text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/559

 PUBLIC LAW 99-499-OCT. 17, 1986

100 STAT. 1661

(1) ESTABLISHMENT OF PROGRAM.—Within 180 days of enactment of this subsection, the Secretary of the United States Department of Energy is directed to carry out a program of testing and evaluation of technologies which may be utilized in responding to liquefied gaseous and other hazardous substance spills at the Liquefied Gaseous Fuels Spill Test Facility that threaten public health or the environment. (2) TECHNOLOGY TRANSFER.—In carrying out the program

established under this subsection, the Secretary shall conduct a technology transfer program that, at a minimum— (A) documents and archives spill contrpl technology; (B) investigates and analyzes significant hazardous spill incidents; (C) develops and provides generic emergency action plans; (D) documents and archives spill test results; (E) develops emergency action plans to respond to spills; (F) conducts training of spill response personnel; and (G) establishes safety standards for personnel engaged in spill response activities. (3) CONTRACTS AND GRANTS.—The Secretary is directed to Wyoming. enter into contracts and grants with a nonprofit organization in Albany County, Wyoming, that is capable of providing the necessary technical support and which is involved in environmental activities related to such hazardous substance related emergencies. (4) USE OF SITE.—The Secretary shall arrange for the use of the Liquefied Gaseous Fuels Spill Test Facility to carry out the provisions of this subsection.

J

(o) PACIFIC NORTHWEST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTER.—

(1) ESTABLISHMENT.—The Administrator shall establish a hazardous substance research, development, and demonstration center (hereinafter in this subsection referred to as the "Center") for the purpose of conducting research to aid in more effective hazardous substance response in the Pacific Northwest. (2) PURPOSES OF CENTER.—The Center shall carry out a program of research, evaluation, testing, development, and demonstration of alternative or innovative technologies which may be utilized in response actions to achieve more permanent protection of human health and welfare and the environment.

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(3) OPERATION OF CENTER.— (A) NONPROFIT ENTITY.—For

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42 USC 9660 note.

the purposes of operating the Center, the Administrator is authorized to enter into contracts and cooperative agreements with, and make grants to, a nonprofit private entity as defined in section 201(i) of Public Law 96-517 which entity shall agree to provide the basic technical and management personnel. Such nonprofit private entity shall also agree to provide at least two permanent research facilities, one of which shall be located in Benton County, Washington, and one of which shall be located in Clallam County, Washington. (B) AUTHORITIES.—The Center shall be authorized to make grants, accept contributions, and enter into agreements with universities located in the States of Washington, Oregon, Idaho, and Montana in order to carry out the purposes of the Center.

Contracts. Grants.

35 USC 201. Washington.

Washington. Oregon. Idaho. Montana.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/560

 100 STAT. 1662 Contracts.

Washington.

Appropriation authorization.

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Utah. - '•''

42 USC 9619.

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PUBLIC LAW 99-499—OCT. 17, 1986 (4) HAZARDOUS WASTE RESEARCH AT THE HANFORD SITE.—

(A) INTERAGENCY AGREEMENTS.—The Administrator and the Secretary of Energy are authorized to enter into interagency agreements with one another for the purpose of providing for research, evaluation, testing, development, and demonstration into alternative or innovative technologies to characterize and assess the nature and extent of hazardous waste (including radioactive mixed waste) contamination at the Hanford site, in the State of Washington. ' •' the Secretary of Energy for purposes of carrying out this paragraph for fiscal years beginning after September 30, •-' •' 1986, not more than $5,000,000. All sums appropriated under this subparagraph shall be provided to the Adminis'-. trator by the Secretary of Energy, pursuant to the interagency agreement entered into under subparagraph (A), for the purpose of the Administrator entering into contracts and cooperative agreements with, and making grants to, 0 the Center in order to carry out the research, evaluation, testing, development, and demonstration described in paragraph (1). (5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator for purposes of carrying out this subsection (other than paragraph (4)) for fiscal years beginning after September 30, 1986, not more than $5,000,000. (p) SILVER CREEK TAILINGS.—Effective with the date of enactment of this Act, the facility listed in Group 7 in EPA National Priorities List Update # 4 (50 Federal Register 37956, September 18, 1985), the site in Park City, Utah, which is located on tailings from noncoal mining operations, shall be deemed removed from the list of sites recommended for inclusion on the National Priorities List, unless the President determines upon site specific data not used in the proposed listing of such facility, that the facility meets requirements of the Hazard Ranking System or any revised Hazard Ranking System. SEC. 1 9 RESPONSE ACTION CONTRACTORS. 1. Title I of CERCLA is amended by adding the following new section after section 118: "SEC. 119. RESPONSE ACTION CONTRACTORS. "(a) LIABILITY OF RESPONSE ACTION CONTRACTORS.— "(1) RESPONSE ACTION CONTRACTORS.—A person
 * (B) FUNDING.—There is authorized to be appropriated to

