to such fund under section 9607(k) of this title, and, in
addition, for payment of any claim or appropriate request for costs of
response, damages, or other compensation for injury or loss under
section 9607 of this title or any other State or Federal law, resulting
from a release of a hazardous substance from such a facility.
(k) Inspector General
In each fiscal year, the Inspector General of each department,
agency, or instrumentality of the United States which is carrying out
any authority of this chapter shall conduct an annual audit of all
payments, obligations, reimbursements, or other uses of the Fund in the
prior fiscal year, to assure that the Fund is being properly
administered and that claims are being appropriately and expeditiously
considered. The audit shall include an examination of a sample of
agreements with States (in accordance with the provisions of the Single
Audit Act [31 U.S.C. 7501 et seq.]) carrying out response actions under
this subchapter and an examination of remedial investigations and
feasibility studies prepared for remedial actions. The Inspector General
shall submit to the Congress an annual report regarding the audit report
required under this subsection. The report shall contain such
recommendations as the Inspector General deems appropriate. Each
department, agency, or instrumentality of the United States shall
cooperate with its inspector general in carrying out this subsection.
(l) Foreign claimants
To the extent that the provisions of this chapter permit, a foreign
claimant may assert a claim to the same extent that a United States
claimant may assert a claim if--
(1) the release of a hazardous substance occurred (A) in the
navigable waters or (B) in or on the territorial sea or adjacent
shoreline of a foreign country of which the claimant is a resident;
(2) the claimant is not otherwise compensated for his loss;
(3) the hazardous substance was released from a facility or from
a vessel located adjacent to or within the navigable waters or was
discharged in connection with activities conducted under the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) or
the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501 et seq.);
and
(4) recovery is authorized by a treaty or an executive agreement
between the United States and foreign country involved, or if the
Secretary of State, in consultation with the Attorney General and
other appropriate officials, certifies that such country provides a
comparable remedy for United States claimants.
(m) Agency for Toxic Substances and Disease Registry
There shall be directly available to the Agency for Toxic Substances
and Disease Registry to be used for the purpose of carrying out
activities described in subsection (c)(4) of this section and section
9604(i) of this title not less than $50,000,000 per fiscal year for each
of fiscal years 1987 and 1988, not less than $55,000,000 for fiscal year
1989, and not less than $60,000,000 per fiscal year for each of fiscal
years 1990, 1991, 1992, 1993, and 1994. Any funds so made available
which are not obligated by the end of the fiscal year in which made
available shall be returned to the Fund.
(n) Limitations on research, development, and demonstration program
(1) Section 9660(b)
For each of the fiscal years 1987, 1988, 1989, 1990, 1991, 1992,
1993, and 1994, not more than $20,000,000 of the amounts available
in the Fund may be used for the purposes of carrying out the applied
research, development, and demonstration program for alternative or
innovative technologies and training program authorized under
section 9660(b) of this title (relating to research, development,
and demonstration) other than basic research. Such amounts shall
remain available until expended.
(2) Section 9660(a)
From the amounts available in the Fund, not more than the
following amounts may be used for the purposes of section 9660(a) of
this title (relating to hazardous substance research, demonstration,
and training activities):
(A) For the fiscal year 1987, $3,000,000.
(B) For the fiscal year 1988, $10,000,000.
(C) For the fiscal year 1989, $20,000,000.
(D) For the fiscal year 1990, $30,000,000.
(E) For each of the fiscal years 1991, 1992, 1993, and 1994,
$35,000,000.
No more than 10 percent of such amounts shall be used for training
under section 9660(a) of this title in any fiscal year.
(3) Section 9660(d)
For each of the fiscal years 1987, 1988, 1989, 1990, 1991, 1992,
1993, and 1994, not more than $5,000,000 of the amounts available in
the Fund may be used for the purposes of section 9660(d) of this
title (relating to university hazardous substance research centers).
(o) Notification procedures for limitations on certain payments
Not later than 90 days after October 17, 1986, the President shall
develop and implement procedures to adequately notify, as soon as
practicable after a site is included on the National Priorities List,
concerned local and State officials and other concerned persons of the
limitations, set forth in subsection (a)(2) of this section, on the
payment of claims for necessary response costs incurred with respect to
such site.
(p) General revenue share of Superfund
(1) In general
The following sums are authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, to the Hazardous
Substance Superfund:
(A) For fiscal year 1987, $212,500,000.
(B) For fiscal year 1988, $212,500,000.
(C) For fiscal year 1989, $212,500,000.
(D) For fiscal year 1990, $212,500,000.
(E) For fiscal year 1991, $212,500,000.
(F) For fiscal year 1992, $212,500,000.
(G) For fiscal year 1993, $212,500,000.
(H) For fiscal year 1994, $212,500,000.
In addition there is authorized to be appropriated to the Hazardous
Substance Superfund for each fiscal year an amount equal to so much
of the aggregate amount authorized to be appropriated under this
subsection (and paragraph (2) of section 9631(b) \3\ of this title)
as has not been appropriated before the beginning of the fiscal year
involved.
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(2) Computation
The amounts authorized to be appropriated under paragraph (1) of
this subsection in a given fiscal year shall be available only to
the extent that such amount exceeds the amount determined by the
Secretary under section 9507(b)(2) of title 26 for the prior fiscal
year.
(Pub. L. 96-510, title I, Sec. 111, Dec. 11, 1980, 94 Stat. 2788; Pub.
L. 99-499, title I, Sec. 111, title II, Sec. 207(d), Oct. 17, 1986, 100
Stat. 1642, 1706; Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat.
857; Pub. L. 101-508, title VI, Sec. 6301, Nov. 5, 1990, 104 Stat. 1388-
319.)
References in Text
Title II of Public Law 99-160 (relating to payment to the Hazardous
Substances Trust Fund), referred to in subsec. (a), is title II of Pub.
L. 99-160, Nov. 25, 1985, 99 Stat. 914. Provisions of title II relating
to the Hazardous Substance Response Trust Fund are not classified to the
Code. For complete classification of this Act to the Code, see Tables.
The Intervention on the High Seas Act, referred to in subsec.
(a)(1), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended, which
is classified generally to chapter 28 (Sec. 1471 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of this Act
to the Code, see Short Title note set out under section 1471 of Title 33
and Tables.
Section 1321(c) of title 33, referred to in subsec. (a)(2), was
amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug. 18,
1990, 104 Stat. 523, and no longer contains provisions establishing a
National Contingency Plan. However, such provisions are contained in
section 1321(d) of Title 33, Navigation and Navigable Waters.
Section 304 of this Act, referred to in subsec. (b), is section 304
of Pub. L. 96-510, title III, Dec. 11, 1980, 94 Stat. 2809, which
enacted section 9654 of this title and amended section 1364 of Title 33.
Fishery conservation zone, referred to in subsec. (b), probably
means the fishery conservation zone established by section 1811 of Title
16, Conservation, which as amended generally by Pub. L. 99-659, title I,
Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United States
sovereign rights and fishery management authority over fish within the
exclusive economic zone as defined in section 1802 of Title 16.
Subsection (f) of section 118 of the Superfund Amendments and
Reauthorization Act of 1986, referred to in subsec. (c)(14), is section
118(f) of Pub. L. 99-499, title I, Oct. 17, 1986, 100 Stat. 1657, which
is not classified to the Code.
Subchapter II of this chapter, referred to in subsec. (e)(2), was in
the original ``title II of this Act, meaning title II of Pub. L. 96-
510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance
Response Revenue Act of 1980, which enacted subchapter II of this
chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26,
Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96-510,
which were classified to sections 9631 to 9633 and 9641 of this title,
comprising subchapter II of this chapter, were repealed by Pub. L. 99-
499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767,
1774. For complete classification of title II to the Code, see Short
Title of 1980 Amendment note set out under section 1 of Title 26 and
Tables.
The Single Audit Act, referred to in subsec. (k), probably means the
Single Audit Act of 1984, Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327,
as amended, which is classified generally to chapter 75 (Sec. 7501 et
seq.) of Title 31, Money and Finance. For complete classification of
this Act to the Code, see Short Title note set out under section 7501 of
Title 31 and Tables.
The Outer Continental Shelf Lands Act as amended, referred to in
subsec. (l)(3), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
which is classified generally to subchapter III (Sec. 1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section 1331 of
Title 43 and Tables.
The Deepwater Port Act of 1974, as amended, referred to in subsec.
(l)(3), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended,
which is classified generally to chapter 29 (Sec. 1501 et seq.) of Title
33, Navigation and Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1501 of
Title 33 and Tables.
Section 9631(b) of this title, referred to in subsec. (p)(1), was
repealed by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986, 100
Stat. 1774.
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 6301(1), inserted ``and not
more than $5,100,000,000 for the period commencing October 1, 1991, and
ending September 30, 1994, after ``October 17, 1986, in introductory
provisions.
Subsec. (c)(11). Pub. L. 101-508, Sec. 6301(2), substituted ``8-
fiscal year period for ``5-fiscal-year period.
Subsec. (c)(12). Pub. L. 101-508, Sec. 6301(3), substituted ``1991,
1992, 1993, and 1994 for ``and 1991.
Subsec. (m). Pub. L. 101-508, Sec. 6301(4), substituted ``1990,
1991, 1992, 1993, and 1994 for ``1990 and 1991.
Subsec. (n)(1). Pub. L. 101-508, Sec. 6301(5), substituted ``1991,
1992, 1993, and 1994 for ``and 1991.
Subsec. (n)(2)(E). Pub. L. 101-508, Sec. 6301(6), added subpar. (E)
and struck out former subpar. (E) which read as follows: ``For the
fiscal year 1991, $35,000,000.
Subsec. (n)(3). Pub. L. 101-508, Sec. 6301(7), substituted ``1991,
1992, 1993, and 1994 for ``and 1991.
Subsec. (p)(1)(F) to (H). Pub. L. 101-508, Sec. 6301(8), added
subpars. (F) to (H).
1989--Subsec. (c)(12). Pub. L. 101-144, which directed that section
9611(c)(12) of the Superfund Amendments and Reauthorization Act of 1986
be amended by substituting ``$20,000,000 for ``$10,000,000, was
executed by making the substitution in subsec. (c)(12) of this section,
as the probable intent of Congress because the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. 99-499, does not contain a section
9611, but section 111(d)(2) of Pub. L. 99-499 enacted subsec. (c)(12) of
this section.
1986--Subsec. (a). Pub. L. 99-499, Sec. 111(a), (b), inserted
heading and ``For the purposes specified in this section there is
authorized to be appropriated from the Hazardous Substance Superfund
established under subchapter A of chapter 98 of title 26 not more than
$8,500,000,000 for the 5-year period beginning on October 17, 1986, and
such sums shall remain available until expended. The preceding sentence
constitutes a specific authorization for the funds appropriated under
title II of Public Law 99-160 (relating to payment to the Hazardous
Substances Trust Fund). in introductory provisions, substituted
``Payment for ``payment in pars. (1) to (4), a period for a
semicolon in pars. (1) and (2), and a period for ``; and in par. (3),
and added pars. (5) and (6).
Subsec. (b). Pub. L. 99-499, Secs. 111(c)(1), 207(d)(1), designated
existing provisions as par. (1), inserted ``, or by any Indian tribe or
by the United States acting on behalf of any Indian tribe for natural
resources belonging to, managed by, controlled by, or appertaining to
such tribe, or held in trust for the benefit of such tribe, or belonging
to a member of such tribe if such resources are subject to a trust
restriction on alienation in par. (1), and added par. (2).
Subsec. (c). Pub. L. 99-499, Secs. 111(d), 207(d)(2), in par. (1),
substituted ``The for ``the and substituted a period for the
semicolon at end, in par. (2), substituted ``The for ``the, inserted
``or Indian tribe and substituted a period for the semicolon at end,
in par. (3), substituted ``Subject for ``subject and substituted a
period for the semicolon at end, in par. (4), substituted ``Any costs
incurred in accordance with subsection (m) of this section (relating to
ATSDR) and section 9604(i) of this title, including the costs of
epidemiologic and laboratory studies, health assessments, preparation of
toxicologic profiles for ``the costs of epidemiologic studies and
substituted a period for the semicolon at end, in par. (5), substituted
a period for ``; and, in pars. (5) and (6), substituted ``Subject
for ``subject, and added pars. (7) to (14).
Subsec. (e)(2). Pub. L. 99-499, Sec. 111(e), inserted at end ``No
money in the Fund may be used for the payment of any claim under
subsection (a)(3) or subsection (b) of this section in any fiscal year
for which the President determines that all of the Fund is needed for
response to threats to public health from releases or threatened
releases of hazardous substances.
Subsec. (e)(3). Pub. L. 99-499, Sec. 111(f), inserted before the
period at end ``; except that money in the Fund shall be available for
the provision of alternative water supplies (including the reimbursement
of costs incurred by a municipality) in any case involving groundwater
contamination outside the boundaries of a federally owned facility in
which the federally owned facility is not the only potentially
responsible party.
Subsec. (f). Pub. L. 99-499, Sec. 207(d)(3), inserted ``or Indian
tribe.
Subsec. (h). Pub. L. 99-499, Sec. 111(c)(2), struck out subsec. (h)
which read as follows:
``(1) In accordance with regulations promulgated under section
9651(c) of this title, damages for injury to, destruction of, or loss of
natural resources resulting from a release of a hazardous substance, for
the purposes of this chapter and section 1321(f)(4) and (5) of title 33,
shall be assessed by Federal officials designated by the President under
the national contingency plan published under section 9605 of this
title, and such officials shall act for the President as trustee under
this section and section 1321(f)(5) of title 33.
``(2) Any determination or assessment of damages for injury to,
destruction of, or loss of natural resources for the purposes of this
chapter and section 1321(f)(4) and (5) of title 33 shall have the force
and effect of a rebuttable presumption on behalf of any claimant
(including a trustee under section 9607 of this title or a Federal
agency) in any judicial or adjudicatory administrative proceeding under
this chapter or section 1321 of title 33.
Subsec. (i). Pub. L. 99-499, Sec. 207(d)(4), inserted ``and by the
governing body of any Indian tribe having sustained damage to natural
resources belonging to, managed by, controlled by, or appertaining to
such tribe, or held in trust for the benefit of such tribe, or belonging
to a member of such tribe if such resources are subject to a trust
restriction on alienation, after ``State,.
Subsec. (k). Pub. L. 99-499, Sec. 111(g), amended subsec. (k)
generally. Prior to amendment, subsec. (k) read as follows: ``The
Inspector General of each department or agency to which responsibility
to obligate money in the Fund is delegated shall provide an audit review
team to audit all payments, obligations, reimbursements, or other uses
of the Fund, to assure that the Fund is being properly administered and
that claims are being appropriately and expeditiously considered. Each
such Inspector General shall submit to the Congress an interim report
one year after the establishment of the Fund and a final report two
years after the establishment of the Fund. Each such Inspector General
shall thereafter provide such auditing of the Fund as is appropriate.
Each Federal agency shall cooperate with the Inspector General in
carrying out this subsection.
Subsecs. (m) to (p). Pub. L. 99-499, Sec. 111(h), (i), added
subsecs. (m) to (p).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(k) of this section relating to the requirement that the Inspector
General submit an annual report to Congress on the audit report required
under subsec. (k), see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance, and the
7th item on page 151 of House Document No. 103-7.
Coordination of Titles I to IV of Pub. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any tax,
premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.
Section Referred to in Other Sections
This section is referred to in sections 6924, 6991b, 6991c, 9601,
9604, 9607, 9608, 9609, 9612, 9619, 9661 of this title; title 26 section
9507.
Sec. 9611. Uses of Fund
(a) In general
For the purposes specified in this section there is authorized to be
appropriated from the Hazardous Substance Superfund established under
subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for
the 5-year period beginning on October 17, 1986, and not more than
$5,100,000,000 for the period commencing October 1, 1991, and ending
September 30, 1994, and such sums shall remain available until expended.
The preceding sentence constitutes a specific authorization for the
funds appropriated under title II of Public Law 99-160 (relating to
payment to the Hazardous Substances Trust Fund). The President shall use
the money in the Fund for the following purposes:
(1) Payment of governmental response costs incurred pursuant to
section 9604 of this title, including costs incurred pursuant to the
Intervention on the High Seas Act [33 U.S.C. 1471 et seq.].
(2) Payment of any claim for necessary response costs incurred
by any other person as a result of carrying out the national
contingency plan established under section 1321(c) \1\ of title 33
and amended by section 9605 of this title: Provided, however, That
such costs must be approved under said plan and certified by the
responsible Federal official.
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(3) Payment of any claim authorized by subsection (b) of this
section and finally decided pursuant to section 9612 of this title,
including those costs set out in subsection 9612(c)(3) of this
title.
(4) Payment of costs specified under subsection (c) of this
section.
(5) Grants for technical assistance.--The cost of grants under
section 9617(e) of this title (relating to public participation
grants for technical assistance).
(6) Lead contaminated soil.--Payment of not to exceed
$15,000,000 for the costs of a pilot program for removal,
decontamination, or other action with respect to lead-contaminated
soil in one to three different metropolitan areas.
The President shall not pay for any administrative costs or expenses out
of the Fund unless such costs and expenses are reasonably necessary for
and incidental to the implementation of this subchapter.
(b) Additional authorized purposes
(1) In general
Claims asserted and compensable but unsatisfied under provisions
of section 1321 of title 33, which are modified by section 304 of
this Act may be asserted against the Fund under this subchapter; and
other claims resulting from a release or threat of release of a
hazardous substance from a vessel or a facility may be asserted
against the Fund under this subchapter for injury to, or destruction
or loss of, natural resources, including cost for damage assessment:
Provided, however, That any such claim may be asserted only by the
President, as trustee, for natural resources over which the United
States has sovereign rights, or natural resources within the
territory or the fishery conservation zone of the United States to
the extent they are managed or protected by the United States, or by
any State for natural resources within the boundary of that State
belonging to, managed by, controlled by, or appertaining to the
State, or by any Indian tribe or by the United States acting on
behalf of any Indian tribe for natural resources belonging to,
managed by, controlled by, or appertaining to such tribe, or held in
trust for the benefit of such tribe, or belonging to a member of
such tribe if such resources are subject to a trust restriction on
alienation.
(2) Limitation on payment of natural resource claims
(A) General requirements
No natural resource claim may be paid from the Fund unless
the President determines that the claimant has exhausted all
administrative and judicial remedies to recover the amount of
such claim from persons who may be liable under section 9607 of
this title.
(B) Definition
As used in this paragraph, the term ``natural resource
claim means any claim for injury to, or destruction or loss
of, natural resources. The term does not include any claim for
the costs of natural resource damage assessment.
(c) Peripheral matters and limitations
Uses of the Fund under subsection (a) of this section include--
(1) The costs of assessing both short-term and long-term injury
to, destruction of, or loss of any natural resources resulting from
a release of a hazardous substance.
(2) The costs of Federal or State or Indian tribe efforts in the
restoration, rehabilitation, or replacement or acquiring the
equivalent of any natural resources injured, destroyed, or lost as a
result of a release of a hazardous substance.
(3) Subject to such amounts as are provided in appropriation
Acts, the costs of a program to identify, investigate, and take
enforcement and abatement action against releases of hazardous
substances.
(4) Any costs incurred in accordance with subsection (m) of this
section (relating to ATSDR) and section 9604(i) of this title,
including the costs of epidemiologic and laboratory studies, health
assessments, preparation of toxicologic profiles, development and
maintenance of a registry of persons exposed to hazardous substances
to allow long-term health effect studies, and diagnostic services
not otherwise available to determine whether persons in populations
exposed to hazardous substances in connection with a release or a
suspected release are suffering from long-latency diseases.
(5) Subject to such amounts as are provided in appropriation
Acts, the costs of providing equipment and similar overhead, related
to the purposes of this chapter and section 1321 of title 33, and
needed to supplement equipment and services available through
contractors or other non-Federal entities, and of establishing and
maintaining damage assessment capability, for any Federal agency
involved in strike forces, emergency task forces, or other response
teams under the national contingency plan.
(6) Subject to such amounts as are provided in appropriation
Acts, the costs of a program to protect the health and safety of
employees involved in response to hazardous substance releases. Such
program shall be developed jointly by the Environmental Protection
Agency, the Occupational Safety and Health Administration, and the
National Institute for Occupational Safety and Health and shall
include, but not be limited to, measures for identifying and
assessing hazards to which persons engaged in removal, remedy, or
other response to hazardous substances may be exposed, methods to
protect workers from such hazards, and necessary regulatory and
enforcement measures to assure adequate protection of such
employees.
(7) Evaluation costs under petition provisions of section
9605(d).--Costs incurred by the President in evaluating facilities
pursuant to petitions under section 9605(d) of this title (relating
to petitions for assessment of release).
(8) Contract costs under section 9604(a)(1).--The costs of
contracts or arrangements entered into under section 9604(a)(1) of
this title to oversee and review the conduct of remedial
investigations and feasibility studies undertaken by persons other
than the President and the costs of appropriate Federal and State
oversight of remedial activities at National Priorities List sites
resulting from consent orders or settlement agreements.
(9) Acquisition costs under section 9604(j).--The costs incurred
by the President in acquiring real estate or interests in real
estate under section 9604(j) of this title (relating to acquisition
of property).
(10) Research, development, and demonstration costs under
section 9660.--The cost of carrying out section 9660 of this title
(relating to research, development, and demonstration), except that
the amounts available for such purposes shall not exceed the amounts
specified in subsection (n) of this section.
(11) Local government reimbursement.--Reimbursements to local
governments under section 9623 of this title, except that during the
8-fiscal year period beginning October 1, 1986, not more than 0.1
percent of the total amount appropriated from the Fund may be used
for such reimbursements.
(12) Worker training and education grants.--The costs of grants
under section 9660a of this title for training and education of
workers to the extent that such costs do not exceed $20,000,000 for
each of the fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993,
and 1994.
(13) Awards under section 9609.--The costs of any awards granted
under section 9609(d) of this title.
(14) Lead poisoning study.--The cost of carrying out the study
under subsection (f) of section 118 of the Superfund Amendments and
Reauthorization Act of 1986 (relating to lead poisoning in
children).
(d) Additional limitations
(1) No money in the Fund may be used under subsection (c)(1) and (2)
of this section, nor for the payment of any claim under subsection (b)
of this section, where the injury, destruction, or loss of natural
resources and the release of a hazardous substance from which such
damages resulted have occurred wholly before December 11, 1980.
(2) No money in the Fund may be used for the payment of any claim
under subsection (b) of this section where such expenses are associated
with injury or loss resulting from long-term exposure to ambient
concentrations of air pollutants from multiple or diffuse sources.
(e) Funding requirements respecting moneys in Fund; limitation on
certain claims; Fund use outside Federal property boundaries
(1) Claims against or presented to the Fund shall not be valid or
paid in excess of the total money in the Fund at any one time. Such
claims become valid only when additional money is collected,
appropriated, or otherwise added to the Fund. Should the total claims
outstanding at any time exceed the current balance of the Fund, the
President shall pay such claims, to the extent authorized under this
section, in full in the order in which they were finally determined.
(2) In any fiscal year, 85 percent of the money credited to the Fund
under subchapter II \2\ of this chapter shall be available only for the
purposes specified in paragraphs (1), (2), and (4) of subsection (a) of
this section. No money in the Fund may be used for the payment of any
claim under subsection (a)(3) or subsection (b) of this section in any
fiscal year for which the President determines that all of the Fund is
needed for response to threats to public health from releases or
threatened releases of hazardous substances.
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(3) No money in the Fund shall be available for remedial action,
other than actions specified in subsection (c) of this section, with
respect to federally owned facilities; except that money in the Fund
shall be available for the provision of alternative water supplies
(including the reimbursement of costs incurred by a municipality) in any
case involving groundwater contamination outside the boundaries of a
federally owned facility in which the federally owned facility is not
the only potentially responsible party.
(4) Paragraphs (1) and (4) of subsection (a) of this section shall
in the aggregate be subject to such amounts as are provided in
appropriation Acts.
(f) Obligation of moneys by Federal officials; obligation of moneys or
settlement of claims by State officials or Indian tribe
The President is authorized to promulgate regulations designating
one or more Federal officials who may obligate money in the Fund in
accordance with this section or portions thereof. The President is also
authorized to delegate authority to obligate money in the Fund or to
settle claims to officials of a State or Indian tribe operating under a
contract or cooperative agreement with the Federal Government pursuant
to section 9604(d) of this title.
(g) Notice to potential injured parties by owner and operator of vessel
or facility causing release of substance; rules and regulations
The President shall provide for the promulgation of rules and
regulations with respect to the notice to be provided to potential
injured parties by an owner and operator of any vessel, or facility from
which a hazardous substance has been released. Such rules and
regulations shall consider the scope and form of the notice which would
be appropriate to carry out the purposes of this subchapter. Upon
promulgation of such rules and regulations, the owner and operator of
any vessel or facility from which a hazardous substance has been
released shall provide notice in accordance with such rules and
regulations. With respect to releases from public vessels, the President
shall provide such notification as is appropriate to potential injured
parties. Until the promulgation of such rules and regulations, the owner
and operator of any vessel or facility from which a hazardous substance
has been released shall provide reasonable notice to potential injured
parties by publication in local newspapers serving the affected area.