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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 title 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.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:Democracy and Education.djvu/149

.—We have just pointed out the futility of trying to establish the aim of education—some one final aim which subordinates all others to itself. We have indicated that since general aims are but prospective points of view from which to survey the existing conditions and estimate their possibilities, we might have any number of them, all consistent with one another. As matter of fact, a large number have been stated at different times, all having great local value. For the statement of aim is a matter of emphasis at a given time. And we do not emphasize things which do not require emphasis—that is, such things as are taking care of themselves fairly well. We tend rather to frame our statement on the basis of the defects and needs of the contemporary situation; we take for granted, without explicit statement which would be of no use, whatever is right or approximately so. We frame our explicit aims in terms of some alteration to be brought about. It is, then, no paradox requiring explanation that a given epoch or generation tends to emphasize in its conscious projections just the things which it has least of in actual fact. A time of domination by authority will call out as response the desirability of great individual freedom; one of disorganized individual activities the need of social control as an educational aim.

The actual and implicit practice and the conscious or stated aim thus balance each other. At different times such aims as complete living, better methods of language study, substitution of things for words, social efficiency, personal culture,

title: Page:Democracy and Education.djvu/149


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/561

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1663

"(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 worker's 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 107(b)(3) shall not be available to any potentially respon- 42 USC 9607. sible 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) and the preceding sentence, noth- Ante, p. 1662. ing in this section shall affect the liability under this Act 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 title. "(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 contractor's performance in carrying out response action activities under this title, 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 104(d)(1) of this title; or "(D) any potentially responsible party carrying out any agreement under section 122 (relating to settlements) or section 106 (relating to abatement). "(3) SOURCE OF FUNDING.—This subsection shall not be subject to section 1301 or 1341 of title 31 of the United States Code or section 3732 of the Revised Statutes (41 U.S.C. 11) or to section 3 of the Superfund Amendments and Reauthorization Act of 1986. For purposes of section 111, 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 104. If sufficient funds are unavailable in the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1954 to make payments pursuant to such indemnification or if the Fund is

President of U.S.

Ante, p. 1642.

Appropriation authorization. 26 USC 9501.

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/562

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1664

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

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. COVERED.—Indemnification

"(B) DEDUCTIBLES AND LIMITS.—An indemnification agree-

ment 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

President of U.S.

.f VI

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XI,'JSKI^

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 contractor's 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 contractor's

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/563

 PUBLIC LAW 99-499—OCT. 17, 1986

{(

100 STAT. 1665

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 may be 42 USC 6901 indemnified under this subsection with respect to such note. facility. "(E) PERSONS RETAINED OR HIRED.—A person retained or hired by a person described in subsection (e)(2)(B) 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 107, 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 regula- President of U.S. tions 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. r ' > "(8) STUDY.—The Comptroller General shall conduct a study Reports. 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) and the authority of the President to offer indemnification under subsection (c) shall not apply to any person covered by the provisions of paragraph (1), (2), (3), or (4) of section 107(a) 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 104(d)(1) of this Act; or "(D) any potentially responsible party carrying out an agreement under section 106 or 122; to provide any remedial action under this Act at a facility listed on the National Priorities List, or any removal under this Act, with respect to any release or threatened release of a hazardous substance or pollutant or contaminant from the facility or to

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/564

 100 STAT. 1666

i.;

40 USC 541.

PUBLIC LAW 99-499—OCT. 17, 1986

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 ..j" 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 "(ii) person, public or nonprofit private entity, conducting a field demonstration pursuant to section 311(b); and Hi. "(B) any person who is retained or hired by a person described in subparagraph (A) to provide any services relating to a response action. "(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. The Federal selection procedures shall apply to appropriate contracts negotiated by all Federal governmental agencies involved in carrying out this Act. Such procedures shall be followed by response action contractors and subcontractors.". SEC. 120. FEDERAL FACILITIES.

(a) IN GENERAL.—Title I of CERCLA is amended by adding the following new section after section 119: 42 USC 9620.