(h) Repealed. Pub. L. 99-499, title I, Sec. 111(c)(2), Oct. 17, 1986,
100 Stat. 1643
(i) Restoration, etc., of natural resources
Except in a situation requiring action to avoid an irreversible loss
of natural resources or to prevent or reduce any continuing danger to
natural resources or similar need for emergency action, funds may not be
used under this chapter for the restoration, rehabilitation, or
replacement or acquisition of the equivalent of any natural resources
until a plan for the use of such funds for such purposes has been
developed and adopted by affected Federal agencies and the Governor or
Governors of any State having sustained damage to natural resources
within its borders, belonging to, managed by or appertaining to such
State, and by the governing body of any Indian tribe having sustained
damage to natural resources belonging to, managed by, controlled by, or
appertaining to such tribe, or held in trust for the benefit of such
tribe, or belonging to a member of such tribe if such resources are
subject to a trust restriction on alienation, after adequate public
notice and opportunity for hearing and consideration of all public
comment.
(j) Use of Post-closure Liability Fund
The President shall use the money in the Post-closure Liability Fund
for any of the purposes specified in subsection (a) of this section with
respect to a hazardous waste disposal facility for which liability has
transferred to such fund under section 9607(k) of this title, and, in
addition, for payment of any claim or appropriate request for costs of
response, damages, or other compensation for injury or loss under
section 9607 of this title or any other State or Federal law, resulting
from a release of a hazardous substance from such a facility.
(k) Inspector General
In each fiscal year, the Inspector General of each department,
agency, or instrumentality of the United States which is carrying out
any authority of this chapter shall conduct an annual audit of all
payments, obligations, reimbursements, or other uses of the Fund in the
prior fiscal year, to assure that the Fund is being properly
administered and that claims are being appropriately and expeditiously
considered. The audit shall include an examination of a sample of
agreements with States (in accordance with the provisions of the Single
Audit Act [31 U.S.C. 7501 et seq.]) carrying out response actions under
this subchapter and an examination of remedial investigations and
feasibility studies prepared for remedial actions. The Inspector General
shall submit to the Congress an annual report regarding the audit report
required under this subsection. The report shall contain such
recommendations as the Inspector General deems appropriate. Each
department, agency, or instrumentality of the United States shall
cooperate with its inspector general in carrying out this subsection.
(l) Foreign claimants
To the extent that the provisions of this chapter permit, a foreign
claimant may assert a claim to the same extent that a United States
claimant may assert a claim if--
(1) the release of a hazardous substance occurred (A) in the
navigable waters or (B) in or on the territorial sea or adjacent
shoreline of a foreign country of which the claimant is a resident;
(2) the claimant is not otherwise compensated for his loss;
(3) the hazardous substance was released from a facility or from
a vessel located adjacent to or within the navigable waters or was
discharged in connection with activities conducted under the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) or
the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501 et seq.);
and
(4) recovery is authorized by a treaty or an executive agreement
between the United States and foreign country involved, or if the
Secretary of State, in consultation with the Attorney General and
other appropriate officials, certifies that such country provides a
comparable remedy for United States claimants.
(m) Agency for Toxic Substances and Disease Registry
There shall be directly available to the Agency for Toxic Substances
and Disease Registry to be used for the purpose of carrying out
activities described in subsection (c)(4) of this section and section
9604(i) of this title not less than $50,000,000 per fiscal year for each
of fiscal years 1987 and 1988, not less than $55,000,000 for fiscal year
1989, and not less than $60,000,000 per fiscal year for each of fiscal
years 1990, 1991, 1992, 1993, and 1994. Any funds so made available
which are not obligated by the end of the fiscal year in which made
available shall be returned to the Fund.
(n) Limitations on research, development, and demonstration program
(1) Section 9660(b)
For each of the fiscal years 1987, 1988, 1989, 1990, 1991, 1992,
1993, and 1994, not more than $20,000,000 of the amounts available
in the Fund may be used for the purposes of carrying out the applied
research, development, and demonstration program for alternative or
innovative technologies and training program authorized under
section 9660(b) of this title (relating to research, development,
and demonstration) other than basic research. Such amounts shall
remain available until expended.
(2) Section 9660(a)
From the amounts available in the Fund, not more than the
following amounts may be used for the purposes of section 9660(a) of
this title (relating to hazardous substance research, demonstration,
and training activities):
(A) For the fiscal year 1987, $3,000,000.
(B) For the fiscal year 1988, $10,000,000.
(C) For the fiscal year 1989, $20,000,000.
(D) For the fiscal year 1990, $30,000,000.
(E) For each of the fiscal years 1991, 1992, 1993, and 1994,
$35,000,000.
No more than 10 percent of such amounts shall be used for training
under section 9660(a) of this title in any fiscal year.
(3) Section 9660(d)
For each of the fiscal years 1987, 1988, 1989, 1990, 1991, 1992,
1993, and 1994, not more than $5,000,000 of the amounts available in
the Fund may be used for the purposes of section 9660(d) of this
title (relating to university hazardous substance research centers).
(o) Notification procedures for limitations on certain payments
Not later than 90 days after October 17, 1986, the President shall
develop and implement procedures to adequately notify, as soon as
practicable after a site is included on the National Priorities List,
concerned local and State officials and other concerned persons of the
limitations, set forth in subsection (a)(2) of this section, on the
payment of claims for necessary response costs incurred with respect to
such site.
(p) General revenue share of Superfund
(1) In general
The following sums are authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, to the Hazardous
Substance Superfund:
(A) For fiscal year 1987, $212,500,000.
(B) For fiscal year 1988, $212,500,000.
(C) For fiscal year 1989, $212,500,000.
(D) For fiscal year 1990, $212,500,000.
(E) For fiscal year 1991, $212,500,000.
(F) For fiscal year 1992, $212,500,000.
(G) For fiscal year 1993, $212,500,000.
(H) For fiscal year 1994, $212,500,000.
In addition there is authorized to be appropriated to the Hazardous
Substance Superfund for each fiscal year an amount equal to so much
of the aggregate amount authorized to be appropriated under this
subsection (and paragraph (2) of section 9631(b) \3\ of this title)
as has not been appropriated before the beginning of the fiscal year
involved.
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(2) Computation
The amounts authorized to be appropriated under paragraph (1) of
this subsection in a given fiscal year shall be available only to
the extent that such amount exceeds the amount determined by the
Secretary under section 9507(b)(2) of title 26 for the prior fiscal
year.
(Pub. L. 96-510, title I, Sec. 111, Dec. 11, 1980, 94 Stat. 2788; Pub.
L. 99-499, title I, Sec. 111, title II, Sec. 207(d), Oct. 17, 1986, 100
Stat. 1642, 1706; Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat.
857; Pub. L. 101-508, title VI, Sec. 6301, Nov. 5, 1990, 104 Stat. 1388-
319.)
References in Text
Title II of Public Law 99-160 (relating to payment to the Hazardous
Substances Trust Fund), referred to in subsec. (a), is title II of Pub.
L. 99-160, Nov. 25, 1985, 99 Stat. 914. Provisions of title II relating
to the Hazardous Substance Response Trust Fund are not classified to the
Code. For complete classification of this Act to the Code, see Tables.
The Intervention on the High Seas Act, referred to in subsec.
(a)(1), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended, which
is classified generally to chapter 28 (Sec. 1471 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of this Act
to the Code, see Short Title note set out under section 1471 of Title 33
and Tables.
Section 1321(c) of title 33, referred to in subsec. (a)(2), was
amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug. 18,
1990, 104 Stat. 523, and no longer contains provisions establishing a
National Contingency Plan. However, such provisions are contained in
section 1321(d) of Title 33, Navigation and Navigable Waters.
Section 304 of this Act, referred to in subsec. (b), is section 304
of Pub. L. 96-510, title III, Dec. 11, 1980, 94 Stat. 2809, which
enacted section 9654 of this title and amended section 1364 of Title 33.
Fishery conservation zone, referred to in subsec. (b), probably
means the fishery conservation zone established by section 1811 of Title
16, Conservation, which as amended generally by Pub. L. 99-659, title I,
Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United States
sovereign rights and fishery management authority over fish within the
exclusive economic zone as defined in section 1802 of Title 16.
Subsection (f) of section 118 of the Superfund Amendments and
Reauthorization Act of 1986, referred to in subsec. (c)(14), is section
118(f) of Pub. L. 99-499, title I, Oct. 17, 1986, 100 Stat. 1657, which
is not classified to the Code.
Subchapter II of this chapter, referred to in subsec. (e)(2), was in
the original ``title II of this Act, meaning title II of Pub. L. 96-
510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance
Response Revenue Act of 1980, which enacted subchapter II of this
chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26,
Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96-510,
which were classified to sections 9631 to 9633 and 9641 of this title,
comprising subchapter II of this chapter, were repealed by Pub. L. 99-
499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767,
1774. For complete classification of title II to the Code, see Short
Title of 1980 Amendment note set out under section 1 of Title 26 and
Tables.
The Single Audit Act, referred to in subsec. (k), probably means the
Single Audit Act of 1984, Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327,
as amended, which is classified generally to chapter 75 (Sec. 7501 et
seq.) of Title 31, Money and Finance. For complete classification of
this Act to the Code, see Short Title note set out under section 7501 of
Title 31 and Tables.
The Outer Continental Shelf Lands Act as amended, referred to in
subsec. (l)(3), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
which is classified generally to subchapter III (Sec. 1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section 1331 of
Title 43 and Tables.
The Deepwater Port Act of 1974, as amended, referred to in subsec.
(l)(3), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended,
which is classified generally to chapter 29 (Sec. 1501 et seq.) of Title
33, Navigation and Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1501 of
Title 33 and Tables.
Section 9631(b) of this title, referred to in subsec. (p)(1), was
repealed by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986, 100
Stat. 1774.
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 6301(1), inserted ``and not
more than $5,100,000,000 for the period commencing October 1, 1991, and
ending September 30, 1994, after ``October 17, 1986, in introductory
provisions.
Subsec. (c)(11). Pub. L. 101-508, Sec. 6301(2), substituted ``8-
fiscal year period for ``5-fiscal-year period.
Subsec. (c)(12). Pub. L. 101-508, Sec. 6301(3), substituted ``1991,
1992, 1993, and 1994 for ``and 1991.
Subsec. (m). Pub. L. 101-508, Sec. 6301(4), substituted ``1990,
1991, 1992, 1993, and 1994 for ``1990 and 1991.
Subsec. (n)(1). Pub. L. 101-508, Sec. 6301(5), substituted ``1991,
1992, 1993, and 1994 for ``and 1991.
Subsec. (n)(2)(E). Pub. L. 101-508, Sec. 6301(6), added subpar. (E)
and struck out former subpar. (E) which read as follows: ``For the
fiscal year 1991, $35,000,000.
Subsec. (n)(3). Pub. L. 101-508, Sec. 6301(7), substituted ``1991,
1992, 1993, and 1994 for ``and 1991.
Subsec. (p)(1)(F) to (H). Pub. L. 101-508, Sec. 6301(8), added
subpars. (F) to (H).
1989--Subsec. (c)(12). Pub. L. 101-144, which directed that section
9611(c)(12) of the Superfund Amendments and Reauthorization Act of 1986
be amended by substituting ``$20,000,000 for ``$10,000,000, was
executed by making the substitution in subsec. (c)(12) of this section,
as the probable intent of Congress because the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. 99-499, does not contain a section
9611, but section 111(d)(2) of Pub. L. 99-499 enacted subsec. (c)(12) of
this section.
1986--Subsec. (a). Pub. L. 99-499, Sec. 111(a), (b), inserted
heading and ``For the purposes specified in this section there is
authorized to be appropriated from the Hazardous Substance Superfund
established under subchapter A of chapter 98 of title 26 not more than
$8,500,000,000 for the 5-year period beginning on October 17, 1986, and
such sums shall remain available until expended. The preceding sentence
constitutes a specific authorization for the funds appropriated under
title II of Public Law 99-160 (relating to payment to the Hazardous
Substances Trust Fund). in introductory provisions, substituted
``Payment for ``payment in pars. (1) to (4), a period for a
semicolon in pars. (1) and (2), and a period for ``; and in par. (3),
and added pars. (5) and (6).
Subsec. (b). Pub. L. 99-499, Secs. 111(c)(1), 207(d)(1), designated
existing provisions as par. (1), inserted ``, or by any Indian tribe or
by the United States acting on behalf of any Indian tribe for natural
resources belonging to, managed by, controlled by, or appertaining to
such tribe, or held in trust for the benefit of such tribe, or belonging
to a member of such tribe if such resources are subject to a trust
restriction on alienation in par. (1), and added par. (2).
Subsec. (c). Pub. L. 99-499, Secs. 111(d), 207(d)(2), in par. (1),
substituted ``The for ``the and substituted a period for the
semicolon at end, in par. (2), substituted ``The for ``the, inserted
``or Indian tribe and substituted a period for the semicolon at end,
in par. (3), substituted ``Subject for ``subject and substituted a
period for the semicolon at end, in par. (4), substituted ``Any costs
incurred in accordance with subsection (m) of this section (relating to
ATSDR) and section 9604(i) of this title, including the costs of
epidemiologic and laboratory studies, health assessments, preparation of
toxicologic profiles for ``the costs of epidemiologic studies and
substituted a period for the semicolon at end, in par. (5), substituted
a period for ``; and, in pars. (5) and (6), substituted ``Subject
for ``subject, and added pars. (7) to (14).
Subsec. (e)(2). Pub. L. 99-499, Sec. 111(e), inserted at end ``No
money in the Fund may be used for the payment of any claim under
subsection (a)(3) or subsection (b) of this section in any fiscal year
for which the President determines that all of the Fund is needed for
response to threats to public health from releases or threatened
releases of hazardous substances.
Subsec. (e)(3). Pub. L. 99-499, Sec. 111(f), inserted before the
period at end ``; except that money in the Fund shall be available for
the provision of alternative water supplies (including the reimbursement
of costs incurred by a municipality) in any case involving groundwater
contamination outside the boundaries of a federally owned facility in
which the federally owned facility is not the only potentially
responsible party.
Subsec. (f). Pub. L. 99-499, Sec. 207(d)(3), inserted ``or Indian
tribe.
Subsec. (h). Pub. L. 99-499, Sec. 111(c)(2), struck out subsec. (h)
which read as follows:
``(1) In accordance with regulations promulgated under section
9651(c) of this title, damages for injury to, destruction of, or loss of
natural resources resulting from a release of a hazardous substance, for
the purposes of this chapter and section 1321(f)(4) and (5) of title 33,
shall be assessed by Federal officials designated by the President under
the national contingency plan published under section 9605 of this
title, and such officials shall act for the President as trustee under
this section and section 1321(f)(5) of title 33.
``(2) Any determination or assessment of damages for injury to,
destruction of, or loss of natural resources for the purposes of this
chapter and section 1321(f)(4) and (5) of title 33 shall have the force
and effect of a rebuttable presumption on behalf of any claimant
(including a trustee under section 9607 of this title or a Federal
agency) in any judicial or adjudicatory administrative proceeding under
this chapter or section 1321 of title 33.
Subsec. (i). Pub. L. 99-499, Sec. 207(d)(4), inserted ``and by the
governing body of any Indian tribe having sustained damage to natural
resources belonging to, managed by, controlled by, or appertaining to
such tribe, or held in trust for the benefit of such tribe, or belonging
to a member of such tribe if such resources are subject to a trust
restriction on alienation, after ``State,.
Subsec. (k). Pub. L. 99-499, Sec. 111(g), amended subsec. (k)
generally. Prior to amendment, subsec. (k) read as follows: ``The
Inspector General of each department or agency to which responsibility
to obligate money in the Fund is delegated shall provide an audit review
team to audit all payments, obligations, reimbursements, or other uses
of the Fund, to assure that the Fund is being properly administered and
that claims are being appropriately and expeditiously considered. Each
such Inspector General shall submit to the Congress an interim report
one year after the establishment of the Fund and a final report two
years after the establishment of the Fund. Each such Inspector General
shall thereafter provide such auditing of the Fund as is appropriate.
Each Federal agency shall cooperate with the Inspector General in
carrying out this subsection.
Subsecs. (m) to (p). Pub. L. 99-499, Sec. 111(h), (i), added
subsecs. (m) to (p).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(k) of this section relating to the requirement that the Inspector
General submit an annual report to Congress on the audit report required
under subsec. (k), see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance, and the
7th item on page 151 of House Document No. 103-7.
Coordination of Titles I to IV of Pub. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any tax,
premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.
Section Referred to in Other Sections
This section is referred to in sections 6924, 6991b, 6991c, 9601,
9604, 9607, 9608, 9609, 9612, 9619, 9661 of this title; title 26 section
9507.
Sec. 9613. Civil proceedings
(a) Review of regulations in Circuit Court of Appeals of the United
States for the District of Columbia
Review of any regulation promulgated under this chapter may be had
upon application by any interested person only in the Circuit Court of
Appeals of the United States for the District of Columbia. Any such
application shall be made within ninety days from the date of
promulgation of such regulations. Any matter with respect to which
review could have been obtained under this subsection shall not be
subject to judicial review in any civil or criminal proceeding for
enforcement or to obtain damages or recovery of response costs.
(b) Jurisdiction; venue
Except as provided in subsections (a) and (h) of this section, the
United States district courts shall have exclusive original jurisdiction
over all controversies arising under this chapter, without regard to the
citizenship of the parties or the amount in controversy. Venue shall lie
in any district in which the release or damages occurred, or in which
the defendant resides, may be found, or has his principal office. For
the purposes of this section, the Fund shall reside in the District of
Columbia.
(c) Controversies or other matters resulting from tax collection or tax
regulation review
The provisions of subsections (a) and (b) of this section shall not
apply to any controversy or other matter resulting from the assessment
of collection of any tax, as provided by subchapter II \1\ of this
chapter, or to the review of any regulation promulgated under title 26.
---------------------------------------------------------------------------
\1\ See References in Text note below.
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(d) Litigation commenced prior to December 11, 1980
No provision of this chapter shall be deemed or held to moot any
litigation concerning any release of any hazardous substance, or any
damages associated therewith, commenced prior to December 11, 1980.
(e) Nationwide service of process
In any action by the United States under this chapter, process may
be served in any district where the defendant is found, resides,
transacts business, or has appointed an agent for the service of
process.
(f) Contribution
(1) Contribution
Any person may seek contribution from any other person who is
liable or potentially liable under section 9607(a) of this title,
during or following any civil action under section 9606 of this
title or under section 9607(a) of this title. Such claims shall be
brought in accordance with this section and the Federal Rules of
Civil Procedure, and shall be governed by Federal law. In resolving
contribution claims, the court may allocate response costs among
liable parties using such equitable factors as the court determines
are appropriate. Nothing in this subsection shall diminish the right
of any person to bring an action for contribution in the absence of
a civil action under section 9606 of this title or section 9607 of
this title.
(2) Settlement
A person who has resolved its liability to the United States or
a State in an administrative or judicially approved settlement shall
not be liable for claims for contribution regarding matters
addressed in the settlement. Such settlement does not discharge any
of the other potentially liable persons unless its terms so provide,
but it reduces the potential liability of the others by the amount
of the settlement.
(3) Persons not party to settlement
(A) If the United States or a State has obtained less than
complete relief from a person who has resolved its liability to the
United States or the State in an administrative or judicially
approved settlement, the United States or the State may bring an
action against any person who has not so resolved its liability.
(B) A person who has resolved its liability to the United States
or a State for some or all of a response action or for some or all
of the costs of such action in an administrative or judicially
approved settlement may seek contribution from any person who is not
party to a settlement referred to in paragraph (2).
(C) In any action under this paragraph, the rights of any person
who has resolved its liability to the United States or a State shall
be subordinate to the rights of the United States or the State. Any
contribution action brought under this paragraph shall be governed
by Federal law.
(g) Period in which action may be brought
(1) Actions for natural resource damages
Except as provided in paragraphs (3) and (4), no action may be
commenced for damages (as defined in section 9601(6) of this title)
under this chapter, unless that action is commenced within 3 years
after the later of the following:
(A) The date of the discovery of the loss and its connection
with the release in question.
(B) The date on which regulations are promulgated under
section 9651(c) of this title.
With respect to any facility listed on the National Priorities List
(NPL), any Federal facility identified under section 9620 of this
title (relating to Federal facilities), or any vessel or facility at
which a remedial action under this chapter is otherwise scheduled,
an action for damages under this chapter must be commenced within 3
years after the completion of the remedial action (excluding
operation and maintenance activities) in lieu of the dates referred
to in subparagraph (A) or (B). In no event may an action for damages
under this chapter with respect to such a vessel or facility be
commenced (i) prior to 60 days after the Federal or State natural
resource trustee provides to the President and the potentially
responsible party a notice of intent to file suit, or (ii) before
selection of the remedial action if the President is diligently
proceeding with a remedial investigation and feasibility study under
section 9604(b) of this title or section 9620 of this title
(relating to Federal facilities). The limitation in the preceding
sentence on commencing an action before giving notice or before
selection of the remedial action does not apply to actions filed on
or before October 17, 1986.
(2) Actions for recovery of costs
An initial action for recovery of the costs referred to in
section 9607 of this title must be commenced--
(A) for a removal action, within 3 years after completion of
the removal action, except that such cost recovery action must
be brought within 6 years after a determination to grant a
waiver under section 9604(c)(1)(C) of this title for continued
response action; and
(B) for a remedial action, within 6 years after initiation
of physical on-site construction of the remedial action, except
that, if the remedial action is initiated within 3 years after
the completion of the removal action, costs incurred in the
removal action may be recovered in the cost recovery action
brought under this subparagraph.
In any such action described in this subsection, the court shall
enter a declaratory judgment on liability for response costs or
damages that will be binding on any subsequent action or actions to
recover further response costs or damages. A subsequent action or
actions under section 9607 of this title for further response costs
at the vessel or facility may be maintained at any time during the
response action, but must be commenced no later than 3 years after
the date of completion of all response action. Except as otherwise
provided in this paragraph, an action may be commenced under section
9607 of this title for recovery of costs at any time after such
costs have been incurred.
(3) Contribution
No action for contribution for any response costs or damages may
be commenced more than 3 years after--
(A) the date of judgment in any action under this chapter
for recovery of such costs or damages, or
(B) the date of an administrative order under section
9622(g) of this title (relating to de minimis settlements) or
9622(h) of this title (relating to cost recovery settlements) or
entry of a judicially approved settlement with respect to such
costs or damages.
(4) Subrogation
No action based on rights subrogated pursuant to this section by
reason of payment of a claim may be commenced under this subchapter
more than 3 years after the date of payment of such claim.
(5) Actions to recover indemnification payments
Notwithstanding any other provision of this subsection, where a
payment pursuant to an indemnification agreement with a response
action contractor is made under section 9619 of this title, an
action under section 9607 of this title for recovery of such
indemnification payment from a potentially responsible party may be
brought at any time before the expiration of 3 years from the date
on which such payment is made.
(6) Minors and incompetents
The time limitations contained herein shall not begin to run--
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for such minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetents incompetency ends or the date
on which a legal representative is duly appointed for such
incompetent.
(h) Timing of review
No Federal court shall have jurisdiction under Federal law other
than under section 1332 of title 28 (relating to diversity of
citizenship jurisdiction) or under State law which is applicable or
relevant and appropriate under section 9621 of this title (relating to
cleanup standards) to review any challenges to removal or remedial
action selected under section 9604 of this title, or to review any order
issued under section 9606(a) of this title, in any action except one of
the following:
(1) An action under section 9607 of this title to recover
response costs or damages or for contribution.
(2) An action to enforce an order issued under section 9606(a)
of this title or to recover a penalty for violation of such order.
(3) An action for reimbursement under section 9606(b)(2) of this
title.
(4) An action under section 9659 of this title (relating to
citizens suits) alleging that the removal or remedial action taken
under section 9604 of this title or secured under section 9606 of
this title was in violation of any requirement of this chapter. Such
an action may not be brought with regard to a removal where a
remedial action is to be undertaken at the site.
(5) An action under section 9606 of this title in which the
United States has moved to compel a remedial action.
(i) Intervention
In any action commenced under this chapter or under the Solid Waste
Disposal Act [42 U.S.C. 6901 et seq.] in a court of the United States,
any person may intervene as a matter of right when such person claims an
interest relating to the subject of the action and is so situated that
the disposition of the action may, as a practical matter, impair or
impede the persons ability to protect that interest, unless the
President or the State shows that the persons interest is adequately
represented by existing parties.
(j) Judicial review
(1) Limitation
In any judicial action under this chapter, judicial review of
any issues concerning the adequacy of any response action taken or
ordered by the President shall be limited to the administrative
record. Otherwise applicable principles of administrative law shall
govern whether any supplemental materials may be considered by the
court.
(2) Standard
In considering objections raised in any judicial action under
this chapter, the court shall uphold the Presidents decision in
selecting the response action unless the objecting party can
demonstrate, on the administrative record, that the decision was
arbitrary and capricious or otherwise not in accordance with law.
(3) Remedy
If the court finds that the selection of the response action was
arbitrary and capricious or otherwise not in accordance with law,
the court shall award (A) only the response costs or damages that
are not inconsistent with the national contingency plan, and (B)
such other relief as is consistent with the National Contingency
Plan.
(4) Procedural errors
In reviewing alleged procedural errors, the court may disallow
costs or damages only if the errors were so serious and related to
matters of such central relevance to the action that the action
would have been significantly changed had such errors not been made.
(k) Administrative record and participation procedures
(1) Administrative record
The President shall establish an administrative record upon
which the President shall base the selection of a response action.
The administrative record shall be available to the public at or
near the facility at issue. The President also may place duplicates
of the administrative record at any other location.
(2) Participation procedures
(A) Removal action
The President shall promulgate regulations in accordance
with chapter 5 of title 5 establishing procedures for the
appropriate participation of interested persons in the
development of the administrative record on which the President
will base the selection of removal actions and on which judicial
review of removal actions will be based.
(B) Remedial action
The President shall provide for the participation of
interested persons, including potentially responsible parties,
in the development of the administrative record on which the
President will base the selection of remedial actions and on
which judicial review of remedial actions will be based. The
procedures developed under this subparagraph shall include, at a
minimum, each of the following:
(i) Notice to potentially affected persons and the
public, which shall be accompanied by a brief analysis of
the plan and alternative plans that were considered.
(ii) A reasonable opportunity to comment and provide
information regarding the plan.
(iii) An opportunity for a public meeting in the
affected area, in accordance with section 9617(a)(2) of this
title (relating to public participation).
(iv) A response to each of the significant comments,
criticisms, and new data submitted in written or oral
presentations.
(v) A statement of the basis and purpose of the selected
action.
For purposes of this subparagraph, the administrative record
shall include all items developed and received under this
subparagraph and all items described in the second sentence of
section 9617(d) of this title. The President shall promulgate
regulations in accordance with chapter 5 of title 5 to carry out
the requirements of this subparagraph.
(C) Interim record
Until such regulations under subparagraphs (A) and (B) are
promulgated, the administrative record shall consist of all
items developed and received pursuant to current procedures for
selection of the response action, including procedures for the
participation of interested parties and the public. The
development of an administrative record and the selection of
response action under this chapter shall not include an
adjudicatory hearing.
(D) Potentially responsible parties
The President shall make reasonable efforts to identify and
notify potentially responsible parties as early as possible
before selection of a response action. Nothing in this paragraph
shall be construed to be a defense to liability.
(l) Notice of actions
Whenever any action is brought under this chapter in a court of the
United States by a plaintiff other than the United States, the plaintiff
shall provide a copy of the complaint to the Attorney General of the
United States and to the Administrator of the Environmental Protection
Agency.
(Pub. L. 96-510, title I, Sec. 113, Dec. 11, 1980, 94 Stat. 2795; Pub.
L. 99-499, title I, Sec. 113, Oct. 17, 1986, 100 Stat. 1647; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
References in Text
Subchapter II of this chapter, referred to in subsec. (c), was in
the original ``title II of this Act, meaning title II of Pub. L. 96-
510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance
Response Revenue Act of 1980, which enacted subchapter II of this
chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26,
Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96-510,
which were classified to sections 9631 to 9633 and 9641 of this title,
comprising subchapter II of this chapter, were repealed by Pub. L. 99-
499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767,
1774. For complete classification of title II to the Code, see Short
Title of 1980 Amendment note set out under section 1 of Title 26 and
Tables.
The Federal Rules of Civil Procedure, referred to in subsec. (f)(1),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Solid Waste Disposal Act, referred to in subsec. (i), is title
II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
Amendments
1986--Subsec. (b). Pub. L. 99-499, Sec. 113(c)(1), substituted
``subsections (a) and (h) for ``subsection (a).
Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue Code of
1986 for ``Internal Revenue Code of 1954, which for purposes of
codification was translated as ``title 26 thus requiring no change in
text.
Subsecs. (e) to (l). Pub. L. 99-499, Sec. 113(a), (b), (c)(2), added
subsecs. (e) to (l).
Section Referred to in Other Sections
This section is referred to in sections 9607, 9659 of this title.
Sec. 9614. Relationship to other law
(a) Additional State liability or requirements with respect to release
of substances within State
Nothing in this chapter shall be construed or interpreted as
preempting any State from imposing any additional liability or
requirements with respect to the release of hazardous substances within
such State.
(b) Recovery under other State or Federal law of compensation for
removal costs or damages, or payment of claims
Any person who receives compensation for removal costs or damages or
claims pursuant to this chapter shall be precluded from recovering
compensation for the same removal costs or damages or claims pursuant to
any other State or Federal law. Any person who receives compensation for
removal costs or damages or claims pursuant to any other Federal or
State law shall be precluded from receiving compensation for the same
removal costs or damages or claims as provided in this chapter.
(c) Recycled oil
(1) Service station dealers, etc.
No person (including the United States or any State) may
recover, under the authority of subsection (a)(3) or (a)(4) of
section 9607 of this title, from a service station dealer for any
response costs or damages resulting from a release or threatened
release of recycled oil, or use the authority of section 9606 of
this title against a service station dealer other than a person
described in subsection (a)(1) or (a)(2) of section 9607 of this
title, if such recycled oil--
(A) is not mixed with any other hazardous substance, and
(B) is stored, treated, transported, or otherwise managed in
compliance with regulations or standards promulgated pursuant to
section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935]
and other applicable authorities.
Nothing in this paragraph shall affect or modify in any way the
obligations or liability of any person under any other provision of
State or Federal law, including common law, for damages, injury, or
loss resulting from a release or threatened release of any hazardous
substance or for removal or remedial action or the costs of removal
or remedial action.
(2) Presumption
Solely for the purposes of this subsection, a service station
dealer may presume that a small quantity of used oil is not mixed
with other hazardous substances if it--
(A) has been removed from the engine of a light duty motor
vehicle or household appliances by the owner of such vehicle or
appliances, and
(B) is presented, by such owner, to the dealer for
collection, accumulation, and delivery to an oil recycling
facility.
(3) Definition
For purposes of this subsection, the terms ``used oil and
``recycled oil have the same meanings as set forth in sections
1004(36) and 1004(37) of the Solid Waste Disposal Act [42 U.S.C.
6903(36), (37)] and regulations promulgated pursuant to that Act [42
U.S.C. 6901 et seq.].
(4) Effective date
The effective date of paragraphs (1) and (2) of this subsection
shall be the effective date of regulations or standards promulgated
under section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935]
that include, among other provisions, a requirement to conduct
corrective action to respond to any releases of recycled oil under
subtitle C or subtitle I of such Act [42 U.S.C. 6921 et seq., 6991
et seq.].
(d) Financial responsibility of owner or operator of vessel or facility
under State or local law, rule, or regulation
Except as provided in this subchapter, no owner or operator of a
vessel or facility who establishes and maintains evidence of financial
responsibility in accordance with this subchapter shall be required
under any State or local law, rule, or regulation to establish or
maintain any other evidence of financial responsibility in connection
with liability for the release of a hazardous substance from such vessel
or facility. Evidence of compliance with the financial responsibility
requirements of this subchapter shall be accepted by a State in lieu of
any other requirement of financial responsibility imposed by such State
in connection with liability for the release of a hazardous substance
from such vessel or facility.
(Pub. L. 96-510, title I, Sec. 114, Dec. 11, 1980, 94 Stat. 2795; Pub.
L. 99-499, title I, Sec. 114(a), Oct. 17, 1986, 100 Stat. 1652.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (c)(3), (4), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
Subtitles C and I of the Solid Waste Disposal Act are classified
generally to subchapters III (Sec. 6921 et seq.) and IX (Sec. 6991 et
seq.), respectively, of chapter 82 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 6901 of this title and Tables.
Amendments
1986--Subsec. (c). Pub. L. 99-499 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``Except as provided in
this chapter, no person may be required to contribute to any fund, the
purpose of which is to pay compensation for claims for any costs of
response or damages or claims which may be compensated under this
subchapter. Nothing in this section shall preclude any State from using
general revenues for such a fund, or from imposing a tax or fee upon any
person or upon any substance in order to finance the purchase or
prepositioning of hazardous substance response equipment or other
preparations for the response to a release of hazardous substances which
affects such State.
Section Referred to in Other Sections
This section is referred to in sections 9601, 9607 of this title.
Sec. 9615. Presidential delegation and assignment of duties or
powers and promulgation of regulations
The President is authorized to delegate and assign any duties or
powers imposed upon or assigned to him and to promulgate any regulations
necessary to carry out the provisions of this subchapter.
(Pub. L. 96-510, title I, Sec. 115, Dec. 11, 1980, 94 Stat. 2796.)
Ex. Ord. No. 12580. Superfund Implementation
Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended by Ex.
Ord. No. 12777, Sec. 1(a), Oct. 18, 1991, 56 F.R. 54757; Ex. Ord. No.
13016, Aug. 28, 1996, 61 F.R. 45871, provided:
By the authority vested in me as President of the United States of
America by Section 115 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9615 et
seq.) (``the Act), and by Section 301 of Title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. National Contingency Plan. (a)(1) The National
Contingency Plan (``the NCP), shall provide for a National Response
Team (``the NRT) composed of representatives of appropriate Federal
departments and agencies for national planning and coordination of
preparedness and response actions, and Regional Response Teams as the
regional counterparts to the NRT for planning and coordination of
regional preparedness and response actions.
(2) The following agencies (in addition to other appropriate
agencies) shall provide representatives to the National and Regional
Response Teams to carry out their responsibilities under the NCP:
Department of State, Department of Defense, Department of Justice,
Department of the Interior, Department of Agriculture, Department of
Commerce, Department of Labor, Department of Health and Human Services,
Department of Transportation, Department of Energy, Environmental
Protection Agency, Federal Emergency Management Agency, United States
Coast Guard, and the Nuclear Regulatory Commission.
(3) Except for periods of activation because of response action, the
representative of the Environmental Protection Agency (``EPA) shall be
the chairman, and the representative of the United States Coast Guard
shall be the vice chairman, of the NRT and these agencies
representatives shall be co-chairs of the Regional Response Teams (``the
RRTs). When the NRT or an RRT is activated for a response action, the
EPA representative shall be the chairman when the release or threatened
release or discharge or threatened discharge occurs in the inland zone,
and the United States Coast Guard representative shall be the chairman
when the release or threatened release or discharge or threatened
discharge occurs in the coastal zone, unless otherwise agreed upon by
the EPA and the United States Coast Guard representatives (inland and
coastal zones are defined in the NCP).
(4) The RRTs may include representatives from State governments,
local governments (as agreed upon by the States), and Indian tribal
governments. Subject to the functions and authorities delegated to
Executive departments and agencies in other sections of this order, the
NRT shall provide policy and program direction to the RRTs.
(b)(1) The responsibility for the revision of the NCP and all the
other functions vested in the President by Sections 105(a), (b), (c),
and (g), 125, and 301(f) of the Act [42 U.S.C. 9605(a), (b), (c), (g),
9625, 9651(f)], by Section 311(d)(1) of the Federal Water Pollution
Control Act [33 U.S.C. 1321(d)(1)], and by Section 4201(c) of the Oil
Pollution Act of 1990 [Pub. L. 101-380, 33 U.S.C. 1321 note] is
delegated to the Administrator of the Environmental Protection Agency
(``the Administrator).
(2) The function vested in the President by Section 118(p) of the
Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499)
(``SARA) [100 Stat. 1662] is delegated to the Administrator.
(c) In accord with Section 107(f)(2)(A) of the Act [42 U.S.C.
9607(f)(2)(A)], Section 311(f)(5) of the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1321(f)(5)), and Section 1006(b)(1) and (2)
of the Oil Pollution Act of 1990 [33 U.S.C. 2706(b)(1), (2)], the
following shall be among those designated in the NCP as Federal trustees
for natural resources:
(1) Secretary of Defense;
(2) Secretary of the Interior;
(3) Secretary of Agriculture;
(4) Secretary of Commerce;
(5) Secretary of Energy.
In the event of a spill, the above named Federal trustees for
natural resources shall designate one trustee to act as Lead
Administrative Trustee, the duties of which shall be defined in the
regulations promulgated pursuant to Section 1006(e)(1) of OPA. If there
are natural resource trustees other than those designated above which
are acting in the event of a spill, those other trustees may join with
the Federal trustees to name a Lead Administrative Trustee which shall
exercise the duties defined in the regulations promulgated pursuant to
Section 1006(e)(1) of OPA.
(d) Revisions to the NCP shall be made in consultation with members
of the NRT prior to publication for notice and comment.
(e) All revisions to the NCP, whether in proposed or final form,
shall be subject to review and approval by the Director of the Office of
Management and Budget (``OMB).
Sec. 2. Response and Related Authorities. (a) The functions vested
in the President by the first sentence of Section 104(b)(1) of the Act
[42 U.S.C. 9604(b)(1)] relating to ``illness, disease, or complaints
thereof are delegated to the Secretary of Health and Human Services
who shall, in accord with Section 104(i) of the Act, perform those
functions through the Public Health Service.
(b) The functions vested in the President by Sections 104(e)(7)(C),
113(k)(2), 119(c)(7), and 121(f)(1) of the Act [42 U.S.C. 9604(e)(7)(C),
9613(k)(2), 9619(c)(7), 9621(f)(1)], relating to promulgation of
regulations and guidelines, are delegated to the Administrator, to be
exercised in consultation with the NRT.
(c)(1) The functions vested in the President by Sections 104(a) and
the second sentence of 126(b) of the Act [42 U.S.C. 9604(a), 9626(b)],
to the extent they require permanent relocation of residents,
businesses, and community facilities or temporary evacuation and housing
of threatened individuals not otherwise provided for, are delegated to
the Director of the Federal Emergency Management Agency.
(2) Subject to subsection (b) of this Section, the functions vested
in the President by Sections 117(a) and (c), and 119 of the Act [42
U.S.C. 9617(a), (c), 9619], to the extent such authority is needed to
carry out the functions delegated under paragraph (1) of this
subsection, are delegated to the Director of the Federal Emergency
Management Agency.
(d) Subject to subsections (a), (b) and (c) of this Section, the
functions vested in the President by Sections 104(a), (b) and (c)(4),
113(k), 117(a) and (c), 119, and 121 of the Act [42 U.S.C. 9604(a), (b),
(c)(4), 9613(k), 9617(a), (c), 9619, 9621] are delegated to the
Secretaries of Defense and Energy, with respect to releases or
threatened releases where either the release is on or the sole source of
the release is from any facility or vessel under the jurisdiction,
custody or control of their departments, respectively, including vessels
bare-boat chartered and operated. These functions must be exercised
consistent with the requirements of Section 120 of the Act [42 U.S.C.
9620].
(e)(1) Subject to subsections (a), (b), (c), and (d) of this
Section, the functions vested in the President by Sections 104(a), (b),
and (c)(4), and 121 of the Act [42 U.S.C. 9604(a), (b), (c)(4), 9621]
are delegated to the heads of Executive departments and agencies, with
respect to remedial actions for releases or threatened releases which
are not on the National Priorities List (``the NPL) and removal
actions other than emergencies, where either the release is on or the
sole source of the release is from any facility or vessel under the
jurisdiction, custody or control of those departments and agencies,
including vessels bare-boat chartered and operated. The Administrator
shall define the term ``emergency, solely for the purposes of this
subsection, either by regulation or by a memorandum of understanding
with the head of an Executive department or agency.
(2) Subject to subsections (b), (c), and (d) of this Section, the
functions vested in the President by Sections 104(b)(2), 113(k), 117(a)
and (c), and 119 of the Act [42 U.S.C. 9604(b)(2), 9613(k), 9617(a),
(c), 9619] are delegated to the heads of Executive departments and
agencies, with respect to releases or threatened releases where either
the release is on or the sole source of the release is from any facility
or vessel under the jurisdiction, custody or control of those
departments and agencies, including vessels bare-boat chartered and
operated.
(f) Subject to subsections (a), (b), (c), (d), and (e) of this
Section, the functions vested in the President by Sections 104(a), (b)
and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act [42 U.S.C.
9604(a), (b), (c)(4), 9613(k), 9617(a), (c), 9619, 9621] are delegated
to the Secretary of the Department in which the Coast Guard is operating
(``the Coast Guard), with respect to any release or threatened release
involving the coastal zone, Great Lakes waters, ports, and harbors.
(g) Subject to subsections (a), (b), (c), (d), (e), and (f) of this
Section, the functions vested in the President by Sections 101(24),
104(a), (b), (c)(4) and (c)(9), 113(k), 117(a) and (c), 119, 121, and
126(b) of the Act [42 U.S.C. 9601(24), 9604(a), (b), (c)(4), (9),
9613(k), 9617(a), (c), 9619, 9621, 9626(b)] are delegated to the
Administrator. The Administrators authority under Section 119 of the
Act is retroactive to the date of enactment of SARA [Oct. 17, 1986].
(h) The functions vested in the President by Section 104(c)(3) of
the Act [42 U.S.C. 9604(c)(3)] are delegated to the Administrator, with
respect to providing assurances for Indian tribes, to be exercised in
consultation with the Secretary of the Interior.
(i) Subject to subsections (d), (e), (f), (g) and (h) of this
Section, the functions vested in the President by Section 104(c) and (d)
of the Act are delegated to the Coast Guard, the Secretary of Health and
Human Services, the Director of the Federal Emergency Management Agency,
and the Administrator in order to carry out the functions delegated to
them by this Section.
(j)(1) The functions vested in the President by Section 104(e)(5)(A)
are delegated to the heads of Executive departments and agencies, with
respect to releases or threatened releases where either the release is
on or the sole source of the release is from any facility or vessel
under the jurisdiction, custody or control of those departments and
agencies, to be exercised with the concurrence of the Attorney General.
(2) Subject to subsection (b) of this Section and paragraph (1) of
this subsection, the functions vested in the President by Section 104(e)
are delegated to the heads of Executive departments and agencies in
order to carry out their functions under this Order or the Act.
(k) The functions vested in the President by Section 104(f), (g),
(h), (i)(11), and (j) of the Act are delegated to the heads of Executive
departments and agencies in order to carry out the functions delegated
to them by this Section. The exercise of authority under Section 104(h)
of the Act shall be subject to the approval of the Administrator of the
Office of Federal Procurement Policy.
Sec. 3. Cleanup Schedules. (a) The functions vested in the President
by Sections 116(a) and the first two sentences of 105(d) of the Act [42
U.S.C. 9616(a), 9605(d)] are delegated to the heads of Executive
departments and agencies with respect to facilities under the
jurisdiction, custody or control of those departments and agencies.
(b) Subject to subsection (a) of this Section, the functions vested
in the President by Sections 116 and 105(d) are delegated to the
Administrator.
Sec. 4. Enforcement. (a) The functions vested in the President by
Sections 109(d) and 122(e)(3)(A) of the Act [42 U.S.C. 9609(d),
9622(e)(3)(A)], relating to development of regulations and guidelines,
are delegated to the Administrator, to be exercised in consultation with
the Attorney General.
(b)(1) Subject to subsection (a) of this Section, the functions
vested in the President by Section 122 [42 U.S.C. 9622] (except
subsection (b)(1)) are delegated to the heads of Executive departments
and agencies, with respect to releases or threatened releases not on the
NPL where either the release is on or the sole source of the release is
from any facility under the jurisdiction, custody or control of those
Executive departments and agencies. These functions may be exercised
only with the concurrence of the Attorney General.
(2) Subject to subsection (a) of this Section, the functions vested
in the President by Section 109 of the Act [42 U.S.C. 9609], relating to
violations of Section 122 of the Act, are delegated to the heads of
Executive departments and agencies, with respect to releases or
threatened releases not on the NPL where either the release is on or the
sole source of the release is from any facility under the jurisdiction,
custody or control of those Executive departments and agencies. These
functions may be exercised only with the concurrence of the Attorney
General.
(c)(1) Subject to subsection[s] (a) and (b)(1) of this Section, the
functions vested in the President by Sections 106(a) and 122 of the Act
[42 U.S.C. 9606(a), 9622] are delegated to the Coast Guard with respect
to any release or threatened release involving the coastal zone, Great
Lakes waters, ports, and harbors.
(2) Subject to subsection[s] (a) and (b)(2) of this Section, the
functions vested in the President by Section 109 of the Act [42 U.S.C.
9609], relating to violations of Sections 103(a) and (b), and 122 of the
Act [42 U.S.C. 9603(a), (b), 9622], are delegated to the Coast Guard
with respect to any release or threatened release involving the coastal
zone, Great Lakes waters, ports, and harbors.
(3) Subject to subsections (a) and (b)(1) of this section, the
functions vested in the President by sections 106(a) [42 U.S.C. 9606(a)]
and 122 [42 U.S.C. 9622] (except subsection (b)(1)) of the Act are
delegated to the Secretary of the Interior, the Secretary of Commerce,
the Secretary of Agriculture, the Secretary of Defense, and the
Secretary of Energy, to be exercised only with the concurrence of the
Coast Guard, with respect to any release or threatened release in the
coastal zone, Great Lakes waters, ports, and harbors, affecting (1)
natural resources under their trusteeship, or (2) a vessel or facility
subject to their custody, jurisdiction, or control. Such authority shall
not be exercised at any vessel or facility at which the Coast Guard is
the lead Federal agency for the conduct or oversight of a response
action. Such authority shall not be construed to authorize or permit use
of the Hazardous Substance Superfund to implement section 106 or to fund
performance of any response action in lieu of the payment by a person
who receives but does not comply with an order pursuant to section
106(a), where such order has been issued by the Secretary of the
Interior, the Secretary of Commerce, the Secretary of Agriculture, the
Secretary of Defense, or the Secretary of Energy. This subsection shall
not be construed to limit any authority delegated by any other section
of this order. Authority granted under this subsection shall be
exercised in a manner to ensure interagency coordination that enhances
efficiency and effectiveness.
(d)(1) Subject to subsections (a), (b)(1), and (c)(1) of this
Section, the functions vested in the President by Sections 106 and 122
of the Act [42 U.S.C. 9606, 9622] are delegated to the Administrator.
(2) Subject to subsections (a), (b)(2), and (c)(2) of this Section,
the functions vested in the President by Section 109 of the Act [42
U.S.C. 9609], relating to violations of Sections 103 and 122 of the Act
[42 U.S.C. 9603, 9622], are delegated to the Administrator.
(3) Subject to subsections (a), (b)(1), and (c)(1) of this section,
the functions vested in the President by sections 106(a) [42 U.S.C.
9606(a)] and 122 [42 U.S.C. 9622] (except subsection (b)(1)) of the Act
are delegated to the Secretary of the Interior, the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of Defense, and
the Department of Energy, to be exercised only with the concurrence of
the Administrator, with respect to any release or threatened release
affecting (1) natural resources under their trusteeship, or (2) a vessel
or facility subject to their custody, jurisdiction, or control. Such
authority shall not be exercised at any vessel or facility at which the
Administrator is the lead Federal official for the conduct or oversight
of a response action. Such authority shall not be construed to authorize
or permit use of the Hazardous Substance Superfund to implement section
106 or to fund performance of any response action in lieu of the payment
by a person who receives but does not comply with an order pursuant to
section 106(a), where such order has been issued by the Secretary of the
Interior, the Secretary of Commerce, the Secretary of Agriculture, the
Secretary of Defense, or the Secretary of Energy. This subsection shall
not be construed to limit any authority delegated by any other section
of this order. Authority granted under this subsection shall be
exercised in a manner to ensure interagency coordination that enhances
efficiency and effectiveness.
(e) Notwithstanding any other provision of this Order, the authority
under Sections 104(e)(5)(A) and 106(a) of the Act [42 U.S.C.
9604(e)(5)(A), 9606(a)] to seek information, entry, inspection, samples,
or response actions from Executive departments and agencies may be
exercised only with the concurrence of the Attorney General.
Sec. 5. Liability. (a) The function vested in the President by
Section 107(c)(1)(C) of the Act [42 U.S.C. 9607(c)(1)(C)] is delegated
to the Secretary of Transportation.
(b) The functions vested in the President by Section 107(c)(3) of
the Act are delegated to the Coast Guard with respect to any release or
threatened release involving the coastal zone, Great Lakes waters, ports
and harbors.
(c) Subject to subsection (b) of this Section, the functions vested
in the President by Section 107(c)(3) of the Act are delegated to the
Administrator.
(d) The functions vested in the President by Section 107(f)(1) of
the Act are delegated to each of the Federal trustees for natural
resources designated in the NCP for resources under their trusteeship.
(e) The functions vested in the President by Section 107(f)(2)(B) of
the Act, to receive notification of the state natural resource trustee
designations, are delegated to the Administrator.
Sec. 6. Litigation. (a) Notwithstanding any other provision of this
Order, any representation pursuant to or under this Order in any
judicial proceedings shall be by or through the Attorney General. The
conduct and control of all litigation arising under the Act shall be the
responsibility of the Attorney General.