"SEC. 120. FEDERAL FACILITIES.

I

"(a) APPLICATION OF ACT 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 Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under section 107 of this Act. Nothing in this section shall be construed to affect the liability of any person or entity under sections 106 and 107. "(2) APPLICATION OF REQUIREMENTS TO FEDERAL FACILITIES.—

All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this Act 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

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/565

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1667

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 Act. "(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 Act shall be construed to require a State to comply with section 104(c)(3) 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, J shall apply to removal and remedial action at facilities owned or operated by a department, agency, or instrumentality of the United States 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 requirei ment 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 (in addition to the information required under section 3016(a)(3) of such Act) 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.

State and local governments. Ante, p. 1619.

42 USC 6937.

"(c) FEDERAL AGENCY HAZARDOUS WASTE COMPUANCE 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 and subsection (b) of this section regarding any Federal facility and notice of each subsequent action taken under this Act 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. "(3) Information submitted by the department, agency, or instrumentality under section 103 of this Act. 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 focility 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.

42 USC 6925, 6930. 42 USC 9603. Public information. Federal Register, publication.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/566

 100 STAT. 1668

PUBLIC LAW 99-499—OCT. 17, 1986

"(d) ASSESSMENT AND EVALUATION.—Not later than 18 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986, 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— "(1) evaluate such facilities in accordance with the criteria established in accordance with section 105 under the National Contingency Plan for determining priorities among releases; and "(2) include such facilities on the National Priorities List maintained under such plan if the facility meets such criteria. 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 such date of enactment. 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. "(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, o 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 the date of the enactment of this
 * '' ' KII sJi

section, 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 State and local such date of enactment. The Administrator and appropriate governments. State authorities shall publish a timetable and deadlines for expeditious completion of such investigation and study. "(2)

COMMENCEMENT OF REMEDIAL ACTION; INTERAGENCY

b AGREEMENT.—The Administrator shall review the results of 3 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 •to 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, vf r - - including review of alternative remedial action plans and selec» tion of remedial action, shall comply with the public participation requirements of section 117. "(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 •r specific consequences of failure to begin and complete remedial action.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/567

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1669

"(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 •n-B 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 • 'r - " > 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 State and local paragraph shall also contain a detailed description on a State- governments. 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 122 (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 106 of this Act.

42 USC 9606.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/568

 100 STAT. 1670

PUBLIC LAW 99-499—OCT. 17, 1986 "(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 loceil 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 121. "(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. Real property.

u.

1 li '«.

i

"(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 a t which such storage, release, or disposal took place, to the extent such information is available on the basis of a complete search of gigency 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 the enactment of this subsection but not later than 18 months after the date of such enactment, 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.—After the last day of the 6month 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— "(A) 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, and "(B) a covenant warranting that— "(i) all remedial action necessary to protect human health and the environment with respect to any such

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/569

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1671

sv nis.x.-ii*

substance remaining on the property has been taken before the date of such transfer, and "(ii) any additional remedial action found to be nec• essary after the date of such transfer shall be conducted by the United States. The requirements of subparagraph (B) shall not apply in any case in which the person or entity to whom the property is -V j transferred is a potentially responsible party with respect to such real property.

hiscfeSp

"(i) OBLIGATIONS UNDER SOLID WASTE DISPOSAL ACT.—Nothing in

this section shall affect or impair the obligation of any department, ^j^.. agency, or instrumentality of the United States to comply with any requirement of the Solid Waste Disposal Act (including corrective 42 USC 6901 action requirements). note, "(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 title or under title III of the Superfund Amendments and Reauthorization Act of 1986 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 President's 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 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 Act or under title III of the Superfund Amendments and Reauthorization Act of 1986.". (b) LIMITED GRANDFATHER.—Section 120 of CERCLA 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 with respect to facilities— (1) owned or operated by the United States and subject to the jurisdiction of such Department;

President of U.S.

42 USC 2011 ^°^-

42 USC 9620 "o*®-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/570

 100 STAT. 1672 Missouri.

PUBLIC LAW 9 9 - 4 9 9 - O C T. 17, 1986

(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. SEC. 121. CLEANUP STANDARDS.

(a) AMENDMENT OF CERCLA.—Title I of CERCLA is amended by adding the following new section after section 120: President of U.S. 42 USC 9621. 42 USC 9604, 9606.

"SEC. 121. CLEANUP STANDARDS.