(b) Notwithstanding any other provision of this Order, the authority
under the Act to require the Attorney General to commence litigation is
retained by the President.
(c) The functions vested in the President by Section 113(g) of the
Act [42 U.S.C. 9613(g)], to receive notification of a natural resource
trustees intent to file suit, are delegated to the heads of Executive
departments and agencies with respect to response actions for which they
have been delegated authority under Section 2 of this Order. The
Administrator shall promulgate procedural regulations for providing such
notification.
(d) The functions vested in the President by Sections [sic] 310(d)
and (e) of the Act [42 U.S.C. 9659(d), (e)], relating to promulgation of
regulations, are delegated to the Administrator.
Sec. 7. Financial Responsibility. (a) The functions vested in the
President by Section 107(k)(4)(B) of the Act [42 U.S.C. 9607(k)(4)(B)]
are delegated to the Secretary of the Treasury. The Administrator will
provide the Secretary with such technical information and assistance as
the Administrator may have available.
(b)(1) The functions vested in the President by Section 108(a)(1) of
the Act [42 U.S.C. 9608(a)(1)] are delegated to the Coast Guard.
(2) Subject to Section 4(a) of this Order, the functions vested in
the President by Section 109 of the Act [42 U.S.C. 9609], relating to
violations of Section 108(a)(1) of the Act, are delegated to the Coast
Guard.
(c)(1) The functions vested in the President by Section 108(b) of
the Act are delegated to the Secretary of Transportation with respect to
all transportation related facilities, including any pipeline, motor
vehicle, rolling stock, or aircraft.
(2) Subject to Section 4(a) of this Order, the functions vested in
the President by Section 109 of the Act, relating to violations of
Section 108(a)(3) of the Act, are delegated to the Secretary of
Transportation.
(3) Subject to Section 4(a) of this Order, the functions vested in
the President by Section 109 of the Act, relating to violations of
Section 108(b) of the Act, are delegated to the Secretary of
Transportation with respect to all transportation related facilities,
including any pipeline, motor vehicle, rolling stock, or aircraft.
(d)(1) Subject to subsection (c)(1) of this Section, the functions
vested in the President by Section 108(a)(4) and (b) of the Act are
delegated to the Administrator.
(2) Subject to Section 4(a) of this Order and subsection (c)(3) of
this Section, the functions vested in the President by Section 109 of
the Act, relating to violations of Section 108(a)(4) and (b) of the Act,
are delegated to the Administrator.
Sec. 8. Employee Protection and Notice to Injured. (a) The functions
vested in the President by Section 110(e) of the Act [42 U.S.C. 9610(e)]
are delegated to the Administrator.
(b) The functions vested in the President by Section 111(g) of the
Act [42 U.S.C. 9611(g)] are delegated to the Secretaries of Defense and
Energy with respect to releases from facilities or vessels under the
jurisdiction, custody or control of their departments, respectively,
including vessels bare-boat chartered and operated.
(c) Subject to subsection (b) of this Section, the functions vested
in the President by Section 111(g) of the Act are delegated to the
Administrator.
Sec. 9. Management of the Hazardous Substance Superfund and Claims.
(a) The functions vested in the President by Section 111(a) of the Act
[42 U.S.C. 9611(a)] are delegated to the Administrator, subject to the
provisions of this Section and other applicable provisions of this
Order.
(b) The Administrator shall transfer to other agencies, from the
Hazardous Substance Superfund out of sums appropriated, such amounts as
the Administrator may determine necessary to carry out the purposes of
the Act. These amounts shall be consistent with the Presidents Budget,
within the total approved by the Congress, unless a revised amount is
approved by OMB. Funds appropriated specifically for the Agency for
Toxic Substances and Disease Registry (``ATSDR), shall be directly
transferred to ATSDR, consistent with fiscally responsible investment of
trust fund money.
(c) The Administrator shall chair a budget task force composed of
representatives of Executive departments and agencies having
responsibilities under this Order or the Act. The Administrator shall
also, as part of the budget request for the Environmental Protection
Agency, submit to OMB a budget for the Hazardous Substance Superfund
which is based on recommended levels developed by the budget task force.
The Administrator may prescribe reporting and other forms, procedures,
and guidelines to be used by the agencies of the Task Force in preparing
the budget request, consistent with budgetary reporting requirements
issued by OMB. The Administrator shall prescribe forms to agency task
force members for reporting the expenditure of funds on a site specific
basis.
(d) The Administrator and each department and agency head to whom
funds are provided pursuant to this Section, with respect to funds
provided to them, are authorized in accordance with Section 111(f) of
the Act [42 U.S.C. 9611(f)] to designate Federal officials who may
obligate such funds.
(e) The functions vested in the President by Section 112 of the Act
[42 U.S.C. 9612] are delegated to the Administrator for all claims
presented pursuant to Section 111 of the Act.
(f) The functions vested in the President by Section 111(o) of the
Act are delegated to the Administrator.
(g) The functions vested in the President by Section 117(e) of the
Act [42 U.S.C. 9617(e)] are delegated to the Administrator, to be
exercised in consultation with the Attorney General.
(h) The functions vested in the President by Section 123 of the Act
[42 U.S.C. 9623] are delegated to the Administrator.
(i) Funds from the Hazardous Substance Superfund may be used, at the
discretion of the Administrator or the Coast Guard, to pay for removal
actions for releases or threatened releases from facilities or vessels
under the jurisdiction, custody or control of Executive departments and
agencies but must be reimbursed to the Hazardous Substance Superfund by
such Executive department or agency.
Sec. 10. Federal Facilities. (a) When necessary, prior to selection
of a remedial action by the Administrator under Section 120(e)(4)(A) of
the Act [42 U.S.C. 9620(e)(4)(A)], Executive agencies shall have the
opportunity to present their views to the Administrator after using the
procedures under Section 1-6 of Executive Order No. 12088 of October 13,
1978 [set out as a note under section 4321 of this title], or any other
mutually acceptable process. Notwithstanding subsection 1-602 of
Executive Order No. 12088, the Director of the Office of Management and
Budget shall facilitate resolution of any issues.
(b) Executive Order No. 12088 of October 13, 1978, is amended by
renumbering the current Section 1-802 as Section 1-803 and inserting the
following new Section 1-802.
``1-802. Nothing in this Order shall create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
Sec. 11. General Provisions. (a) The function vested in the
President by Section 101(37) of the Act [42 U.S.C. 9601(37)] is
delegated to the Administrator.
(b)(1) The function vested in the President by Section 105(f) of the
Act [42 U.S.C. 9605(f)], relating to reporting on minority participation
in contracts, is delegated to the Administrator.
(2) Subject to paragraph 1 of this subsection, the functions vested
in the President by Section 105(f) of the Act are delegated to the heads
of Executive departments and agencies in order to carry out the
functions delegated to them by this Order. Each Executive department and
agency shall provide to the Administrator any requested information on
minority contracting for inclusion in the Section 105(f) annual report.
(c) The functions vested in the President by Section 126(c) of the
Act [42 U.S.C. 9626(c)] are delegated to the Administrator, to be
exercised in consultation with the Secretary of the Interior.
(d) The functions vested in the President by Section 301(c) of the
Act [42 U.S.C. 9651(c)] are delegated to the Secretary of the Interior.
(e) Each agency shall have authority to issue such regulations as
may be necessary to carry out the functions delegated to them by this
Order.
(f) The performance of any function under this Order shall be done
in consultation with interested Federal departments and agencies
represented on the NRT, as well as with any other interested Federal
agency.
(g) The following functions vested in the President by the Act which
have been delegated or assigned by this Order may be redelegated to the
head of any Executive department or agency with his consent: functions
set forth in Sections 2 (except subsection (b)), 3, 4(b), 4(c), 4(d),
5(b), 5(c), and 8(c) of this Order.
(h) Executive Order No. 12316 of August 14, 1981, is revoked.
Section Referred to in Other Sections
This section is referred to in section 9627 of this title.
Sec. 9616. Schedules
(a) Assessment and listing of facilities
It shall be a goal of this chapter that, to the maximum extent
practicable--
(1) not later than January 1, 1988, the President shall complete
preliminary assessments of all facilities that are contained (as of
October 17, 1986) on the Comprehensive Environmental Response,
Compensation, and Liability Information System (CERCLIS) including
in each assessment a statement as to whether a site inspection is
necessary and by whom it should be carried out; and
(2) not later than January 1, 1989, the President shall assure
the completion of site inspections at all facilities for which the
President has stated a site inspection is necessary pursuant to
paragraph (1).
(b) Evaluation
Within 4 years after October 17, 1986, each facility listed (as of
October 17, 1986) in the CERCLIS shall be evaluated if the President
determines that such evaluation is warranted on the basis of a site
inspection or preliminary assessment. The evaluation shall be in
accordance with the criteria established in section 9605 of this title
under the National Contingency Plan for determining priorities among
release for inclusion on the National Priorities List. In the case of a
facility listed in the CERCLIS after October 17, 1986, the facility
shall be evaluated within 4 years after the date of such listing if the
President determines that such evaluation is warranted on the basis of a
site inspection or preliminary assessment.
(c) Explanations
If any of the goals established by subsection (a) or (b) of this
section are not achieved, the President shall publish an explanation of
why such action could not be completed by the specified date.
(d) Commencement of RI/FS
The President shall assure that remedial investigations and
feasibility studies (RI/FS) are commenced for facilities listed on the
National Priorities List, in addition to those commenced prior to
October 17, 1986, in accordance with the following schedule:
(1) not fewer than 275 by the date 36 months after October 17,
1986, and
(2) if the requirement of paragraph (1) is not met, not fewer
than an additional 175 by the date 4 years after October 17, 1986,
an additional 200 by the date 5 years after October 17, 1986, and a
total of 650 by the date 5 years after October 17, 1986.
(e) Commencement of remedial action
The President shall assure that substantial and continuous physical
on-site remedial action commences at facilities on the National
Priorities List, in addition to those facilities on which remedial
action has commenced prior to October 17, 1986, at a rate not fewer
than:
(1) 175 facilities during the first 36-month period after
October 17, 1986; and
(2) 200 additional facilities during the following 24 months
after such 36-month period.
(Pub. L. 96-510, title I, Sec. 116, as added Pub. L. 99-499, title I,
Sec. 116, Oct. 17, 1986, 100 Stat. 1653.)
Sec. 9617. Public participation
(a) Proposed plan
Before adoption of any plan for remedial action to be undertaken by
the President, by a State, or by any other person, under section 9604,
9606, 9620, or 9622 of this title, the President or State, as
appropriate, shall take both of the following actions:
(1) Publish a notice and brief analysis of the proposed plan and
make such plan available to the public.
(2) Provide a reasonable opportunity for submission of written
and oral comments and an opportunity for a public meeting at or near
the facility at issue regarding the proposed plan and regarding any
proposed findings under section 9621(d)(4) of this title (relating
to cleanup standards). The President or the State shall keep a
transcript of the meeting and make such transcript available to the
public.
The notice and analysis published under paragraph (1) shall include
sufficient information as may be necessary to provide a reasonable
explanation of the proposed plan and alternative proposals considered.
(b) Final plan
Notice of the final remedial action plan adopted shall be published
and the plan shall be made available to the public before commencement
of any remedial action. Such final plan shall be accompanied by a
discussion of any significant changes (and the reasons for such changes)
in the proposed plan and a response to each of the significant comments,
criticisms, and new data submitted in written or oral presentations
under subsection (a) of this section.
(c) Explanation of differences
After adoption of a final remedial action plan--
(1) if any remedial action is taken,
(2) if any enforcement action under section 9606 of this title
is taken, or
(3) if any settlement or consent decree under section 9606 of
this title or section 9622 of this title is entered into,
and if such action, settlement, or decree differs in any significant
respects from the final plan, the President or the State shall publish
an explanation of the significant differences and the reasons such
changes were made.
(d) Publication
For the purposes of this section, publication shall include, at a
minimum, publication in a major local newspaper of general circulation.
In addition, each item developed, received, published, or made available
to the public under this section shall be available for public
inspection and copying at or near the facility at issue.
(e) Grants for technical assistance
(1) Authority
Subject to such amounts as are provided in appropriations Acts
and in accordance with rules promulgated by the President, the
President may make grants available to any group of individuals
which may be affected by a release or threatened release at any
facility which is listed on the National Priorities List under the
National Contingency Plan. Such grants may be used to obtain
technical assistance in interpreting information with regard to the
nature of the hazard, remedial investigation and feasibility study,
record of decision, remedial design, selection and construction of
remedial action, operation and maintenance, or removal action at
such facility.
(2) Amount
The amount of any grant under this subsection may not exceed
$50,000 for a single grant recipient. The President may waive the
$50,000 limitation in any case where such waiver is necessary to
carry out the purposes of this subsection. Each grant recipient
shall be required, as a condition of the grant, to contribute at
least 20 percent of the total of costs of the technical assistance
for which such grant is made. The President may waive the 20 percent
contribution requirement if the grant recipient demonstrates
financial need and such waiver is necessary to facilitate public
participation in the selection of remedial action at the facility.
Not more than one grant may be made under this subsection with
respect to a single facility, but the grant may be renewed to
facilitate public participation at all stages of remedial action.
(Pub. L. 96-510, title I, Sec. 117, as added Pub. L. 99-499, title I,
Sec. 117, Oct. 17, 1986, 100 Stat. 1654.)
Section Referred to in Other Sections
This section is referred to in sections 9611, 9613, 9620 of this
title.
Sec. 9618. High priority for drinking water supplies
For purposes of taking action under section 9604 or 9606 of this
title and listing facilities on the National Priorities List, the
President shall give a high priority to facilities where the release of
hazardous substances or pollutants or contaminants has resulted in the
closing of drinking water wells or has contaminated a principal drinking
water supply.
(Pub. L. 96-510, title I, Sec. 118, as added Pub. L. 99-499, title I,
Sec. 118(a), Oct. 17, 1986, 100 Stat. 1655.)
Sec. 9619. Response action contractors
(a) Liability of response action contractors
(1) Response action contractors
A person who is a response action contractor with respect to any
release or threatened release of a hazardous substance or pollutant
or contaminant from a vessel or facility shall not be liable under
this subchapter or under any other Federal law to any person for
injuries, costs, damages, expenses, or other liability (including
but not limited to claims for indemnification or contribution and
claims by third parties for death, personal injury, illness or loss
of or damage to property or economic loss) which results from such
release or threatened release.
(2) Negligence, etc.
Paragraph (1) shall not apply in the case of a release that is
caused by conduct of the response action contractor which is
negligent, grossly negligent, or which constitutes intentional
misconduct.
(3) Effect on warranties; employer liability
Nothing in this subsection shall affect the liability of any
person under any warranty under Federal, State, or common law.
Nothing in this subsection shall affect the liability of an employer
who is a response action contractor to any employee of such employer
under any provision of law, including any provision of any law
relating to workers compensation.
(4) Governmental employees
A state employee or an employee of a political subdivision who
provides services relating to response action while acting within
the scope of his authority as a governmental employee shall have the
same exemption from liability (subject to the other provisions of
this section) as is provided to the response action contractor under
this section.
(b) Savings provisions
(1) Liability of other persons
The defense provided by section 9607(b)(3) of this title shall
not be available to any potentially responsible party with respect
to any costs or damages caused by any act or omission of a response
action contractor. Except as provided in subsection (a)(4) of this
section and the preceding sentence, nothing in this section shall
affect the liability under this chapter or under any other Federal
or State law of any person, other than a response action contractor.
(2) Burden of plaintiff
Nothing in this section shall affect the plaintiffs burden of
establishing liability under this subchapter.
(c) Indemnification
(1) In general
The President may agree to hold harmless and indemnify any
response action contractor meeting the requirements of this
subsection against any liability (including the expenses of
litigation or settlement) for negligence arising out of the
contractors performance in carrying out response action activities
under this subchapter, unless such liability was caused by conduct
of the contractor which was grossly negligent or which constituted
intentional misconduct.
(2) Applicability
This subsection shall apply only with respect to a response
action carried out under written agreement with--
(A) the President;
(B) any Federal agency;
(C) a State or political subdivision which has entered into
a contract or cooperative agreement in accordance with section
9604(d)(1) of this title; or
(D) any potentially responsible party carrying out any
agreement under section 9622 of this title (relating to
settlements) or section 9606 of this title (relating to
abatement).
(3) Source of funding
This subsection shall not be subject to section 1301 or 1341 of
title 31 or section 11 of title 41 or to section 9662 of this title.
For purposes of section 9611 of this title, amounts expended
pursuant to this subsection for indemnification of any response
action contractor (except with respect to federally owned or
operated facilities) shall be considered governmental response costs
incurred pursuant to section 9604 of this title. If sufficient funds
are unavailable in the Hazardous Substance Superfund established
under subchapter A of chapter 98 of title 26 to make payments
pursuant to such indemnification or if the Fund is repealed, there
are authorized to be appropriated such amounts as may be necessary
to make such payments.
(4) Requirements
An indemnification agreement may be provided under this
subsection only if the President determines that each of the
following requirements are met:
(A) The liability covered by the indemnification agreement
exceeds or is not covered by insurance available, at a fair and
reasonable price, to the contractor at the time the contractor
enters into the contract to provide response action, and
adequate insurance to cover such liability is not generally
available at the time the response action contract is entered
into.
(B) The response action contractor has made diligent efforts
to obtain insurance coverage from non-Federal sources to cover
such liability.
(C) In the case of a response action contract covering more
than one facility, the response action contractor agrees to
continue to make such diligent efforts each time the contractor
begins work under the contract at a new facility.
(5) Limitations
(A) Liability covered
Indemnification under this subsection shall apply only to
response action contractor liability which results from a
release of any hazardous substance or pollutant or contaminant
if such release arises out of response action activities.
(B) Deductibles and limits
An indemnification agreement under this subsection shall
include deductibles and shall place limits on the amount of
indemnification to be made available.
(C) Contracts with potentially responsible parties
(i) Decision to indemnify
In deciding whether to enter into an indemnification
agreement with a response action contractor carrying out a
written contract or agreement with any potentially
responsible party, the President shall determine an amount
which the potentially responsible party is able to indemnify
the contractor. The President may enter into such an
indemnification agreement only if the President determines
that such amount of indemnification is inadequate to cover
any reasonable potential liability of the contractor arising
out of the contractors negligence in performing the
contract or agreement with such party. The President shall
make the determinations in the preceding sentences (with
respect to the amount and the adequacy of the amount) taking
into account the total net assets and resources of
potentially responsible parties with respect to the facility
at the time of such determinations.
(ii) Conditions
The President may pay a claim under an indemnification
agreement referred to in clause (i) for the amount
determined under clause (i) only if the contractor has
exhausted all administrative, judicial, and common law
claims for indemnification against all potentially
responsible parties participating in the clean-up of the
facility with respect to the liability of the contractor
arising out of the contractors negligence in performing the
contract or agreement with such party. Such indemnification
agreement shall require such contractor to pay any
deductible established under subparagraph (B) before the
contractor may recover any amount from the potentially
responsible party or under the indemnification agreement.
(D) RCRA facilities
No owner or operator of a facility regulated under the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.] may be indemnified
under this subsection with respect to such facility.
(E) Persons retained or hired
A person retained or hired by a person described in
subsection (e)(2)(B) of this section shall be eligible for
indemnification under this subsection only if the President
specifically approves of the retaining or hiring of such person.
(6) Cost recovery
For purposes of section 9607 of this title, amounts expended
pursuant to this subsection for indemnification of any person who is
a response action contractor with respect to any release or
threatened release shall be considered a cost of response incurred
by the United States Government with respect to such release.
(7) Regulations
The President shall promulgate regulations for carrying out the
provisions of this subsection. Before promulgation of the
regulations, the President shall develop guidelines to carry out
this section. Development of such guidelines shall include
reasonable opportunity for public comment.
(8) Study
The Comptroller General shall conduct a study in the fiscal year
ending September 30, 1989, on the application of this subsection,
including whether indemnification agreements under this subsection
are being used, the number of claims that have been filed under such
agreements, and the need for this subsection. The Comptroller
General shall report the findings of the study to Congress no later
than September 30, 1989.
(d) Exception
The exemption provided under subsection (a) of this section and the
authority of the President to offer indemnification under subsection (c)
of this section shall not apply to any person covered by the provisions
of paragraph (1), (2), (3), or (4) of section 9607(a) of this title with
respect to the release or threatened release concerned if such person
would be covered by such provisions even if such person had not carried
out any actions referred to in subsection (e) of this section.
(e) Definitions
For purposes of this section--
(1) Response action contract
The term ``response action contract means any written contract
or agreement entered into by a response action contractor (as
defined in paragraph (2)(A) of this subsection) with--
(A) the President;
(B) any Federal agency;
(C) a State or political subdivision which has entered into
a contract or cooperative agreement in accordance with section
9604(d)(1) of this title; or
(D) any potentially responsible party carrying out an
agreement under section 9606 or 9622 of this title;
to provide any remedial action under this chapter at a facility
listed on the National Priorities List, or any removal under this
chapter, with respect to any release or threatened release of a
hazardous substance or pollutant or contaminant from the facility or
to provide any evaluation, planning, engineering, surveying and
mapping, design, construction, equipment, or any ancillary services
thereto for such facility.
(2) Response action contractor
The term ``response action contractor means--
(A) any--
(i) person who enters into a response action contract
with respect to any release or threatened release of a
hazardous substance or pollutant or contaminant from a
facility and is carrying out such contract; and \1\
---------------------------------------------------------------------------
\1\ So in original. The word ``and probably should not appear.
---------------------------------------------------------------------------
(ii) person, public or nonprofit private entity,
conducting a field demonstration pursuant to section 9660(b)
of this title; and
(iii) Recipients \2\ of grants (including sub-grantees)
under section 9660a \3\ of this title for the training and
education of workers who are or may be engaged in activities
related to hazardous waste removal, containment, or
emergency response under this chapter; and \1\
---------------------------------------------------------------------------
\2\ So in original. Probably should not be capitalized.
\3\ See References in Text note below.
(B) any person who is retained or hired by a person
described in subparagraph (A) to provide any services relating
to a response action; and
(C) any surety who after October 16, 1990, provides a bid,
performance or payment bond to a response action contractor, and
begins activities to meet its obligations under such bond, but
only in connection with such activities or obligations.
(3) Insurance
The term ``insurance means liability insurance which is fair
and reasonably priced, as determined by the President, and which is
made available at the time the contractor enters into the response
action contract to provide response action.
(f) Competition
Response action contractors and subcontractors for program
management, construction management, architectural and engineering,
surveying and mapping, and related services shall be selected in
accordance with title IX of the Federal Property and Administrative
Services Act of 1949 [40 U.S.C. 541 et seq.]. The Federal selection
procedures shall apply to appropriate contracts negotiated by all
Federal governmental agencies involved in carrying out this chapter.
Such procedures shall be followed by response action contractors and
subcontractors.
(g) Surety bonds
(1) If under the Act of August 24, 1935 (40 U.S.C. 270a-270d),
commonly referred to as the ``Miller Act, surety bonds are required
for any direct Federal procurement of any response action contract and
are not waived pursuant to the Act of April 29, 1941 (40 U.S.C. 270e-
270f), they shall be issued in accordance with such Act of August 24,
1935.
(2) If under applicable Federal law surety bonds are required for
any direct Federal procurement of any response action contract, no right
of action shall accrue on the performance bond issued on such response
action contract to or for the use of any person other than the obligee
named in the bond.
(3) If under applicable Federal law surety bonds are required for
any direct Federal procurement of any response action contract, unless
otherwise provided for by the procuring agency in the bond, in the event
of a default, the suretys liability on a performance bond shall be only
for the cost of completion of the contract work in accordance with the
plans and specifications less the balance of funds remaining to be paid
under the contract, up to the penal sum of the bond. The surety shall in
no event be liable on bonds to indemnify or compensate the obligee for
loss or liability arising from personal injury or property damage
whether or not caused by a breach of the bonded contract.
(4) Nothing in this subsection shall be construed as preempting,
limiting, superseding, affecting, applying to, or modifying any State
laws, regulations, requirements, rules, practices or procedures. Nothing
in this subsection shall be construed as affecting, applying to,
modifying, limiting, superseding, or preempting any rights, authorities,
liabilities, demands, actions, causes of action, losses, judgments,
claims, statutes of limitation, or obligations under Federal or State
law, which do not arise on or under the bond.
(5) This subsection shall not apply to bonds executed before October
17, 1990.
(Pub. L. 96-510, title I, Sec. 119, as added Pub. L. 99-499, title I,
Sec. 119, Oct. 17, 1986, 100 Stat. 1662; amended Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-202, Sec. 101(f) [title II,
Sec. 201], Dec. 22, 1987, 101 Stat. 1329-187, 1329-198; Pub. L. 101-584,
Sec. 1, Nov. 15, 1990, 104 Stat. 2872; Pub. L. 102-484, div. A, title
III, Sec. 331(a), Oct. 23, 1992, 106 Stat. 2373; Pub. L. 105-276, title
III, Oct. 21, 1998, 112 Stat. 2497.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (c)(5)(D), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
Section 9660a of this title, referred to in subsec. (e)(2)(A)(iii),
was in the original ``section 126 probably meaning section 126 of Pub.
L. 99-499, title I, Oct. 17, 1986, 100 Stat. 1690. Subsecs. (a) to (f)
of section 126, which relate to worker protection standards, are set out
as a note under section 655 of Title 29, Labor. Subsec. (g) of section
126, which relates grants for training and education of workers who are
or may be engaged in activities related to hazardous waste removal,
etc., is classified to section 9660a of this title.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (f), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Title IX of the Federal Property and Administrative Services
Act of 1949 is classified generally to subchapter VI (Sec. 541 et seq.)
of chapter 10 of Title 40, Public Buildings, Property, and Works. For
complete classification of this Act to the Code, see Short Title note
set out under section 471 of Title 40 and Tables.
Act of August 24, 1935, referred to in subsec. (g)(1), is act Aug.
24, 1935, ch. 642, 49 Stat. 793, as amended, known as the Miller Act,
which is classified generally to sections 270a to 270d-1 of Title 40,
Public Buildings, Property, and Works. For complete classification of
this Act to the Code, see Short Title note set out under section 270a of
Title 40 and Tables.
Act of April 29, 1941, referred to in subsec. (g)(1), is act April
29, 1941, ch. 81, 55 Stat. 147, which is classified to sections 270e and
270f of Title 40. For complete classification of this Act to the Code,
see Tables.
Amendments
1998--Subsec. (e)(2)(C). Pub. L. 105-276 struck out ``and before
January 1, 1996, after ``1990,.
Subsec. (g)(5). Pub. L. 105-276 struck out ``, or after December 31,
1995 before period at end.
1992--Subsec. (e)(2)(C). Pub. L. 102-484, Sec. 321(a)(1)(A),
substituted ``January 1, 1996, for ``January 1, 1993.
Subsec. (g)(1). Pub. L. 102-484, Sec. 331(a)(2), substituted ``the
Act of August 24, 1935 (40 U.S.C. 270a-270d), commonly referred to as
the `Miller Act, for ``the Miller Act, 40 U.S.C. sections 270a-
270f,, inserted ``and are not waived pursuant to the Act of April 29,
1941 (40 U.S.C. 270e-270f), and substituted ``in accordance with such
Act of August 24, 1935. for ``in accordance with 40 U.S.C. sections
270a-270d.
Subsec. (g)(5). Pub. L. 102-484, Sec. 331(a)(1)(B), substituted
``December 31, 1995 for ``December 31, 1992.
1990--Subsec. (e)(2)(C). Pub. L. 101-584, Sec. 1(1), (2), added
subpar. (C).
Subsec. (g). Pub. L. 101-584, Sec. 1(3), added subsec. (g).
1987--Subsec. (e)(2)(A)(iii). Pub. L. 100-202 added cl. (iii).
1986--Subsec. (c)(3). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986 for ``Internal Revenue Code of 1954, which for purposes
of codification was translated as ``title 26 thus requiring no change
in text.
Coordination of Titles I to IV of Pub. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any tax,
premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.
Section Referred to in Other Sections
This section is referred to in section 9613 of this title; title 10
section 2701; title 14 section 691.
Sec. 9620. Federal facilities
(a) Application of chapter to Federal Government
(1) In general
Each department, agency, and instrumentality of the United
States (including the executive, legislative, and judicial branches
of government) shall be subject to, and comply with, this chapter in
the same manner and to the same extent, both procedurally and
substantively, as any nongovernmental entity, including liability
under section 9607 of this title. Nothing in this section shall be
construed to affect the liability of any person or entity under
sections 9606 and 9607 of this title.
(2) Application of requirements to Federal facilities
All guidelines, rules, regulations, and criteria which are
applicable to preliminary assessments carried out under this chapter
for facilities at which hazardous substances are located, applicable
to evaluations of such facilities under the National Contingency
Plan, applicable to inclusion on the National Priorities List, or
applicable to remedial actions at such facilities shall also be
applicable to facilities which are owned or operated by a
department, agency, or instrumentality of the United States in the
same manner and to the extent as such guidelines, rules,
regulations, and criteria are applicable to other facilities. No
department, agency, or instrumentality of the United States may
adopt or utilize any such guidelines, rules, regulations, or
criteria which are inconsistent with the guidelines, rules,
regulations, and criteria established by the Administrator under
this chapter.
(3) Exceptions
This subsection shall not apply to the extent otherwise provided
in this section with respect to applicable time periods. This
subsection shall also not apply to any requirements relating to
bonding, insurance, or financial responsibility. Nothing in this
chapter shall be construed to require a State to comply with section
9604(c)(3) of this title in the case of a facility which is owned or
operated by any department, agency, or instrumentality of the United
States.
(4) State laws
State laws concerning removal and remedial action, including
State laws regarding enforcement, shall apply to removal and
remedial action at facilities owned or operated by a department,
agency, or instrumentality of the United States or facilities that
are the subject of a deferral under subsection (h)(3)(C) of this
section when such facilities are not included on the National
Priorities List. The preceding sentence shall not apply to the
extent a State law would apply any standard or requirement to such
facilities which is more stringent than the standards and
requirements applicable to facilities which are not owned or
operated by any such department, agency, or instrumentality.
(b) Notice
Each department, agency, and instrumentality of the United States
shall add to the inventory of Federal agency hazardous waste facilities
required to be submitted under section 3016 of the Solid Waste Disposal
Act [42 U.S.C. 6937] (in addition to the information required under
section 3016(a)(3) of such Act [42 U.S.C. 6937(a)(3)]) information on
contamination from each facility owned or operated by the department,
agency, or instrumentality if such contamination affects contiguous or
adjacent property owned by the department, agency, or instrumentality or
by any other person, including a description of the monitoring data
obtained.
(c) Federal Agency Hazardous Waste Compliance Docket
The Administrator shall establish a special Federal Agency Hazardous
Waste Compliance Docket (hereinafter in this section referred to as the
``docket) which shall contain each of the following:
(1) All information submitted under section 3016 of the Solid
Waste Disposal Act [42 U.S.C. 6937] and subsection (b) of this
section regarding any Federal facility and notice of each subsequent
action taken under this chapter with respect to the facility.
(2) Information submitted by each department, agency, or
instrumentality of the United States under section 3005 or 3010 of
such Act [42 U.S.C. 6925, 6930].
(3) Information submitted by the department, agency, or
instrumentality under section 9603 of this title.
The docket shall be available for public inspection at reasonable times.
Six months after establishment of the docket and every 6 months
thereafter, the Administrator shall publish in the Federal Register a
list of the Federal facilities which have been included in the docket
during the immediately preceding 6-month period. Such publication shall
also indicate where in the appropriate regional office of the
Environmental Protection Agency additional information may be obtained
with respect to any facility on the docket. The Administrator shall
establish a program to provide information to the public with respect to
facilities which are included in the docket under this subsection.
(d) Assessment and evaluation
(1) In general
The Administrator shall take steps to assure that a preliminary
assessment is conducted for each facility on the docket. Following
such preliminary assessment, the Administrator shall, where
appropriate--
(A) evaluate such facilities in accordance with the criteria
established in accordance with section 9605 of this title under
the National Contingency Plan for determining priorities among
releases; and
(B) include such facilities on the National Priorities List
maintained under such plan if the facility meets such criteria.
(2) Application of criteria
(A) In general
Subject to subparagraph (B), the criteria referred to in
paragraph (1) shall be applied in the same manner as the
criteria are applied to facilities that are owned or operated by
persons other than the United States.
(B) Response under other law
It shall be an appropriate factor to be taken into
consideration for the purposes of section 9605(a)(8)(A) of this
title that the head of the department, agency, or
instrumentality that owns or operates a facility has arranged
with the Administrator or appropriate State authorities to
respond appropriately, under authority of a law other than this
chapter, to a release or threatened release of a hazardous
substance.
(3) Completion
Evaluation and listing under this subsection shall be completed
in accordance with a reasonable schedule established by the
Administrator.
(e) Required action by department
(1) RI/FS
Not later than 6 months after the inclusion of any facility on
the National Priorities List, the department, agency, or
instrumentality which owns or operates such facility shall, in
consultation with the Administrator and appropriate State
authorities, commence a remedial investigation and feasibility study
for such facility. In the case of any facility which is listed on
such list before October 17, 1986, the department, agency, or
instrumentality which owns or operates such facility shall, in
consultation with the Administrator and appropriate State
authorities, commence such an investigation and study for such
facility within one year after October 17, 1986. The Administrator
and appropriate State authorities shall publish a timetable and
deadlines for expeditious completion of such investigation and
study.
(2) Commencement of remedial action; interagency agreement
The Administrator shall review the results of each investigation
and study conducted as provided in paragraph (1). Within 180 days
thereafter, the head of the department, agency, or instrumentality
concerned shall enter into an interagency agreement with the
Administrator for the expeditious completion by such department,
agency, or instrumentality of all necessary remedial action at such
facility. Substantial continuous physical onsite remedial action
shall be commenced at each facility not later than 15 months after
completion of the investigation and study. All such interagency
agreements, including review of alternative remedial action plans
and selection of remedial action, shall comply with the public
participation requirements of section 9617 of this title.
(3) Completion of remedial actions
Remedial actions at facilities subject to interagency agreements
under this section shall be completed as expeditiously as
practicable. Each agency shall include in its annual budget
submissions to the Congress a review of alternative agency funding
which could be used to provide for the costs of remedial action. The
budget submission shall also include a statement of the hazard posed
by the facility to human health, welfare, and the environment and
identify the specific consequences of failure to begin and complete
remedial action.
(4) Contents of agreement
Each interagency agreement under this subsection shall include,
but shall not be limited to, each of the following:
(A) A review of alternative remedial actions and selection
of a remedial action by the head of the relevant department,
agency, or instrumentality and the Administrator or, if unable
to reach agreement on selection of a remedial action, selection
by the Administrator.
(B) A schedule for the completion of each such remedial
action.
(C) Arrangements for long-term operation and maintenance of
the facility.
(5) Annual report
Each department, agency, or instrumentality responsible for
compliance with this section shall furnish an annual report to the
Congress concerning its progress in implementing the requirements of
this section. Such reports shall include, but shall not be limited
to, each of the following items:
(A) A report on the progress in reaching interagency
agreements under this section.
(B) The specific cost estimates and budgetary proposals
involved in each interagency agreement.
(C) A brief summary of the public comments regarding each
proposed interagency agreement.
(D) A description of the instances in which no agreement was
reached.
(E) A report on progress in conducting investigations and
studies under paragraph (1).
(F) A report on progress in conducting remedial actions.
(G) A report on progress in conducting remedial action at
facilities which are not listed on the National Priorities List.
With respect to instances in which no agreement was reached within
the required time period, the department, agency, or instrumentality
filing the report under this paragraph shall include in such report
an explanation of the reasons why no agreement was reached. The
annual report required by this paragraph shall also contain a
detailed description on a State-by-State basis of the status of each
facility subject to this section, including a description of the
hazard presented by each facility, plans and schedules for
initiating and completing response action, enforcement status (where
appropriate), and an explanation of any postponements or failure to
complete response action. Such reports shall also be submitted to
the affected States.
(6) Settlements with other parties
If the Administrator, in consultation with the head of the
relevant department, agency, or instrumentality of the United
States, determines that remedial investigations and feasibility
studies or remedial action will be done properly at the Federal
facility by another potentially responsible party within the
deadlines provided in paragraphs (1), (2), and (3) of this
subsection, the Administrator may enter into an agreement with such
party under section 9622 of this title (relating to settlements).
Following approval by the Attorney General of any such agreement
relating to a remedial action, the agreement shall be entered in the
appropriate United States district court as a consent decree under
section 9606 of this title.
(f) State and local participation
The Administrator and each department, agency, or instrumentality
responsible for compliance with this section shall afford to relevant
State and local officials the opportunity to participate in the planning
and selection of the remedial action, including but not limited to the
review of all applicable data as it becomes available and the
development of studies, reports, and action plans. In the case of State
officials, the opportunity to participate shall be provided in
accordance with section 9621 of this title.
(g) Transfer of authorities
Except for authorities which are delegated by the Administrator to
an officer or employee of the Environmental Protection Agency, no
authority vested in the Administrator under this section may be
transferred, by executive order of the President or otherwise, to any
other officer or employee of the United States or to any other person.
(h) Property transferred by Federal agencies
(1) Notice
After the last day of the 6-month period beginning on the
effective date of regulations under paragraph (2) of this
subsection, whenever any department, agency, or instrumentality of
the United States enters into any contract for the sale or other
transfer of real property which is owned by the United States and on
which any hazardous substance was stored for one year or more, known
to have been released, or disposed of, the head of such department,
agency, or instrumentality shall include in such contract notice of
the type and quantity of such hazardous substance and notice of the
time at which such storage, release, or disposal took place, to the
extent such information is available on the basis of a complete
search of agency files.
(2) Form of notice; regulations
Notice under this subsection shall be provided in such form and
manner as may be provided in regulations promulgated by the
Administrator. As promptly as practicable after October 17, 1986,
but not later than 18 months after October 17, 1986, and after
consultation with the Administrator of the General Services
Administration, the Administrator shall promulgate regulations
regarding the notice required to be provided under this subsection.
(3) Contents of certain deeds
(A) In general
After the last day of the 6-month period beginning on the
effective date of regulations under paragraph (2) of this
subsection, in the case of any real property owned by the United
States on which any hazardous substance was stored for one year
or more, known to have been released, or disposed of, each deed
entered into for the transfer of such property by the United
States to any other person or entity shall contain--
(i) to the extent such information is available on the
basis of a complete search of agency files--
(I) a notice of the type and quantity of such
hazardous substances,
(II) notice of the time at which such storage,
release, or disposal took place, and
(III) a description of the remedial action taken, if
any;
(ii) a covenant warranting that--
(I) all remedial action necessary to protect human
health and the environment with respect to any such
substance remaining on the property has been taken
before the date of such transfer, and
(II) any additional remedial action found to be
necessary after the date of such transfer shall be
conducted by the United States; and
(iii) a clause granting the United States access to the
property in any case in which remedial action or corrective
action is found to be necessary after the date of such
transfer.
(B) Covenant requirements
For purposes of subparagraphs (A)(ii)(I) and (C)(iii), all
remedial action described in such subparagraph has been taken if
the construction and installation of an approved remedial design
has been completed, and the remedy has been demonstrated to the
Administrator to be operating properly and successfully. The
carrying out of long-term pumping and treating, or operation and
maintenance, after the remedy has been demonstrated to the
Administrator to be operating properly and successfully does not
preclude the transfer of the property. The requirements of
subparagraph (A)(ii) shall not apply in any case in which the
person or entity to whom the real property is transferred is a
potentially responsible party with respect to such property. The
requirements of subparagraph (A)(ii) shall not apply in any case
in which the transfer of the property occurs or has occurred by
means of a lease, without regard to whether the lessee has
agreed to purchase the property or whether the duration of the
lease is longer than 55 years. In the case of a lease entered
into after September 30, 1995, with respect to real property
located at an installation approved for closure or realignment
under a base closure law, the agency leasing the property, in
consultation with the Administrator, shall determine before
leasing the property that the property is suitable for lease,
that the uses contemplated for the lease are consistent with
protection of human health and the environment, and that there
are adequate assurances that the United States will take all
remedial action referred to in subparagraph (A)(ii) that has not
been taken on the date of the lease.
(C) Deferral
(i) In general
The Administrator, with the concurrence of the Governor
of the State in which the facility is located (in the case
of real property at a Federal facility that is listed on the
National Priorities List), or the Governor of the State in
which the facility is located (in the case of real property
at a Federal facility not listed on the National Priorities
List) may defer the requirement of subparagraph (A)(ii)(I)
with respect to the property if the Administrator or the
Governor, as the case may be, determines that the property
is suitable for transfer, based on a finding that--
(I) the property is suitable for transfer for the
use intended by the transferee, and the intended use is
consistent with protection of human health and the
environment;
(II) the deed or other agreement proposed to govern
the transfer between the United States and the
transferee of the property contains the assurances set
forth in clause (ii);
(III) the Federal agency requesting deferral has
provided notice, by publication in a newspaper of
general circulation in the vicinity of the property, of
the proposed transfer and of the opportunity for the
public to submit, within a period of not less than 30
days after the date of the notice, written comments on
the suitability of the property for transfer; and
(IV) the deferral and the transfer of the property
will not substantially delay any necessary response
action at the property.
(ii) Response action assurances
With regard to a release or threatened release of a
hazardous substance for which a Federal agency is
potentially responsible under this section, the deed or
other agreement proposed to govern the transfer shall
contain assurances that--
(I) provide for any necessary restrictions on the
use of the property to ensure the protection of human
health and the environment;
(II) provide that there will be restrictions on use
necessary to ensure that required remedial
investigations, response action, and oversight
activities will not be disrupted;
(III) provide that all necessary response action
will be taken and identify the schedules for
investigation and completion of all necessary response
action as approved by the appropriate regulatory agency;
and
(IV) provide that the Federal agency responsible for
the property subject to transfer will submit a budget
request to the Director of the Office of Management and
Budget that adequately addresses schedules for
investigation and completion of all necessary response
action, subject to congressional authorizations and
appropriations.
(iii) Warranty
When all response action necessary to protect human
health and the environment with respect to any substance
remaining on the property on the date of transfer has been
taken, the United States shall execute and deliver to the
transferee an appropriate document containing a warranty
that all such response action has been taken, and the making
of the warranty shall be considered to satisfy the
requirement of subparagraph (A)(ii)(I).
(iv) Federal responsibility
A deferral under this subparagraph shall not increase,
diminish, or affect in any manner any rights or obligations
of a Federal agency (including any rights or obligations
under this section and sections 9606 and 9607 of this title
existing prior to transfer) with respect to a property
transferred under this subparagraph.
(4) Identification of uncontaminated property
(A) In the case of real property to which this paragraph applies
(as set forth in subparagraph (E)), the head of the department,
agency, or instrumentality of the United States with jurisdiction
over the property shall identify the real property on which no
hazardous substances and no petroleum products or their derivatives
were known to have been released or disposed of. Such identification
shall be based on an investigation of the real property to determine
or discover the obviousness of the presence or likely presence of a
release or threatened release of any hazardous substance or any
petroleum product or its derivatives, including aviation fuel and
motor oil, on the real property. The identification shall consist,
at a minimum, of a review of each of the following sources of
information concerning the current and previous uses of the real
property:
(i) A detailed search of Federal Government records
pertaining to the property.
(ii) Recorded chain of title documents regarding the real
property.
(iii) Aerial photographs that may reflect prior uses of the
real property and that are reasonably obtainable through State
or local government agencies.
(iv) A visual inspection of the real property and any
buildings, structures, equipment, pipe, pipeline, or other
improvements on the real property, and a visual inspection of
properties immediately adjacent to the real property.
(v) A physical inspection of property adjacent to the real
property, to the extent permitted by owners or operators of such
property.
(vi) Reasonably obtainable Federal, State, and local
government records of each adjacent facility where there has
been a release of any hazardous substance or any petroleum
product or its derivatives, including aviation fuel and motor
oil, and which is likely to cause or contribute to a release or
threatened release of any hazardous substance or any petroleum
product or its derivatives, including aviation fuel and motor
oil, on the real property.
(vii) Interviews with current or former employees involved
in operations on the real property.
Such identification shall also be based on sampling, if appropriate
under the circumstances. The results of the identification shall be
provided immediately to the Administrator and State and local
government officials and made available to the public.
(B) The identification required under subparagraph (A) is not
complete until concurrence in the results of the identification is
obtained, in the case of real property that is part of a facility on
the National Priorities List, from the Administrator, or, in the
case of real property that is not part of a facility on the National
Priorities List, from the appropriate State official. In the case of
a concurrence which is required from a State official, the
concurrence is deemed to be obtained if, within 90 days after
receiving a request for the concurrence, the State official has not
acted (by either concurring or declining to concur) on the request
for concurrence.
(C)(i) Except as provided in clauses (ii), (iii), and (iv), the
identification and concurrence required under subparagraphs (A) and
(B), respectively, shall be made at least 6 months before the
termination of operations on the real property.
(ii) In the case of real property described in subparagraph
(E)(i)(II) on which operations have been closed or realigned or
scheduled for closure or realignment pursuant to a base closure law
described in subparagraph (E)(ii)(I) or (E)(ii)(II) by October 19,
1992, the identification and concurrence required under
subparagraphs (A) and (B), respectively, shall be made not later
than 18 months after October 19, 1992.
(iii) In the case of real property described in subparagraph
(E)(i)(II) on which operations are closed or realigned or become
scheduled for closure or realignment pursuant to the base closure
law described in subparagraph (E)(ii)(II) after October 19, 1992,
the identification and concurrence required under subparagraphs (A)
and (B), respectively, shall be made not later than 18 months after
the date by which a joint resolution disapproving the closure or
realignment of the real property under section 2904(b) of such base
closure law must be enacted, and such a joint resolution has not
been enacted.
(iv) In the case of real property described in subparagraphs
(E)(i)(II) on which operations are closed or realigned pursuant to a
base closure law described in subparagraph (E)(ii)(III) or
(E)(ii)(IV), the identification and concurrence required under
subparagraphs (A) and (B), respectively, shall be made not later
than 18 months after the date on which the real property is selected
for closure or realignment pursuant to such a base closure law.
(D) In the case of the sale or other transfer of any parcel of
real property identified under subparagraph (A), the deed entered
into for the sale or transfer of such property by the United States
to any other person or entity shall contain--
(i) a covenant warranting that any response action or
corrective action found to be necessary after the date of such
sale or transfer shall be conducted by the United States; and
(ii) a clause granting the United States access to the
property in any case in which a response action or corrective
action is found to be necessary after such date at such
property, or such access is necessary to carry out a response
action or corrective action on adjoining property.
(E)(i) This paragraph applies to--
(I) real property owned by the United States and on which
the United States plans to terminate Federal Government
operations, other than real property described in subclause
(II); and
(II) real property that is or has been used as a military
installation and on which the United States plans to close or
realign military operations pursuant to a base closure law.
(ii) For purposes of this paragraph, the term ``base closure
law includes the following:
(I) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
(II) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(III) Section 2687 of title 10.
(IV) Any provision of law authorizing the closure or
realignment of a military installation enacted on or after
October 19, 1992.
(F) Nothing in this paragraph shall affect, preclude, or
otherwise impair the termination of Federal Government operations on
real property owned by the United States.
(5) Notification of States regarding certain leases
In the case of real property owned by the United States, on
which any hazardous substance or any petroleum product or its
derivatives (including aviation fuel and motor oil) was stored for
one year or more, known to have been released, or disposed of, and
on which the United States plans to terminate Federal Government
operations, the head of the department, agency, or instrumentality
of the United States with jurisdiction over the property shall
notify the State in which the property is located of any lease
entered into by the United States that will encumber the property
beyond the date of termination of operations on the property. Such
notification shall be made before entering into the lease and shall
include the length of the lease, the name of person to whom the
property is leased, and a description of the uses that will be
allowed under the lease of the property and buildings and other
structures on the property.
(i) Obligations under Solid Waste Disposal Act
Nothing in this section shall affect or impair the obligation of any
department, agency, or instrumentality of the United States to comply
with any requirement of the Solid Waste Disposal Act [42 U.S.C. 6901 et
seq.] (including corrective action requirements).
(j) National security
(1) Site specific Presidential orders
The President may issue such orders regarding response actions
at any specified site or facility of the Department of Energy or the
Department of Defense as may be necessary to protect the national
security interests of the United States at that site or facility.
Such orders may include, where necessary to protect such interests,
an exemption from any requirement contained in this subchapter or
under title III of the Superfund Amendments and Reauthorization Act
of 1986 [42 U.S.C. 11001 et seq.] with respect to the site or
facility concerned. The President shall notify the Congress within
30 days of the issuance of an order under this paragraph providing
for any such exemption. Such notification shall include a statement
of the reasons for the granting of the exemption. An exemption under
this paragraph shall be for a specified period which may not exceed
one year. Additional exemptions may be granted, each upon the
Presidents issuance of a new order under this paragraph for the
site or facility concerned. Each such additional exemption shall be
for a specified period which may not exceed one year. It is the
intention of the Congress that whenever an exemption is issued under
this paragraph the response action shall proceed as expeditiously as
practicable. The Congress shall be notified periodically of the
progress of any response action with respect to which an exemption
has been issued under this paragraph. No exemption shall be granted
under this paragraph due to lack of appropriation unless the
President shall have specifically requested such appropriation as a
part of the budgetary process and the Congress shall have failed to
make available such requested appropriation.
(2) Classified information
Notwithstanding any other provision of law, all requirements of
the Atomic Energy Act [42 U.S.C. 2011 et seq.] and all Executive
orders concerning the handling of restricted data and national
security information, including ``need to know requirements, shall
be applicable to any grant of access to classified information under
the provisions of this chapter or under title III of the Superfund
Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et
seq.].