"(a) SELECTION OF REMEDIAL ACTION.—The President shall select appropriate remedial actions determined to be necessary to be carried out under section 104 or secured under section 106 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; Disposal Act; "(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
 * (B) the goals, objectives, and requirements of the Solid Waste

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Page:United States Statutes at Large Volume 100 Part 2.djvu/571

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1673

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 104 or 106, 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 Act 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, the Safe Drinking Water Act, J the Clean Air Act, the Clean Water Act, the Marine Protection, Research and Sanctuaries Act, or the Solid Waste Disposal Act; 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 104 or secured under section 106 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

42 USC 9604, 9606. Reports. State and local governments.

15 USC 2601 note; 42 USC 201 note. 42 USC 7401 note; 33 USC 1251 note. 33 USC 1401 note; 42 USC 6901 note.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/572

 100 STAT. 1674

PUBLIC LAW 99-499—OCT. 17, 1986

42 USC 201 note. Drinking Water Act and water quality criteria established under 33 USC 1314, section 304 or 303 of the Clean Water Act, where such goals or 1313. 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 33 USC 1251 under the Clean Water Act 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— ,j;, "(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 ground. water 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 President's selection, in compliance with subsection (b)(D, 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 WEIS adopted by formal means. "(II) The State standard, requirement, criteria, or limitation was adopted on the basis of hydrologic, geologic, or other relj evant considerations and WEIS 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.

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Page:U.S. Department of the Interior Annual Report 1880.djvu/76

74 profitable and is being worked. The estimated product of the mines of the Territory up to the end of 1875 was $21,000,000; since January, 1876, it has been, in round numbers, $24,000,000, or $6,000,000 yearly, made up of gold, silver, lead, and copper. Silver takes precedence, considerably more than half the value named being in that metal. Lead ranks second, and copper the lowest in the value of its production.

The number of miles of railroad opened during the past year is reported at 792, which tends to show the rapidly developing business interests of the Territory.

The relations with the Indians are reported as in general satisfactory, many of them having abandoned their tribal relations and engaged in farming and stock-raising.

The conduct of those at the Uintah Agency during the White River troubles has been specially commended by the agent at that place.

The governor in his report dwells at length on the social condition of the Territory as resulting from the teachings of “the Church of the Latter-Day Saints,” and invites attention to the constant violation of law in the practice of polygamy. With a law of Congress forbidding polygamy and prescribing penalties, which law has by the Supreme Court of the United States been adjudged constitutional, the practice has been and continues to be tolerated in the Territory, though elsewhere in the country it would speedily meet the punishment prescribed.

Polygamy is not only tolerated in Utah, but, because of the power and influence of the organization in which it is practiced, it is made the shibboleth to position and power. Besides being in direct violation of law, it tends toward a union of church and state too intimate to accord with the spirit of our institutions.

The governor urges that time will not prove the remedy for the evil, which can be reached and averted only by a rigid execution of the laws.

The enactment of additional laws to secure the enforcement of the act approved July 1, 1862, to prevent and punish the practice of polygamy in the Territories of the United States and other places, is earnestly commended to the attention of Congress.

The governor reports a steady advance of the Territory in population and wealth. Grazing, to which the country is well adapted, is the foremost interest. The number of cattle in the Territory is estimated at 540,000, and of sheep at 375,000.

Owing to the lack of confidence in the possibility of successful agriculture at so great an elevation as 5,000 to 7,000 feet above the level of the sea, this industry advances but slowly. In some portions of the Territory fine crops have been produced without irrigation. This, however, can be expected only in the more favorable seasons, but with a


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Page:United States Statutes at Large Volume 100 Part 2.djvu/573

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1675

"(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 (or, where applicable, in compliance with the Toxic Substances Control Act 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. 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 i 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 104 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 consider-

'"^

42 USC 6924, ^^25. 15 USC 2601 note-

42 USC 6921.

42 usC 9604.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/574

 100 STAT. 1676

PUBLIC LAW 99-499—OCT. 17, 1986

^ff. ation, 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 explaPublic information. nation 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. State and local "(2) A State may enforce any Federal or State standard, requiregovernments. ment, criteria, or limitation to which the remedial action is required to conform under this Act 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 penedties 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. State and local regulations providing for substantial and meaningful involvement governments. 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). "(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. .mm:>au SA (G) Notice to the State and an opportunity to comment or the President's proposed plan for remedial action as well as on alternative plans under consideration. The President's proposed

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Page:United States Statutes at Large Volume 100 Part 2.djvu/575