(Pub. L. 96-510, title I, Sec. 120, as added Pub. L. 99-499, title I,
Sec. 120(a), Oct. 17, 1986, 100 Stat. 1666; amended Pub. L. 102-426,
Secs. 3-5, Oct. 19, 1992, 106 Stat. 2175-2177; Pub. L. 104-106, div. B,
title XXVIII, Sec. 2834, Feb. 10, 1996, 110 Stat. 559; Pub. L. 104-201,
div. A, title III, Secs. 330, 331, 334, Sept. 23, 1996, 110 Stat. 2484,
2486.)
References in Text
Section 2904(b) of such base closure law, referred to in subsec.
(h)(4)(C)(iii), means section 2904(b) of Pub. L. 101-510, which is set
out as a note under section 2687 of Title 10, Armed Forces.
The Solid Waste Disposal Act, referred to in subsec. (i), is title
II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
Title III of the Superfund Amendments and Reauthorization Act of
1986, referred to in subsec. (j), is title III of Pub. L. 99-499, Oct.
17, 1986, 100 Stat. 1728, known as the Emergency Planning and Community
Right-To-Know Act of 1986, which is classified generally to chapter 116
(Sec. 11001 et seq.) of this title. For complete classification of title
III to the Code, see Short Title note set out under section 11001 of
this title and Tables.
The Atomic Energy Act, referred to in subsec. (j)(2), probably means
the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by
act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is
classified generally to chapter 23 (Sec. 2011 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2011 of this title and Tables.
Amendments
1996--Subsec. (a)(4). Pub. L. 104-201, Sec. 334(b), inserted ``or
facilities that are the subject of a deferral under subsection (h)(3)(C)
of this section after ``United States.
Subsec. (d). Pub. L. 104-201, Sec. 330(2)-(4), designated existing
provisions as par. (1), inserted par. heading, substituted ``The
Administrator for ``Not later than 18 months after October 17, 1986,
the Administrator, realigned margins of par. (1) and subpars. (A) and
(B), and substituted pars. (2) and (3) for ``Such criteria shall be
applied in the same manner as the criteria are applied to facilities
which are owned or operated by other persons. Evaluation and listing
under this subsection shall be completed not later than 30 months after
October 17, 1986. Upon the receipt of a petition from the Governor of
any State, the Administrator shall make such an evaluation of any
facility included in the docket.
Pub. L. 104-201, Sec. 330(1), redesignated pars. (1) and (2) as
subpars. (A) and (B), respectively.
Subsec. (h)(3). Pub. L. 104-201, Sec. 334(a)(8), added subpar. (C).
Pub. L. 104-201, Sec. 334(a)(6), (7), designated existing provisions
as subpar. (B), inserted heading, substituted ``For purposes of
subparagraphs (A)(ii)(I) and (C)(iii) for ``For purposes of
subparagraph (B)(i), and substituted ``subparagraph (A)(ii) for
``subparagraph (B) in three places.
Pub. L. 104-201, Sec. 334(a)(1)-(5), designated first sentence as
subpar. (A), inserted heading, redesignated former subpar. (A) and cls.
(i) to (iii) of that subpar. as cl. (i) of subpar. (A) and subcls. (I)
to (III) of that cl., respectively, redesignated former subpar. (B) and
cls. (i) and (ii) of that subpar. as cl. (ii) of subpar. (A) and subcls.
(I) and (II) of that cl., respectively, redesignated former subpar. (C)
as cl. (iii) of subpar. (A), and realigned margins of such cls. and
subcls.
Pub. L. 104-106, Sec. 2834(2), which directed that par. (3) be
amended in the matter following subpar. (C) by adding at the end, flush
to the paragraph margin, the following, was executed by inserting the
following provision at the end of the concluding provisions ``The
requirements of subparagraph (B) shall not apply in any case in which
the person or entity to whom the real property is transferred is a
potentially responsible party with respect to such property. The
requirements of subparagraph (B) shall not apply in any case in which
the transfer of the property occurs or has occurred by means of a lease,
without regard to whether the lessee has agreed to purchase the property
or whether the duration of the lease is longer than 55 years. In the
case of a lease entered into after September 30, 1995, with respect to
real property located at an installation approved for closure or
realignment under a base closure law, the agency leasing the property,
in consultation with the Administrator, shall determine before leasing
the property that the property is suitable for lease, that the uses
contemplated for the lease are consistent with protection of human
health and the environment, and that there are adequate assurances that
the United States will take all remedial action referred to in
subparagraph (B) that has not been taken on the date of the lease.
Pub. L. 104-106, Sec. 2834(1), struck out first sentence of
concluding provisions which read as follows: ``The requirements of
subparagraph (B) shall not apply in any case in which the person or
entity to whom the property is transferred is a potentially responsible
party with respect to such real property.
Subsec. (h)(4)(A). Pub. L. 104-201, Sec. 331, substituted ``known to
have been released for ``stored for one year or more, known to have
been released,.
1992--Subsec. (h)(3). Pub. L. 102-426, Sec. 4(a), inserted at end
``For purposes of subparagraph (B)(i), all remedial action described in
such subparagraph has been taken if the construction and installation of
an approved remedial design has been completed, and the remedy has been
demonstrated to the Administrator to be operating properly and
successfully. The carrying out of long-term pumping and treating, or
operation and maintenance, after the remedy has been demonstrated to the
Administrator to be operating properly and successfully does not
preclude the transfer of the property.
Subsec. (h)(3)(C). Pub. L. 102-426, Sec. 4(b), added subpar. (C).
Subsec. (h)(4). Pub. L. 102-426, Sec. 3, added par. (4).
Subsec. (h)(5). Pub. L. 102-426, Sec. 5, added par. (5).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which a
report required under subsec. (e)(5) of this section is listed as the
5th item on page 151), see section 3003 of Pub. L. 104-66, as amended,
and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out
as notes under section 1113 of Title 31, Money and Finance.
Identification of Uncontaminated Property at Installations To Be Closed
Pub. L. 103-160, div. B, title XXIX, Sec. 2910, Nov. 30, 1993, 107
Stat. 1924, provided that: ``The identification by the Secretary of
Defense required under section 120(h)(4)(A) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(4)(A)), and the concurrence required under section
120(h)(4)(B) of such Act, shall be made not later than the earlier of--
``(1) the date that is 9 months after the date of the submittal,
if any, to the transition coordinator for the installation concerned
of a specific use proposed for all or a portion of the real property
of the installation; or
``(2) the date specified in section 120(h)(4)(C)(iii) of such
Act.
Congressional Findings
Section 2 of Pub. L. 102-426 provided that: ``The Congress finds the
following:
``(1) The closure of certain Federal facilities is having
adverse effects on the economies of local communities by eliminating
jobs associated with such facilities, and delay in remediation of
environmental contamination of real property at such facilities is
preventing transfer and private development of such property.
``(2) Each department, agency, or instrumentality of the United
States, in cooperation with local communities, should expeditiously
identify real property that offers the greatest opportunity for
reuse and redevelopment on each facility under the jurisdiction of
the department, agency, or instrumentality where operations are
terminating.
``(3) Remedial actions, including remedial investigations and
feasibility studies, and corrective actions at such Federal
facilities should be expedited in a manner to facilitate
environmental protection and the sale or transfer of such excess
real property for the purpose of mitigating adverse economic effects
on the surrounding community.
``(4) Each department, agency, or instrumentality of the United
States, in accordance with applicable law, should make available
without delay such excess real property.
``(5) In the case of any real property owned by the United
States and transferred to another person, the United States
Government should remain responsible for conducting any remedial
action or corrective action necessary to protect human health and
the environment with respect to any hazardous substance or petroleum
product or its derivatives, including aviation fuel and motor oil,
that was present on such real property at the time of transfer.
Applicability
Section 120(b) of Pub. L. 99-499 provided that: ``Section 120 of
CERCLA [42 U.S.C. 9620] shall not apply to any response action or
remedial action for which a plan is under development by the Department
of Energy on the date of enactment of this Act [Oct. 17, 1986] with
respect to facilities--
``(1) owned or operated by the United States and subject to the
jurisdiction of such Department;
``(2) located in St. Charles and St. Louis counties, Missouri,
or the city of St. Louis, Missouri, and
``(3) published in the National Priorities List.
In preparing such plans, the Secretary of Energy shall consult with the
Administrator of the Environmental Protection Agency.
Section Referred to in Other Sections
This section is referred to in sections 7274q, 9604, 9607, 9609,
9613, 9617, 9622, 9659 of this title; title 10 section 2701.
Sec. 9621. Cleanup standards
(a) Selection of remedial action
The President shall select appropriate remedial actions determined
to be necessary to be carried out under section 9604 of this title or
secured under section 9606 of this title which are in accordance with
this section and, to the extent practicable, the national contingency
plan, and which provide for cost-effective response. In evaluating the
cost effectiveness of proposed alternative remedial actions, the
President shall take into account the total short- and long-term costs
of such actions, including the costs of operation and maintenance for
the entire period during which such activities will be required.
(b) General rules
(1) Remedial actions in which treatment which permanently and
significantly reduces the volume, toxicity or mobility of the hazardous
substances, pollutants, and contaminants is a principal element, are to
be preferred over remedial actions not involving such treatment. The
offsite transport and disposal of hazardous substances or contaminated
materials without such treatment should be the least favored alternative
remedial action where practicable treatment technologies are available.
The President shall conduct an assessment of permanent solutions and
alternative treatment technologies or resource recovery technologies
that, in whole or in part, will result in a permanent and significant
decrease in the toxicity, mobility, or volume of the hazardous
substance, pollutant, or contaminant. In making such assessment, the
President shall specifically address the long-term effectiveness of
various alternatives. In assessing alternative remedial actions, the
President shall, at a minimum, take into account:
(A) the long-term uncertainties associated with land disposal;
(B) the goals, objectives, and requirements of the Solid Waste
Disposal Act [42 U.S.C. 6901 et seq.];
(C) the persistence, toxicity, mobility, and propensity to
bioaccumulate of such hazardous substances and their constituents;
(D) short- and long-term potential for adverse health effects
from human exposure;
(E) long-term maintenance costs;
(F) the potential for future remedial action costs if the
alternative remedial action in question were to fail; and
(G) the potential threat to human health and the environment
associated with excavation, transportation, and redisposal, or
containment.
The President shall select a remedial action that is protective of human
health and the environment, that is cost effective, and that utilizes
permanent solutions and alternative treatment technologies or resource
recovery technologies to the maximum extent practicable. If the
President selects a remedial action not appropriate for a preference
under this subsection, the President shall publish an explanation as to
why a remedial action involving such reductions was not selected.
(2) The President may select an alternative remedial action meeting
the objectives of this subsection whether or not such action has been
achieved in practice at any other facility or site that has similar
characteristics. In making such a selection, the President may take into
account the degree of support for such remedial action by parties
interested in such site.
(c) Review
If the President selects a remedial action that results in any
hazardous substances, pollutants, or contaminants remaining at the site,
the President shall review such remedial action no less often than each
5 years after the initiation of such remedial action to assure that
human health and the environment are being protected by the remedial
action being implemented. In addition, if upon such review it is the
judgment of the President that action is appropriate at such site in
accordance with section 9604 or 9606 of this title, the President shall
take or require such action. The President shall report to the Congress
a list of facilities for which such review is required, the results of
all such reviews, and any actions taken as a result of such reviews.
(d) Degree of cleanup
(1) Remedial actions selected under this section or otherwise
required or agreed to by the President under this chapter shall attain a
degree of cleanup of hazardous substances, pollutants, and contaminants
released into the environment and of control of further release at a
minimum which assures protection of human health and the environment.
Such remedial actions shall be relevant and appropriate under the
circumstances presented by the release or threatened release of such
substance, pollutant, or contaminant.
(2)(A) With respect to any hazardous substance, pollutant or
contaminant that will remain onsite, if--
(i) any standard, requirement, criteria, or limitation under any
Federal environmental law, including, but not limited to, the Toxic
Substances Control Act [15 U.S.C. 2601 et seq.], the Safe Drinking
Water Act [42 U.S.C. 300f et seq.], the Clean Air Act [42 U.S.C.
7401 et seq.], the Clean Water Act [33 U.S.C. 1251 et seq.], the
Marine Protection, Research and Sanctuaries Act [16 U.S.C. 1431 et
seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.], or the
Solid Waste Disposal Act [42 U.S.C. 6901 et seq.]; or
(ii) any promulgated standard, requirement, criteria, or
limitation under a State environmental or facility siting law that
is more stringent than any Federal standard, requirement, criteria,
or limitation, including each such State standard, requirement,
criteria, or limitation contained in a program approved, authorized
or delegated by the Administrator under a statute cited in
subparagraph (A), and that has been identified to the President by
the State in a timely manner,
is legally applicable to the hazardous substance or pollutant or
contaminant concerned or is relevant and appropriate under the
circumstances of the release or threatened release of such hazardous
substance or pollutant or contaminant, the remedial action selected
under section 9604 of this title or secured under section 9606 of this
title shall require, at the completion of the remedial action, a level
or standard of control for such hazardous substance or pollutant or
contaminant which at least attains such legally applicable or relevant
and appropriate standard, requirement, criteria, or limitation. Such
remedial action shall require a level or standard of control which at
least attains Maximum Contaminant Level Goals established under the Safe
Drinking Water Act [42 U.S.C. 300f et seq.] and water quality criteria
established under section 304 or 303 of the Clean Water Act [33 U.S.C.
1314, 1313], where such goals or criteria are relevant and appropriate
under the circumstances of the release or threatened release.
(B)(i) In determining whether or not any water quality criteria
under the Clean Water Act [33 U.S.C. 1251 et seq.] is relevant and
appropriate under the circumstances of the release or threatened
release, the President shall consider the designated or potential use of
the surface or groundwater, the environmental media affected, the
purposes for which such criteria were developed, and the latest
information available.
(ii) For the purposes of this section, a process for establishing
alternate concentration limits to those otherwise applicable for
hazardous constituents in groundwater under subparagraph (A) may not be
used to establish applicable standards under this paragraph if the
process assumes a point of human exposure beyond the boundary of the
facility, as defined at the conclusion of the remedial investigation and
feasibility study, except where--
(I) there are known and projected points of entry of such
groundwater into surface water; and
(II) on the basis of measurements or projections, there is or
will be no statistically significant increase of such constituents
from such groundwater in such surface water at the point of entry or
at any point where there is reason to believe accumulation of
constituents may occur downstream; and
(III) the remedial action includes enforceable measures that
will preclude human exposure to the contaminated groundwater at any
point between the facility boundary and all known and projected
points of entry of such groundwater into surface water
then the assumed point of human exposure may be at such known and
projected points of entry.
(C)(i) Clause (ii) of this subparagraph shall be applicable only in
cases where, due to the Presidents selection, in compliance with
subsection (b)(1) of this section, of a proposed remedial action which
does not permanently and significantly reduce the volume, toxicity, or
mobility of hazardous substances, pollutants, or contaminants, the
proposed disposition of waste generated by or associated with the
remedial action selected by the President is land disposal in a State
referred to in clause (ii).
(ii) Except as provided in clauses (iii) and (iv), a State standard,
requirement, criteria, or limitation (including any State siting
standard or requirement) which could effectively result in the statewide
prohibition of land disposal of hazardous substances, pollutants, or
contaminants shall not apply.
(iii) Any State standard, requirement, criteria, or limitation
referred to in clause (ii) shall apply where each of the following
conditions is met:
(I) The State standard, requirement, criteria, or limitation is
of general applicability and was adopted by formal means.
(II) The State standard, requirement, criteria, or limitation
was adopted on the basis of hydrologic, geologic, or other relevant
considerations and was not adopted for the purpose of precluding
onsite remedial actions or other land disposal for reasons unrelated
to protection of human health and the environment.
(III) The State arranges for, and assures payment of the
incremental costs of utilizing, a facility for disposition of the
hazardous substances, pollutants, or contaminants concerned.
(iv) Where the remedial action selected by the President does not
conform to a State standard and the State has initiated a law suit
against the Environmental Protection Agency prior to May 1, 1986, to
seek to have the remedial action conform to such standard, the President
shall conform the remedial action to the State standard. The State shall
assure the availability of an offsite facility for such remedial action.
(3) In the case of any removal or remedial action involving the
transfer of any hazardous substance or pollutant or contaminant offsite,
such hazardous substance or pollutant or contaminant shall only be
transferred to a facility which is operating in compliance with section
3004 and 3005 of the Solid Waste Disposal Act [42 U.S.C. 6924, 6925]
(or, where applicable, in compliance with the Toxic Substances Control
Act [15 U.S.C. 2601 et seq.] or other applicable Federal law) and all
applicable State requirements. Such substance or pollutant or
contaminant may be transferred to a land disposal facility only if the
President determines that both of the following requirements are met:
(A) The unit to which the hazardous substance or pollutant or
contaminant is transferred is not releasing any hazardous waste, or
constituent thereof, into the groundwater or surface water or soil.
(B) All such releases from other units at the facility are being
controlled by a corrective action program approved by the
Administrator under subtitle C of the Solid Waste Disposal Act [42
U.S.C. 6921 et seq.].
The President shall notify the owner or operator of such facility of
determinations under this paragraph.
(4) The President may select a remedial action meeting the
requirements of paragraph (1) that does not attain a level or standard
of control at least equivalent to a legally applicable or relevant and
appropriate standard, requirement, criteria, or limitation as required
by paragraph (2) (including subparagraph (B) thereof), if the President
finds that--
(A) the remedial action selected is only part of a total
remedial action that will attain such level or standard of control
when completed;
(B) compliance with such requirement at that facility will
result in greater risk to human health and the environment than
alternative options;
(C) compliance with such requirements is technically
impracticable from an engineering perspective;
(D) the remedial action selected will attain a standard of
performance that is equivalent to that required under the otherwise
applicable standard, requirement, criteria, or limitation, through
use of another method or approach;
(E) with respect to a State standard, requirement, criteria, or
limitation, the State has not consistently applied (or demonstrated
the intention to consistently apply) the standard, requirement,
criteria, or limitation in similar circumstances at other remedial
actions within the State; or
(F) in the case of a remedial action to be undertaken solely
under section 9604 of this title using the Fund, selection of a
remedial action that attains such level or standard of control will
not provide a balance between the need for protection of public
health and welfare and the environment at the facility under
consideration, and the availability of amounts from the Fund to
respond to other sites which present or may present a threat to
public health or welfare or the environment, taking into
consideration the relative immediacy of such threats.
The President shall publish such findings, together with an explanation
and appropriate documentation.
(e) Permits and enforcement
(1) No Federal, State, or local permit shall be required for the
portion of any removal or remedial action conducted entirely onsite,
where such remedial action is selected and carried out in compliance
with this section.
(2) A State may enforce any Federal or State standard, requirement,
criteria, or limitation to which the remedial action is required to
conform under this chapter in the United States district court for the
district in which the facility is located. Any consent decree shall
require the parties to attempt expeditiously to resolve disagreements
concerning implementation of the remedial action informally with the
appropriate Federal and State agencies. Where the parties agree, the
consent decree may provide for administrative enforcement. Each consent
decree shall also contain stipulated penalties for violations of the
decree in an amount not to exceed $25,000 per day, which may be enforced
by either the President or the State. Such stipulated penalties shall
not be construed to impair or affect the authority of the court to order
compliance with the specific terms of any such decree.
(f) State involvement
(1) The President shall promulgate regulations providing for
substantial and meaningful involvement by each State in initiation,
development, and selection of remedial actions to be undertaken in that
State. The regulations, at a minimum, shall include each of the
following:
(A) State involvement in decisions whether to perform a
preliminary assessment and site inspection.
(B) Allocation of responsibility for hazard ranking system
scoring.
(C) State concurrence in deleting sites from the National
Priorities List.
(D) State participation in the long-term planning process for
all remedial sites within the State.
(E) A reasonable opportunity for States to review and comment on
each of the following:
(i) The remedial investigation and feasibility study and all
data and technical documents leading to its issuance.
(ii) The planned remedial action identified in the remedial
investigation and feasibility study.
(iii) The engineering design following selection of the
final remedial action.
(iv) Other technical data and reports relating to
implementation of the remedy.
(v) Any proposed finding or decision by the President to
exercise the authority of subsection (d)(4) of this section.
(F) Notice to the State of negotiations with potentially
responsible parties regarding the scope of any response action at a
facility in the State and an opportunity to participate in such
negotiations and, subject to paragraph (2), be a party to any
settlement.
(G) Notice to the State and an opportunity to comment on the
Presidents proposed plan for remedial action as well as on
alternative plans under consideration. The Presidents proposed
decision regarding the selection of remedial action shall be
accompanied by a response to the comments submitted by the State,
including an explanation regarding any decision under subsection
(d)(4) of this section on compliance with promulgated State
standards. A copy of such response shall also be provided to the
State.
(H) Prompt notice and explanation of each proposed action to the
State in which the facility is located.
Prior to the promulgation of such regulations, the President shall
provide notice to the State of negotiations with potentially responsible
parties regarding the scope of any response action at a facility in the
State, and such State may participate in such negotiations and, subject
to paragraph (2), any settlements.
(2)(A) This paragraph shall apply to remedial actions secured under
section 9606 of this title. At least 30 days prior to the entering of
any consent decree, if the President proposes to select a remedial
action that does not attain a legally applicable or relevant and
appropriate standard, requirement, criteria, or limitation, under the
authority of subsection (d)(4) of this section, the President shall
provide an opportunity for the State to concur or not concur in such
selection. If the State concurs, the State may become a signatory to the
consent decree.
(B) If the State does not concur in such selection, and the State
desires to have the remedial action conform to such standard,
requirement, criteria, or limitation, the State shall intervene in the
action under section 9606 of this title before entry of the consent
decree, to seek to have the remedial action so conform. Such
intervention shall be a matter of right. The remedial action shall
conform to such standard, requirement, criteria, or limitation if the
State establishes, on the administrative record, that the finding of the
President was not supported by substantial evidence. If the court
determines that the remedial action shall conform to such standard,
requirement, criteria, or limitation, the remedial action shall be so
modified and the State may become a signatory to the decree. If the
court determines that the remedial action need not conform to such
standard, requirement, criteria, or limitation, and the State pays or
assures the payment of the additional costs attributable to meeting such
standard, requirement, criteria, or limitation, the remedial action
shall be so modified and the State shall become a signatory to the
decree.
(C) The President may conclude settlement negotiations with
potentially responsible parties without State concurrence.
(3)(A) This paragraph shall apply to remedial actions at facilities
owned or operated by a department, agency, or instrumentality of the
United States. At least 30 days prior to the publication of the
Presidents final remedial action plan, if the President proposes to
select a remedial action that does not attain a legally applicable or
relevant and appropriate standard, requirement, criteria, or limitation,
under the authority of subsection (d)(4) of this section, the President
shall provide an opportunity for the State to concur or not concur in
such selection. If the State concurs, or does not act within 30 days,
the remedial action may proceed.
(B) If the State does not concur in such selection as provided in
subparagraph (A), and desires to have the remedial action conform to
such standard, requirement, criteria, or limitation, the State may
maintain an action as follows:
(i) If the President has notified the State of selection of such
a remedial action, the State may bring an action within 30 days of
such notification for the sole purpose of determining whether the
finding of the President is supported by substantial evidence. Such
action shall be brought in the United States district court for the
district in which the facility is located.
(ii) If the State establishes, on the administrative record,
that the Presidents finding is not supported by substantial
evidence, the remedial action shall be modified to conform to such
standard, requirement, criteria, or limitation.
(iii) If the State fails to establish that the Presidents
finding was not supported by substantial evidence and if the State
pays, within 60 days of judgment, the additional costs attributable
to meeting such standard, requirement, criteria, or limitation, the
remedial action shall be selected to meet such standard,
requirement, criteria, or limitation. If the State fails to pay
within 60 days, the remedial action selected by the President shall
proceed through completion.
(C) Nothing in this section precludes, and the court shall not
enjoin, the Federal agency from taking any remedial action unrelated to
or not inconsistent with such standard, requirement, criteria, or
limitation.
(Pub. L. 96-510, title I, Sec. 121, as added Pub. L. 99-499, title I,
Sec. 121(a), Oct. 17, 1986, 100 Stat. 1672.)
References in Text
The Solid Waste Disposal Act, referred to in subsecs. (b)(1)(B) and
(d)(2)(A)(i), (3)(B), is title II of Pub. L. 89-272, Oct. 20, 1965, 79
Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21,
1976, 90 Stat. 2795, which is classified generally to chapter 82
(Sec. 6901 et seq.) of this title. Subtitle C of the Solid Waste
Disposal Act is classified generally to subchapter III (Sec. 6921 et
seq.) of chapter 82 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 6901 of this
title and Tables.
The Toxic Substances Control Act, referred to in subsec.
(d)(2)(A)(i), (3), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as
amended, which is classified generally to chapter 53 (Sec. 2601 et seq.)
of Title 15, Commerce and Trade. For complete classification of this Act
to the Code, see Short Title note set out under section 2601 of Title 15
and Tables.
The Safe Drinking Water Act, referred to in subsec. (d)(2)(A), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523,
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to
subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 201 of this title and Tables.
The Clean Air Act, referred to in subsec. (d)(2)(A)(i), is act July
14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of this title and Tables.
The Clean Water Act, referred to in subsec. (d)(2)(A)(i), (B)(i), is
act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water
Pollution Control Act, which is classified generally to chapter 26
(Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For
complete classification of this Act to the Code, see Short Title note
set out under section 1251 of Title 33 and Tables.
The Marine Protection, Research and Sanctuaries Act, referred to in
subsec. (d)(2)(A)(i), probably means the Marine Protection, Research and
Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1052,
as amended, which enacted chapters 32 (Sec. 1431 et seq.) and 32A
(Sec. 1447 et seq.) of Title 16, Conservation, and chapters 27
(Sec. 1401 et seq.) and 41 (Sec. 2801 et seq.) of Title 33. For complete
classification of this Act to the Code, see Short Title note set out
under section 1401 of Title 33 and Tables.
Effective Date
Section 121(b) of Pub. L. 99-499 provided that: ``With respect to
section 121 of CERCLA [this section], as added by this section--
``(1) The requirements of section 121 of CERCLA shall not apply
to any remedial action for which the Record of Decision (hereinafter
in this section referred to as the `ROD) was signed, or the consent
decree was lodged, before date of enactment [Oct. 17, 1986].
``(2) If the ROD was signed, or the consent decree lodged,
within the 30-day period immediately following enactment of the Act
[Oct. 17, 1986], the Administrator shall certify in writing that the
portion of the remedial action covered by the ROD or consent decree
complies to the maximum extent practicable with section 121 of
CERCLA.
Any ROD signed before enactment of this Act [Oct. 17, 1986] and reopened
after enactment of this Act to modify or supplement the selection of
remedy shall be subject to the requirements of section 121 of CERCLA.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which the
report under subsec. (c) of this section appears to be the report listed
as the 15th item on page 20), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance.
Section Referred to in Other Sections
This section is referred to in sections 9604, 9613, 9617, 9620 of
this title.
Sec. 9622. Settlements
(a) Authority to enter into agreements
The President, in his discretion, may enter into an agreement with
any person (including the owner or operator of the facility from which a
release or substantial threat of release emanates, or any other
potentially responsible person), to perform any response action
(including any action described in section 9604(b) of this title) if the
President determines that such action will be done properly by such
person. Whenever practicable and in the public interest, as determined
by the President, the President shall act to facilitate agreements under
this section that are in the public interest and consistent with the
National Contingency Plan in order to expedite effective remedial
actions and minimize litigation. If the President decides not to use the
procedures in this section, the President shall notify in writing
potentially responsible parties at the facility of such decision and the
reasons why use of the procedures is inappropriate. A decision of the
President to use or not to use the procedures in this section is not
subject to judicial review.
(b) Agreements with potentially responsible parties
(1) Mixed funding
An agreement under this section may provide that the President
will reimburse the parties to the agreement from the Fund, with
interest, for certain costs of actions under the agreement that the
parties have agreed to perform but which the President has agreed to
finance. In any case in which the President provides such
reimbursement, the President shall make all reasonable efforts to
recover the amount of such reimbursement under section 9607 of this
title or under other relevant authorities.
(2) Reviewability
The Presidents decisions regarding the availability of fund
financing under this subsection shall not be subject to judicial
review under subsection (d) of this section.
(3) Retention of funds
If, as part of any agreement, the President will be carrying out
any action and the parties will be paying amounts to the President,
the President may, notwithstanding any other provision of law,
retain and use such amounts for purposes of carrying out the
agreement.
(4) Future obligation of Fund
In the case of a completed remedial action pursuant to an
agreement described in paragraph (1), the Fund shall be subject to
an obligation for subsequent remedial actions at the same facility
but only to the extent that such subsequent actions are necessary by
reason of the failure of the original remedial action. Such
obligation shall be in a proportion equal to, but not exceeding, the
proportion contributed by the Fund for the original remedial action.
The Funds obligation for such future remedial action may be met
through Fund expenditures or through payment, following settlement
or enforcement action, by parties who were not signatories to the
original agreement.
(c) Effect of agreement
(1) Liability
Whenever the President has entered into an agreement under this
section, the liability to the United States under this chapter of
each party to the agreement, including any future liability to the
United States, arising from the release or threatened release that
is the subject of the agreement shall be limited as provided in the
agreement pursuant to a covenant not to sue in accordance with
subsection (f) of this section. A covenant not to sue may provide
that future liability to the United States of a settling potentially
responsible party under the agreement may be limited to the same
proportion as that established in the original settlement agreement.
Nothing in this section shall limit or otherwise affect the
authority of any court to review in the consent decree process under
subsection (d) of this section any covenant not to sue contained in
an agreement under this section. In determining the extent to which
the liability of parties to an agreement shall be limited pursuant
to a covenant not to sue, the President shall be guided by the
principle that a more complete covenant not to sue shall be provided
for a more permanent remedy undertaken by such parties.
(2) Actions against other persons
If an agreement has been entered into under this section, the
President may take any action under section 9606 of this title
against any person who is not a party to the agreement, once the
period for submitting a proposal under subsection (e)(2)(B) of this
section has expired. Nothing in this section shall be construed to
affect either of the following:
(A) The liability of any person under section 9606 or 9607
of this title with respect to any costs or damages which are not
included in the agreement.
(B) The authority of the President to maintain an action
under this chapter against any person who is not a party to the
agreement.
(d) Enforcement
(1) Cleanup agreements
(A) Consent decree
Whenever the President enters into an agreement under this
section with any potentially responsible party with respect to
remedial action under section 9606 of this title, following
approval of the agreement by the Attorney General, except as
otherwise provided in the case of certain administrative
settlements referred to in subsection (g) of this section, the
agreement shall be entered in the appropriate United States
district court as a consent decree. The President need not make
any finding regarding an imminent and substantial endangerment
to the public health or the environment in connection with any
such agreement or consent decree.
(B) Effect
The entry of any consent decree under this subsection shall
not be construed to be an acknowledgment by the parties that the
release or threatened release concerned constitutes an imminent
and substantial endangerment to the public health or welfare or
the environment. Except as otherwise provided in the Federal
Rules of Evidence, the participation by any party in the process
under this section shall not be considered an admission of
liability for any purpose, and the fact of such participation
shall not be admissible in any judicial or administrative
proceeding, including a subsequent proceeding under this
section.
(C) Structure
The President may fashion a consent decree so that the
entering of such decree and compliance with such decree or with
any determination or agreement made pursuant to this section
shall not be considered an admission of liability for any
purpose.
(2) Public participation
(A) Filing of proposed judgment
At least 30 days before a final judgment is entered under
paragraph (1), the proposed judgment shall be filed with the
court.
(B) Opportunity for comment
The Attorney General shall provide an opportunity to persons
who are not named as parties to the action to comment on the
proposed judgment before its entry by the court as a final
judgment. The Attorney General shall consider, and file with the
court, any written comments, views, or allegations relating to
the proposed judgment. The Attorney General may withdraw or
withhold its consent to the proposed judgment if the comments,
views, and allegations concerning the judgment disclose facts or
considerations which indicate that the proposed judgment is
inappropriate, improper, or inadequate.
(3) 9604(b) agreements
Whenever the President enters into an agreement under this
section with any potentially responsible party with respect to
action under section 9604(b) of this title, the President shall
issue an order or enter into a decree setting forth the obligations
of such party. The United States district court for the district in
which the release or threatened release occurs may enforce such
order or decree.
(e) Special notice procedures
(1) Notice
Whenever the President determines that a period of negotiation
under this subsection would facilitate an agreement with potentially
responsible parties for taking response action (including any action
described in section 9604(b) of this title) and would expedite
remedial action, the President shall so notify all such parties and
shall provide them with information concerning each of the
following:
(A) The names and addresses of potentially responsible
parties (including owners and operators and other persons
referred to in section 9607(a) of this title), to the extent
such information is available.
(B) To the extent such information is available, the volume
and nature of substances contributed by each potentially
responsible party identified at the facility.
(C) A ranking by volume of the substances at the facility,
to the extent such information is available.
The President shall make the information referred to in this
paragraph available in advance of notice under this paragraph upon
the request of a potentially responsible party in accordance with
procedures provided by the President. The provisions of subsection
(e) of section 9604 of this title regarding protection of
confidential information apply to information provided under this
paragraph. Disclosure of information generated by the President
under this section to persons other than the Congress, or any duly
authorized Committee thereof, is subject to other privileges or
protections provided by law, including (but not limited to) those
applicable to attorney work product. Nothing contained in this
paragraph or in other provisions of this chapter shall be construed,
interpreted, or applied to diminish the required disclosure of
information under other provisions of this or other Federal or State
laws.
(2) Negotiation
(A) Moratorium
Except as provided in this subsection, the President may not
commence action under section 9604(a) of this title or take any
action under section 9606 of this title for 120 days after
providing notice and information under this subsection with
respect to such action. Except as provided in this subsection,
the President may not commence a remedial investigation and
feasibility study under section 9604(b) of this title for 90
days after providing notice and information under this
subsection with respect to such action. The President may
commence any additional studies or investigations authorized
under section 9604(b) of this title, including remedial design,
during the negotiation period.
(B) Proposals
Persons receiving notice and information under paragraph (1)
of this subsection with respect to action under section 9606 of
this title shall have 60 days from the date of receipt of such
notice to make a proposal to the President for undertaking or
financing the action under section 9606 of this title. Persons
receiving notice and information under paragraph (1) of this
subsection with respect to action under section 9604(b) of this
title shall have 60 days from the date of receipt of such notice
to make a proposal to the President for undertaking or financing
the action under section 9604(b) of this title.
(C) Additional parties
If an additional potentially responsible party is identified
during the negotiation period or after an agreement has been
entered into under this subsection concerning a release or
threatened release, the President may bring the additional party
into the negotiation or enter into a separate agreement with
such party.
(3) Preliminary allocation of responsibility
(A) In general
The President shall develop guidelines for preparing
nonbinding preliminary allocations of responsibility. In
developing these guidelines the President may include such
factors as the President considers relevant, such as: volume,
toxicity, mobility, strength of evidence, ability to pay,
litigative risks, public interest considerations, precedential
value, and inequities and aggravating factors. When it would
expedite settlements under this section and remedial action, the
President may, after completion of the remedial investigation
and feasibility study, provide a nonbinding preliminary
allocation of responsibility which allocates percentages of the
total cost of response among potentially responsible parties at
the facility.
(B) Collection of information
To collect information necessary or appropriate for
performing the allocation under subparagraph (A) or for
otherwise implementing this section, the President may by
subpoena require the attendance and testimony of witnesses and
the production of reports, papers, documents, answers to
questions, and other information that the President deems
necessary. Witnesses shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States. In
the event of contumacy or failure or refusal of any person to
obey any such subpoena, any district court of the United States
in which venue is proper shall have jurisdiction to order any
such person to comply with such subpoena. Any failure to obey
such an order of the court is punishable by the court as a
contempt thereof.
(C) Effect
The nonbinding preliminary allocation of responsibility
shall not be admissible as evidence in any proceeding, and no
court shall have jurisdiction to review the nonbinding
preliminary allocation of responsibility. The nonbinding
preliminary allocation of responsibility shall not constitute an
apportionment or other statement on the divisibility of harm or
causation.
(D) Costs
The costs incurred by the President in producing the
nonbinding preliminary allocation of responsibility shall be
reimbursed by the potentially responsible parties whose offer is
accepted by the President. Where an offer under this section is
not accepted, such costs shall be considered costs of response.
(E) Decision to reject offer
Where the President, in his discretion, has provided a
nonbinding preliminary allocation of responsibility and the
potentially responsible parties have made a substantial offer
providing for response to the President which he rejects, the
reasons for the rejection shall be provided in a written
explanation. The Presidents decision to reject such an offer
shall not be subject to judicial review.
(4) Failure to propose
If the President determines that a good faith proposal for
undertaking or financing action under section 9606 of this title has
not been submitted within 60 days of the provision of notice
pursuant to this subsection, the President may thereafter commence
action under section 9604(a) of this title or take an action against
any person under section 9606 of this title. If the President
determines that a good faith proposal for undertaking or financing
action under section 9604(b) of this title has not been submitted
within 60 days after the provision of notice pursuant to this
subsection, the President may thereafter commence action under
section 9604(b) of this title.
(5) Significant threats
Nothing in this subsection shall limit the Presidents authority
to undertake response or enforcement action regarding a significant
threat to public health or the environment within the negotiation
period established by this subsection.
(6) Inconsistent response action
When either the President, or a potentially responsible party
pursuant to an administrative order or consent decree under this
chapter, has initiated a remedial investigation and feasibility
study for a particular facility under this chapter, no potentially
responsible party may undertake any remedial action at the facility
unless such remedial action has been authorized by the President.
(f) Covenant not to sue
(1) Discretionary covenants
The President may, in his discretion, provide any person with a
covenant not to sue concerning any liability to the United States
under this chapter, including future liability, resulting from a
release or threatened release of a hazardous substance addressed by
a remedial action, whether that action is onsite or offsite, if each
of the following conditions is met:
(A) The covenant not to sue is in the public interest.
(B) The covenant not to sue would expedite response action
consistent with the National Contingency Plan under section 9605
of this title.
(C) The person is in full compliance with a consent decree
under section 9606 of this title (including a consent decree
entered into in accordance with this section) for response to
the release or threatened release concerned.
(D) The response action has been approved by the President.
(2) Special covenants not to sue
In the case of any person to whom the President is authorized
under paragraph (1) of this subsection to provide a covenant not to
sue, for the portion of remedial action--
(A) which involves the transport and secure disposition
offsite of hazardous substances in a facility meeting the
requirements of sections 6924(c), (d), (e), (f), (g), (m), (o),
(p), (u), and (v) and 6925(c) of this title, where the President
has rejected a proposed remedial action that is consistent with
the National Contingency Plan that does not include such offsite
disposition and has thereafter required offsite disposition; or
(B) which involves the treatment of hazardous substances so
as to destroy, eliminate, or permanently immobilize the
hazardous constituents of such substances, such that, in the
judgment of the President, the substances no longer present any
current or currently foreseeable future significant risk to
public health, welfare or the environment, no byproduct of the
treatment or destruction process presents any significant hazard
to public health, welfare or the environment, and all byproducts
are themselves treated, destroyed, or contained in a manner
which assures that such byproducts do not present any current or
currently foreseeable future significant risk to public health,
welfare or the environment,
the President shall provide such person with a covenant not to sue
with respect to future liability to the United States under this
chapter for a future release or threatened release of hazardous
substances from such facility, and a person provided such covenant
not to sue shall not be liable to the United States under section
9606 or 9607 of this title with respect to such release or
threatened release at a future time.
(3) Requirement that remedial action be completed
A covenant not to sue concerning future liability to the United
States shall not take effect until the President certifies that
remedial action has been completed in accordance with the
requirements of this chapter at the facility that is the subject of
such covenant.
(4) Factors
In assessing the appropriateness of a covenant not to sue under
paragraph (1) and any condition to be included in a covenant not to
sue under paragraph (1) or (2), the President shall consider whether
the covenant or condition is in the public interest on the basis of
such factors as the following:
(A) The effectiveness and reliability of the remedy, in
light of the other alternative remedies considered for the
facility concerned.
(B) The nature of the risks remaining at the facility.
(C) The extent to which performance standards are included
in the order or decree.
(D) The extent to which the response action provides a
complete remedy for the facility, including a reduction in the
hazardous nature of the substances at the facility.
(E) The extent to which the technology used in the response
action is demonstrated to be effective.
(F) Whether the Fund or other sources of funding would be
available for any additional remedial actions that might
eventually be necessary at the facility.
(G) Whether the remedial action will be carried out, in
whole or in significant part, by the responsible parties
themselves.
(5) Satisfactory performance
Any covenant not to sue under this subsection shall be subject
to the satisfactory performance by such party of its obligations
under the agreement concerned.
(6) Additional condition for future liability
(A) Except for the portion of the remedial action which is
subject to a covenant not to sue under paragraph (2) or under
subsection (g) of this section (relating to de minimis settlements),
a covenant not to sue a person concerning future liability to the
United States shall include an exception to the covenant that allows
the President to sue such person concerning future liability
resulting from the release or threatened release that is the subject
of the covenant where such liability arises out of conditions which
are unknown at the time the President certifies under paragraph (3)
that remedial action has been completed at the facility concerned.
(B) In extraordinary circumstances, the President may determine,
after assessment of relevant factors such as those referred to in
paragraph (4) and volume, toxicity, mobility, strength of evidence,
ability to pay, litigative risks, public interest considerations,
precedential value, and inequities and aggravating factors, not to
include the exception referred to in subparagraph (A) if other
terms, conditions, or requirements of the agreement containing the
covenant not to sue are sufficient to provide all reasonable
assurances that public health and the environment will be protected
from any future releases at or from the facility.
(C) The President is authorized to include any provisions
allowing future enforcement action under section 9606 or 9607 of
this title that in the discretion of the President are necessary and
appropriate to assure protection of public health, welfare, and the
environment.
(g) De minimis settlements
(1) Expedited final settlement
Whenever practicable and in the public interest, as determined
by the President, the President shall as promptly as possible reach
a final settlement with a potentially responsible party in an
administrative or civil action under section 9606 or 9607 of this
title if such settlement involves only a minor portion of the
response costs at the facility concerned and, in the judgment of the
President, the conditions in either of the following subparagraph
(A) or (B) are met:
(A) Both of the following are minimal in comparison to other
hazardous substances at the facility:
(i) The amount of the hazardous substances contributed
by that party to the facility.
(ii) The toxic or other hazardous effects of the
substances contributed by that party to the facility.
(B) The potentially responsible party--
(i) is the owner of the real property on or in which the
facility is located;
(ii) did not conduct or permit the generation,
transportation, storage, treatment, or disposal of any
hazardous substance at the facility; and
(iii) did not contribute to the release or threat of
release of a hazardous substance at the facility through any
action or omission.
This subparagraph (B) does not apply if the potentially
responsible party purchased the real property with actual or
constructive knowledge that the property was used for the
generation, transportation, storage, treatment, or disposal of
any hazardous substance.
(2) Covenant not to sue
The President may provide a covenant not to sue with respect to
the facility concerned to any party who has entered into a
settlement under this subsection unless such a covenant would be
inconsistent with the public interest as determined under subsection
(f) of this section.
(3) Expedited agreement
The President shall reach any such settlement or grant any such
covenant not to sue as soon as possible after the President has
available the information necessary to reach such a settlement or
grant such a covenant.
(4) Consent decree or administrative order
A settlement under this subsection shall be entered as a consent
decree or embodied in an administrative order setting forth the
terms of the settlement. In the case of any facility where the total
response costs exceed $500,000 (excluding interest), if the
settlement is embodied as an administrative order, the order may be
issued only with the prior written approval of the Attorney General.
If the Attorney General or his designee has not approved or
disapproved the order within 30 days of this referral, the order
shall be deemed to be approved unless the Attorney General and the
Administrator have agreed to extend the time. The district court for
the district in which the release or threatened release occurs may
enforce any such administrative order.
(5) Effect of agreement
A party who has resolved its liability to the United States
under this subsection shall not be liable for claims for
contribution regarding matters addressed in the settlement. Such
settlement does not discharge any of the other potentially
responsible parties unless its terms so provide, but it reduces the
potential liability of the others by the amount of the settlement.
(6) Settlements with other potentially responsible parties
Nothing in this subsection shall be construed to affect the
authority of the President to reach settlements with other
potentially responsible parties under this chapter.
(7) Reduction in settlement amount based on limited ability
to pay
(A) In general
The condition for settlement under this paragraph is that
the potentially responsible party is a person who demonstrates
to the President an inability or a limited ability to pay
response costs.
(B) Considerations
In determining whether or not a demonstration is made under
subparagraph (A) by a person, the President shall take into
consideration the ability of the person to pay response costs
and still maintain its basic business operations, including
consideration of the overall financial condition of the person
and demonstrable constraints on the ability of the person to
raise revenues.
(C) Information
A person requesting settlement under this paragraph shall
promptly provide the President with all relevant information
needed to determine the ability of the person to pay response
costs.
(D) Alternative payment methods
If the President determines that a person is unable to pay
its total settlement amount at the time of settlement, the
President shall consider such alternative payment methods as may
be necessary or appropriate.
(8) Additional conditions for expedited settlements
(A) Waiver of claims
The President shall require, as a condition for settlement
under this subsection, that a potentially responsible party
waive all of the claims (including a claim for contribution
under this chapter) that the party may have against other
potentially responsible parties for response costs incurred with
respect to the facility, unless the President determines that
requiring a waiver would be unjust.
(B) Failure to comply
The President may decline to offer a settlement to a
potentially responsible party under this subsection if the
President determines that the potentially responsible party has
failed to comply with any request for access or information or
an administrative subpoena issued by the President under this
chapter or has impeded or is impeding, through action or
inaction, the performance of a response action with respect to
the facility.
(C) Responsibility to provide information and access
A potentially responsible party that enters into a
settlement under this subsection shall not be relieved of the
responsibility to provide any information or access requested in
accordance with subsection (e)(3)(B) of this section or section
9604(e) of this title.
(9) Basis of determination
If the President determines that a potentially responsible party
is not eligible for settlement under this subsection, the President
shall provide the reasons for the determination in writing to the
potentially responsible party that requested a settlement under this
subsection.
(10) Notification
As soon as practicable after receipt of sufficient information
to make a determination, the President shall notify any person that
the President determines is eligible under paragraph (1) of the
persons eligibility for an expedited settlement.
(11) No judicial review
A determination by the President under paragraph (7), (8), (9),
or (10) shall not be subject to judicial review.
(12) Notice of settlement
After a settlement under this subsection becomes final with
respect to a facility, the President shall promptly notify
potentially responsible parties at the facility that have not
resolved their liability to the United States of the settlement.
(h) Cost recovery settlement authority
(1) Authority to settle
The head of any department or agency with authority to undertake
a response action under this chapter pursuant to the national
contingency plan may consider, compromise, and settle a claim under
section 9607 of this title for costs incurred by the United States
Government if the claim has not been referred to the Department of
Justice for further action. In the case of any facility where the
total response costs exceed $500,000 (excluding interest), any claim
referred to in the preceding sentence may be compromised and settled
only with the prior written approval of the Attorney General.
(2) Use of arbitration
Arbitration in accordance with regulations promulgated under
this subsection may be used as a method of settling claims of the
United States where the total response costs for the facility
concerned do not exceed $500,000 (excluding interest). After
consultation with the Attorney General, the department or agency
head may establish and publish regulations for the use of
arbitration or settlement under this subsection.
(3) Recovery of claims
If any person fails to pay a claim that has been settled under
this subsection, the department or agency head shall request the
Attorney General to bring a civil action in an appropriate district
court to recover the amount of such claim, plus costs, attorneys
fees, and interest from the date of the settlement. In such an
action, the terms of the settlement shall not be subject to review.
(4) Claims for contribution
A person who has resolved its liability to the United States
under this subsection shall not be liable for claims for
contribution regarding matters addressed in the settlement. Such
settlement shall not discharge any of the other potentially liable
persons unless its terms so provide, but it reduces the potential
liability of the others by the amount of the settlement.
(i) Settlement procedures
(1) Publication in Federal Register
At least 30 days before any settlement (including any settlement
arrived at through arbitration) may become final under subsection
(h) of this section, or under subsection (g) of this section in the
case of a settlement embodied in an administrative order, the head
of the department or agency which has jurisdiction over the proposed
settlement shall publish in the Federal Register notice of the
proposed settlement. The notice shall identify the facility
concerned and the parties to the proposed settlement.
(2) Comment period
For a 30-day period beginning on the date of publication of
notice under paragraph (1) of a proposed settlement, the head of the
department or agency which has jurisdiction over the proposed
settlement shall provide an opportunity for persons who are not
parties to the proposed settlement to file written comments relating
to the proposed settlement.
(3) Consideration of comments
The head of the department or agency shall consider any comments
filed under paragraph (2) in determining whether or not to consent
to the proposed settlement and may withdraw or withhold consent to
the proposed settlement if such comments disclose facts or
considerations which indicate the proposed settlement is
inappropriate, improper, or inadequate.
(j) Natural resources
(1) Notification of trustee
Where a release or threatened release of any hazardous substance
that is the subject of negotiations under this section may have
resulted in damages to natural resources under the trusteeship of
the United States, the President shall notify the Federal natural
resource trustee of the negotiations and shall encourage the
participation of such trustee in the negotiations.
(2) Covenant not to sue
An agreement under this section may contain a covenant not to
sue under section 9607(a)(4)(C) of this title for damages to natural
resources under the trusteeship of the United States resulting from
the release or threatened release of hazardous substances that is
the subject of the agreement, but only if the Federal natural
resource trustee has agreed in writing to such covenant. The Federal
natural resource trustee may agree to such covenant if the
potentially responsible party agrees to undertake appropriate
actions necessary to protect and restore the natural resources
damaged by such release or threatened release of hazardous
substances.
(k) Section not applicable to vessels
The provisions of this section shall not apply to releases from a
vessel.
(l) Civil penalties
A potentially responsible party which is a party to an
administrative order or consent decree entered pursuant to an agreement
under this section or section 9620 of this title (relating to Federal
facilities) or which is a party to an agreement under section 9620 of
this title and which fails or refuses to comply with any term or
condition of the order, decree or agreement shall be subject to a civil
penalty in accordance with section 9609 of this title.
(m) Applicability of general principles of law
In the case of consent decrees and other settlements under this
section (including covenants not to sue), no provision of this chapter
shall be construed to preclude or otherwise affect the applicability of
general principles of law regarding the setting aside or modification of
consent decrees or other settlements.
(Pub. L. 96-510, title I, Sec. 122, as added Pub. L. 99-499, title I,
Sec. 122(a), Oct. 17, 1986, 100 Stat. 1678; amended Pub. L. 107-118,
title I, Sec. 102(b), Jan. 11, 2002, 115 Stat. 2359.)
References in Text
The Federal Rules of Evidence, referred to in subsec. (d)(1)(B), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2002--Subsec. (g)(7) to (12). Pub. L. 107-118 added pars. (7) to
(12).
Effect on Concluded Actions
Amendment by Pub. L. 107-118 not to apply to or in any way affect
any settlement lodged in, or judgment issued by, a United States
District Court, or any administrative settlement or order entered into
or issued by the United States or any State, before Jan. 11, 2002, see
section 103 of Pub. L. 107-118, set out as a note under section 9607 of
this title.
Coordination of Titles I to IV of Pub. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any tax,
premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.
Section Referred to in Other Sections
This section is referred to in sections 9604, 9609, 9613, 9617,
9619, 9620, 9657 of this title; title 10 section 2701; title 14 section
691.
Sec. 9623. Reimbursement to local governments
(a) Application
Any general purpose unit of local government for a political
subdivision which is affected by a release or threatened release at any
facility may apply to the President for reimbursement under this
section.
(b) Reimbursement
(1) Temporary emergency measures
The President is authorized to reimburse local community
authorities for expenses incurred (before or after October 17, 1986)
in carrying out temporary emergency measures necessary to prevent or
mitigate injury to human health or the environment associated with
the release or threatened release of any hazardous substance or
pollutant or contaminant. Such measures may include, where
appropriate, security fencing to limit access, response to fires and
explosions, and other measures which require immediate response at
the local level.
(2) Local funds not supplanted
Reimbursement under this section shall not supplant local funds
normally provided for response.
(c) Amount
The amount of any reimbursement to any local authority under
subsection (b)(1) of this section may not exceed $25,000 for a single
response. The reimbursement under this section with respect to a single
facility shall be limited to the units of local government having
jurisdiction over the political subdivision in which the facility is
located.
(d) Procedure
Reimbursements authorized pursuant to this section shall be in
accordance with rules promulgated by the Administrator within one year
after October 17, 1986.
(Pub. L. 96-510, title I, Sec. 123, as added Pub. L. 99-499, title I,
Sec. 123(a), Oct. 17, 1986, 100 Stat. 1688.)
Section Referred to in Other Sections
This section is referred to in section 9611 of this title.
Sec. 9624. Methane recovery
(a) In general
In the case of a facility at which equipment for the recovery or
processing (including recirculation of condensate) of methane has been
installed, for purposes of this chapter:
(1) The owner or operator of such equipment shall not be
considered an ``owner or operator, as defined in section 9601(20)
of this title, with respect to such facility.
(2) The owner or operator of such equipment shall not be
considered to have arranged for disposal or treatment of any
hazardous substance at such facility pursuant to section 9607 of
this title.
(3) The owner or operator of such equipment shall not be subject
to any action under section 9606 of this title with respect to such
facility.
(b) Exceptions
Subsection (a) of this section does not apply with respect to a
release or threatened release of a hazardous substance from a facility
described in subsection (a) of this section if either of the following
circumstances exist:
(1) The release or threatened release was primarily caused by
activities of the owner or operator of the equipment described in
subsection (a) of this section.
(2) The owner or operator of such equipment would be covered by
paragraph (1), (2), (3), or (4) of subsection (a) of section 9607 of
this title with respect to such release or threatened release if he
were not the owner or operator of such equipment.
In the case of any release or threatened release referred to in
paragraph (1), the owner or operator of the equipment described in
subsection (a) of this section shall be liable under this chapter only
for costs or damages primarily caused by the activities of such owner or
operator.
(Pub. L. 96-510, title I, Sec. 124, as added Pub. L. 99-499, title I,
Sec. 124(a), Oct. 17, 1986, 100 Stat. 1688.)
Sec. 9625. Section 6921(b)(3)(A)(i) waste
(a) Revision of hazard ranking system
This section shall apply only to facilities which are not included
or proposed for inclusion on the National Priorities List and which
contain substantial volumes of waste described in section
6921(b)(3)(A)(i) of this title. As expeditiously as practicable, the
President shall revise the hazard ranking system in effect under the
National Contingency Plan with respect to such facilities in a manner
which assures appropriate consideration of each of the following site-
specific characteristics of such facilities:
(1) The quantity, toxicity, and concentrations of hazardous
constituents which are present in such waste and a comparison
thereof with other wastes.
(2) The extent of, and potential for, release of such hazardous
constituents into the environment.
(3) The degree of risk to human health and the environment posed
by such constituents.
(b) Inclusion prohibited
Until the hazard ranking system is revised as required by this
section, the President may not include on the National Priorities List
any facility which contains substantial volumes of waste described in
section 6921(b)(3)(A)(i) of this title on the basis of an evaluation
made principally on the volume of such waste and not on the
concentrations of the hazardous constituents of such waste. Nothing in
this section shall be construed to affect the Presidents authority to
include any such facility on the National Priorities List based on the
presence of other substances at such facility or to exercise any other
authority of this chapter with respect to such other substances.
(Pub. L. 96-510, title I, Sec. 125, as added Pub. L. 99-499, title I,
Sec. 125, Oct. 17, 1986, 100 Stat. 1689.)
Sec. 9626. Indian tribes
(a) Treatment generally
The governing body of an Indian tribe shall be afforded
substantially the same treatment as a State with respect to the
provisions of section 9603(a) of this title (regarding notification of
releases), section 9604(c)(2) of this title (regarding consultation on
remedial actions), section 9604(e) of this title (regarding access to
information), section 9604(i) of this title (regarding health
authorities) and section 9605 of this title (regarding roles and
responsibilities under the national contingency plan and submittal of
priorities for remedial action, but not including the provision
regarding the inclusion of at least one facility per State on the
National Priorities List).
(b) Community relocation
Should the President determine that proper remedial action is the
permanent relocation of tribal members away from a contaminated site
because it is cost effective and necessary to protect their health and
welfare, such finding must be concurred in by the affected tribal
government before relocation shall occur. The President, in cooperation
with the Secretary of the Interior, shall also assure that all benefits
of the relocation program are provided to the affected tribe and that
alternative land of equivalent value is available and satisfactory to
the tribe. Any lands acquired for relocation of tribal members shall be
held in trust by the United States for the benefit of the tribe.
(c) Study
The President shall conduct a survey, in consultation with the
Indian tribes, to determine the extent of hazardous waste sites on
Indian lands. Such survey shall be included within a report which shall
make recommendations on the program needs of tribes under this chapter,
with particular emphasis on how tribal participation in the
administration of such programs can be maximized. Such report shall be
submitted to Congress along with the Presidents budget request for
fiscal year 1988.
(d) Limitation
Notwithstanding any other provision of this chapter, no action under
this chapter by an Indian tribe shall be barred until the later of the
following:
(1) The applicable period of limitations has expired.
(2) 2 years after the United States, in its capacity as trustee
for the tribe, gives written notice to the governing body of the
tribe that it will not present a claim or commence an action on
behalf of the tribe or fails to present a claim or commence an
action within the time limitations specified in this chapter.
(Pub. L. 96-510, title I, Sec. 126, as added Pub. L. 99-499, title II,
Sec. 207(e), Oct. 17, 1986, 100 Stat. 1706.)
Sec. 9627. Recycling transactions
(a) Liability clarification
(1) As provided in subsections (b), (c), (d), and (e) of this
section, a person who arranged for recycling of recyclable material
shall not be liable under sections 9607(a)(3) and 9607(a)(4) of this
title with respect to such material.
(2) A determination whether or not any person shall be liable under
section 9607(a)(3) of this title or section 9607(a)(4) of this title for
any material that is not a recyclable material as that term is used in
subsections (b) and (c), (d), or (e) of this section shall be made,
without regard to subsections \1\ (b), (c), (d), or (e) of this section.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``subsection.
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(b) Recyclable material defined
For purposes of this section, the term ``recyclable material means
scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber
(other than whole tires), scrap metal, or spent lead-acid, spent nickel-
cadmium, and other spent batteries, as well as minor amounts of material
incident to or adhering to the scrap material as a result of its normal
and customary use prior to becoming scrap; except that such term shall
not include--
(1) shipping containers of a capacity from 30 liters to 3,000
liters, whether intact or not, having any hazardous substance (but
not metal bits and pieces or hazardous substance that form an
integral part of the container) contained in or adhering thereto; or
(2) any item of material that contained polychlorinated
biphenyls at a concentration in excess of 50 parts per million or
any new standard promulgated pursuant to applicable Federal laws.
(c) Transactions involving scrap paper, plastic, glass, textiles, or
rubber
Transactions involving scrap paper, scrap plastic, scrap glass,
scrap textiles, or scrap rubber (other than whole tires) shall be deemed
to be arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise arranging for
the recycling of recyclable material) can demonstrate by a preponderance
of the evidence that all of the following criteria were met at the time
of the transaction:
(1) The recyclable material met a commercial specification
grade.
(2) A market existed for the recyclable material.
(3) A substantial portion of the recyclable material was made
available for use as feedstock for the manufacture of a new saleable
product.
(4) The recyclable material could have been a replacement or
substitute for a virgin raw material, or the product to be made from
the recyclable material could have been a replacement or substitute
for a product made, in whole or in part, from a virgin raw material.
(5) For transactions occurring 90 days or more after November
29, 1999, the person exercised reasonable care to determine that the
facility where the recyclable material was handled, processed,
reclaimed, or otherwise managed by another person (hereinafter in
this section referred to as a ``consuming facility) was in
compliance with substantive (not procedural or administrative)
provisions of any Federal, State, or local environmental law or
regulation, or compliance order or decree issued pursuant thereto,
applicable to the handling, processing, reclamation, storage, or
other management activities associated with recyclable material.
(6) For purposes of this subsection, ``reasonable care shall
be determined using criteria that include (but are not limited to)--
(A) the price paid in the recycling transaction;
(B) the ability of the person to detect the nature of the
consuming facilitys operations concerning its handling,
processing, reclamation, or other management activities
associated with recyclable material; and
(C) the result of inquiries made to the appropriate Federal,
State, or local environmental agency (or agencies) regarding the
consuming facilitys past and current compliance with
substantive (not procedural or administrative) provisions of any
Federal, State, or local environmental law or regulation, or
compliance order or decree issued pursuant thereto, applicable
to the handling, processing, reclamation, storage, or other
management activities associated with the recyclable material.
For the purposes of this paragraph, a requirement to obtain a
permit applicable to the handling, processing, reclamation, or
other management activity associated with the recyclable
materials shall be deemed to be a substantive provision.
(d) Transactions involving scrap metal
(1) Transactions involving scrap metal shall be deemed to be
arranging for recycling if the person who arranged for the transaction
(by selling recyclable material or otherwise arranging for the recycling
of recyclable material) can demonstrate by a preponderance of the
evidence that at the time of the transaction--
(A) the person met the criteria set forth in subsection (c) of
this section with respect to the scrap metal;
(B) the person was in compliance with any applicable regulations
or standards regarding the storage, transport, management, or other
activities associated with the recycling of scrap metal that the
Administrator promulgates under the Solid Waste Disposal Act [42
U.S.C. 6901 et seq.] subsequent to November 29, 1999, and with
regard to transactions occurring after the effective date of such
regulations or standards; and
(C) the person did not melt the scrap metal prior to the
transaction.
(2) For purposes of paragraph (1)(C), melting of scrap metal does
not include the thermal separation of 2 or more materials due to
differences in their melting points (referred to as ``sweating).
(3) For purposes of this subsection, the term ``scrap metal means
bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be combined together with bolts or
soldering (e.g., radiators, scrap automobiles, railroad box cars), which
when worn or superfluous can be recycled, except for scrap metals that
the Administrator excludes from this definition by regulation.
(e) Transactions involving batteries
Transactions involving spent lead-acid batteries, spent nickel-
cadmium batteries, or other spent batteries shall be deemed to be
arranging for recycling if the person who arranged for the transaction
(by selling recyclable material or otherwise arranging for the recycling
of recyclable material) can demonstrate by a preponderance of the
evidence that at the time of the transaction--
(1) the person met the criteria set forth in subsection (c) of
this section with respect to the spent lead-acid batteries, spent
nickel-cadmium batteries, or other spent batteries, but the person
did not recover the valuable components of such batteries; and
(2)(A) with respect to transactions involving lead-acid
batteries, the person was in compliance with applicable Federal
environmental regulations or standards, and any amendments thereto,
regarding the storage, transport, management, or other activities
associated with the recycling of spent lead-acid batteries;
(B) with respect to transactions involving nickel-cadmium
batteries, Federal environmental regulations or standards are in
effect regarding the storage, transport, management, or other
activities associated with the recycling of spent nickel-cadmium
batteries, and the person was in compliance with applicable
regulations or standards or any amendments thereto; or
(C) with respect to transactions involving other spent
batteries, Federal environmental regulations or standards are in
effect regarding the storage, transport, management, or other
activities associated with the recycling of such batteries, and the
person was in compliance with applicable regulations or standards or
any amendments thereto.
(f) Exclusions
(1) The exemptions set forth in subsections (c), (d), and (e) of
this section shall not apply if--
(A) the person had an objectively reasonable basis to believe at
the time of the recycling transaction--
(i) that the recyclable material would not be recycled;
(ii) that the recyclable material would be burned as fuel,
or for energy recovery or incineration; or
(iii) for transactions occurring before 90 days after
November 29, 1999, that the consuming facility was not in
compliance with a substantive (not procedural or administrative)
provision of any Federal, State, or local environmental law or
regulation, or compliance order or decree issued pursuant
thereto, applicable to the handling, processing, reclamation, or
other management activities associated with the recyclable
material;
(B) the person had reason to believe that hazardous substances
had been added to the recyclable material for purposes other than
processing for recycling; or
(C) the person failed to exercise reasonable care with respect
to the management and handling of the recyclable material (including
adhering to customary industry practices current at the time of the
recycling transaction designed to minimize, through source control,
contamination of the recyclable material by hazardous substances).
(2) For purposes of this subsection, an objectively reasonable basis
for belief shall be determined using criteria that include (but are not
limited to) the size of the persons business, customary industry
practices (including customary industry practices current at the time of
the recycling transaction designed to minimize, through source control,
contamination of the recyclable material by hazardous substances), the
price paid in the recycling transaction, and the ability of the person
to detect the nature of the consuming facilitys operations concerning
its handling, processing, reclamation, or other management activities
associated with the recyclable material.
(3) For purposes of this subsection, a requirement to obtain a
permit applicable to the handling, processing, reclamation, or other
management activities associated with recyclable material shall be
deemed to be a substantive provision.
(g) Effect on other liability
Nothing in this section shall be deemed to affect the liability of a
person under paragraph (1) or (2) of section 9607(a) of this title.
(h) Regulations
The Administrator has the authority, under section 9615 of this
title, to promulgate additional regulations concerning this section.
(i) Effect on pending or concluded actions
The exemptions provided in this section shall not affect any
concluded judicial or administrative action or any pending judicial
action initiated by the United States prior to November 29, 1999.
(j) Liability for attorneys fees for certain actions
Any person who commences an action in contribution against a person
who is not liable by operation of this section shall be liable to that
person for all reasonable costs of defending that action, including all
reasonable attorneys and expert witness fees.
(k) Relationship to liability under other laws
Nothing in this section shall affect--
(1) liability under any other Federal, State, or local statute
or regulation promulgated pursuant to any such statute, including
any requirements promulgated by the Administrator under the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.]; or
(2) the ability of the Administrator to promulgate regulations
under any other statute, including the Solid Waste Disposal Act.
(l) Limitation on statutory construction
Nothing in this section shall be construed to--
(1) affect any defenses or liabilities of any person to whom
subsection (a)(1) of this section does not apply; or
(2) create any presumption of liability against any person to
whom subsection (a)(1) of this section does not apply.
(Pub. L. 96-510, title I, Sec. 127, as added Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title VI, Sec. 6001(b)(1)], Nov. 29, 1999, 113 Stat.
1536, 1501A-599.)
References in Text
The Solid Waste Disposal Act, referred to in subsecs. (d)(1)(B) and
(k), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat.
2795, which is classified generally to chapter 82 (Sec. 6901 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 6901 of this title and Tables.
Superfund Recycling Equity; Purposes
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title VI, Sec. 6001(a)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-598, provided that: ``The purposes
of this section [enacting this section] are--
``(1) to promote the reuse and recycling of scrap material in
furtherance of the goals of waste minimization and natural resource
conservation while protecting human health and the environment;
``(2) to create greater equity in the statutory treatment of
recycled versus virgin materials; and
``(3) to remove the disincentives and impediments to recycling
created as an unintended consequence of the 1980 Superfund liability
provisions.
Sec. 9628. State response programs
(a) Assistance to States
(1) In general
(A) States
The Administrator may award a grant to a State or Indian
tribe that--
(i) has a response program that includes each of the
elements, or is taking reasonable steps to include each of
the elements, listed in paragraph (2); or
(ii) is a party to a memorandum of agreement with the
Administrator for voluntary response programs.
(B) Use of grants by States
(i) In general
A State or Indian tribe may use a grant under this
subsection to establish or enhance the response program of
the State or Indian tribe.
(ii) Additional uses
In addition to the uses under clause (i), a State or
Indian tribe may use a grant under this subsection to--
(I) capitalize a revolving loan fund for brownfield
remediation under section 9604(k)(3) of this title; or
(II) purchase insurance or develop a risk sharing
pool, an indemnity pool, or insurance mechanism to
provide financing for response actions under a State
response program.
(2) Elements
The elements of a State or Indian tribe response program
referred to in paragraph (1)(A)(i) are the following:
(A) Timely survey and inventory of brownfield sites in the
State.
(B) Oversight and enforcement authorities or other
mechanisms, and resources, that are adequate to ensure that--
(i) a response action will--
(I) protect human health and the environment; and
(II) be conducted in accordance with applicable
Federal and State law; and
(ii) if the person conducting the response action fails
to complete the necessary response activities, including
operation and maintenance or long-term monitoring
activities, the necessary response activities are completed.
(C) Mechanisms and resources to provide meaningful
opportunities for public participation, including--
(i) public access to documents that the State, Indian
tribe, or party conducting the cleanup is relying on or
developing in making cleanup decisions or conducting site
activities;
(ii) prior notice and opportunity for comment on
proposed cleanup plans and site activities; and
(iii) a mechanism by which--
(I) a person that is or may be affected by a release
or threatened release of a hazardous substance,
pollutant, or contaminant at a brownfield site located
in the community in which the person works or resides
may request the conduct of a site assessment; and
(II) an appropriate State official shall consider
and appropriately respond to a request under subclause
(I).
(D) Mechanisms for approval of a cleanup plan, and a
requirement for verification by and certification or similar
documentation from the State, an Indian tribe, or a licensed
site professional to the person conducting a response action
indicating that the response is complete.
(3) Funding
There is authorized to be appropriated to carry out this
subsection $50,000,000 for each of fiscal years 2002 through 2006.
(b) Enforcement in cases of a release subject to State program
(1) Enforcement
(A) In general
Except as provided in subparagraph (B) and subject to
subparagraph (C), in the case of an eligible response site at
which--
(i) there is a release or threatened release of a
hazardous substance, pollutant, or contaminant; and
(ii) a person is conducting or has completed a response
action regarding the specific release that is addressed by
the response action that is in compliance with the State
program that specifically governs response actions for the
protection of public health and the environment,
the President may not use authority under this chapter to take
an administrative or judicial enforcement action under section
9606(a) of this title or to take a judicial enforcement action
to recover response costs under section 9607(a) of this title
against the person regarding the specific release that is
addressed by the response action.
(B) Exceptions
The President may bring an administrative or judicial
enforcement action under this chapter during or after completion
of a response action described in subparagraph (A) with respect
to a release or threatened release at an eligible response site
described in that subparagraph if--
(i) the State requests that the President provide
assistance in the performance of a response action;
(ii) the Administrator determines that contamination has
migrated or will migrate across a State line, resulting in
the need for further response action to protect human health
or the environment, or the President determines that
contamination has migrated or is likely to migrate onto
property subject to the jurisdiction, custody, or control of
a department, agency, or instrumentality of the United
States and may impact the authorized purposes of the Federal
property;
(iii) after taking into consideration the response
activities already taken, the Administrator determines
that--
(I) a release or threatened release may present an
imminent and substantial endangerment to public health
or welfare or the environment; and
(II) additional response actions are likely to be
necessary to address, prevent, limit, or mitigate the
release or threatened release; or
(iv) the Administrator, after consultation with the
State, determines that information, that on the earlier of
the date on which cleanup was approved or completed, was not
known by the State, as recorded in documents prepared or
relied on in selecting or conducting the cleanup, has been
discovered regarding the contamination or conditions at a
facility such that the contamination or conditions at the
facility present a threat requiring further remediation to
protect public health or welfare or the environment.
Consultation with the State shall not limit the ability of
the Administrator to make this determination.
(C) Public record
The limitations on the authority of the President under
subparagraph (A) apply only at sites in States that maintain,
update not less than annually, and make available to the public
a record of sites, by name and location, at which response
actions have been completed in the previous year and are planned
to be addressed under the State program that specifically
governs response actions for the protection of public health and
the environment in the upcoming year. The public record shall
identify whether or not the site, on completion of the response
action, will be suitable for unrestricted use and, if not, shall
identify the institutional controls relied on in the remedy.
Each State and tribe receiving financial assistance under
subsection (a) of this section shall maintain and make available
to the public a record of sites as provided in this paragraph.
(D) EPA notification
(i) In general
In the case of an eligible response site at which there
is a release or threatened release of a hazardous substance,
pollutant, or contaminant and for which the Administrator
intends to carry out an action that may be barred under
subparagraph (A), the Administrator shall--
(I) notify the State of the action the Administrator
intends to take; and
(II)(aa) wait 48 hours for a reply from the State
under clause (ii); or
(bb) if the State fails to reply to the notification
or if the Administrator makes a determination under
clause (iii), take immediate action under that clause.
(ii) State reply
Not later than 48 hours after a State receives notice
from the Administrator under clause (i), the State shall
notify the Administrator if--
(I) the release at the eligible response site is or
has been subject to a cleanup conducted under a State
program; and
(II) the State is planning to abate the release or
threatened release, any actions that are planned.
(iii) Immediate Federal action
The Administrator may take action immediately after
giving notification under clause (i) without waiting for a
State reply under clause (ii) if the Administrator
determines that one or more exceptions under subparagraph
(B) are met.
(E) Report to Congress
Not later than 90 days after the date of initiation of any
enforcement action by the President under clause (ii), (iii), or
(iv) of subparagraph (B), the President shall submit to Congress
a report describing the basis for the enforcement action,
including specific references to the facts demonstrating that
enforcement action is permitted under subparagraph (B).
(2) Savings provision
(A) Costs incurred prior to limitations
Nothing in paragraph (1) precludes the President from
seeking to recover costs incurred prior to January 11, 2002, or
during a period in which the limitations of paragraph (1)(A)
were not applicable.
(B) Effect on agreements between States and EPA
Nothing in paragraph (1)--
(i) modifies or otherwise affects a memorandum of
agreement, memorandum of understanding, or any similar
agreement relating to this chapter between a State agency or
an Indian tribe and the Administrator that is in effect on
or before January 11, 2002 (which agreement shall remain in
effect, subject to the terms of the agreement); or
(ii) limits the discretionary authority of the President
to enter into or modify an agreement with a State, an Indian
tribe, or any other person relating to the implementation by
the President of statutory authorities.
(3) Effective date
This subsection applies only to response actions conducted after
February 15, 2001.
(c) Effect on Federal laws
Nothing in this section affects any liability or response authority
under any Federal law, including--
(1) this chapter, except as provided in subsection (b) of this
section;
(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
(4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
and
(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(Pub. L. 96-510, title I, Sec. 128, as added Pub. L. 107-118, title II,
Sec. 231(b), Jan. 11, 2002, 115 Stat. 2375.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (c)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
The Federal Water Pollution Control Act, referred to in subsec.
(c)(3), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this Act to the Code,
see Short Title note set out under section 1251 of Title 33 and Tables.
The Toxic Substances Control Act, referred to in subsec. (c)(4), is
Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is
classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the Code,
see Short Title note set out under section 2601 of Title 15 and Tables.
The Safe Drinking Water Act, referred to in subsec. (c)(5), is title
XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523,
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to
subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 201 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 9601 of this title.