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1677

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) 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 106. At least 30 days prior to the entering of any 42 USC 9606. 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), 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 106 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 If President's 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), 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 evi-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/576

 100 STAT. 1678

42 USC 9621 note.

PUBLIC LAW 99-499—OCT. 17, 1986

dence. 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 President's finding is not supported by substantial evidence, the remedial action shall be modified to conform to ^" such standard, requirement, criteria, or limitation, i "(iii) If the State fails to establish that the President's 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, requiref ment, 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.". (b) EFFECTIVE DATE.—With respect to section 121 of CERCLA, as added by this section— t (1) The requirements of section 121 of CERCLA shall not apply to any remedial action for which the Record of Decision ,i (hereinafter in this section referred to as the "ROD") was ii signed, or the consent decree was lodged, before date of enact,} ment. i (2) If the ROD was signed, or the consent decree lodged, within the 30-day period immediately following enactment of t > the Act, 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 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. SEC. 122. SETTLEMENTS.

(a) N E W SECTION.—Title I of CERCLA is amended by adding the following new section after section 121: President of U.S. 42 USC 9622.

Ante, p. 1618.

"SEC. 122. SETTLEMENTS.

I

"(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 104(b)) 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

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Page:United States Statutes at Large Volume 100 Part 2.djvu/577

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1679

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 107 or under other relevant authorities. "(2) REVIEWABILITY.—The President's decisions regarding the availability of fund financing under this subsection shall not be subject to judicial review under subsection (d). "(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 ceise 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 Fund's 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.

42 USC 9607.

"(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 Act 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). 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) 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 106 against any person who is not a 42 USC 9606. party to the agreement, once the period for submitting a pro-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/578

 100 STAT. 1680

42 USC 9606, 9607.

?v-»«CfeU !i^

PUBLIC LAW 99-499—OCT. 17, 1986

^« posal under subsection (e)(2)(B) has expired. Nothing in this '• section shall be construed to affect either of the following: "(A) The liability of any person under section 106 or 107 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 Act against any person who is not a party to the agreement. "(d) ENFORCEMENT.— M "(1) CLEANUP AGREEMENTS.— c "(A) CONSENT DECREE.—Whenever the President enters

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into an agreement under this section with any potentially responsible party with respect to remedial action under section 106, 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), 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 8 the proposed judgment is inappropriate, improper, or inadequate. 3ix)e Oc'j Si i "(3) 104(b) AGREEMENTS.—Whenever the President enters into an £^eement under this section with any potentially respon-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/579

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1681

sible party with respect to action under section 104(b), 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.

Ante, p. 1617.

"(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 104(b)) 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 107(a)), 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 Public paragraph available in advance of notice under this paragraph information. upon the request of a potentially responsible party in accordance with procedures provided by the President. The provisions Classified of subsection (e) of section 104 regarding protection of confiden- information. tial 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 Act 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 104(a) or take any action under section 106 for 120 days 42 USC 9606. 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 104(b) 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 104(b), 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 106 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 106. Persons receiving notice and information under paragraph (1) of this subsection with respect to action under section

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Page:United States Statutes at Large Volume 100 Part 2.djvu/580

 100 STAT. 1682 .Tio'

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4: ^afe£*t P,,r

PUBLIC LAW 99-499—OCT. 17, 1986 104(b) 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 104(b). "(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) PREUMINARY ALLOCATION OF RESPONSIBILITY.—

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Courts, U.S.

"(B) COLLECTION OF INFORMATION.—To collect information

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0 >'j.,.

"(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.

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,i

d «

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

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Page:United States Statutes at Large Volume 100 Part 2.djvu/581

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1683

rejection shall be provided in a written explanation. The President's 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 106 has not been submitted within 60 days of the 42 USC 9606. provision of notice pursuant to this subsection, the President may thereafter commence action under section 104(a) or take an Ante, p. 1617. action against any person under section 106 of this Act. If the President determines that a good faith proposal for undertaking or financing action under section 1040?) has not been submitted within 60 days after the provision of notice pursuant to this subsection, the President may thereafter commence action under section 104(b). "(5) SIGNIFICANT THREATS.—Nothing in this subsection shall limit the President's 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 Act, has initiated a remedial investigation and feasibility study for a particular facility under this Act, 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 Act, 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 105 of this Act. 42 USC 9605. "(C) The person is in full compliance with a consent decree under section 106 (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 3004(c), (d), (e), (f), (g), (m), (o), (p), (u), and (v) and 3005(c) of the Solid Waste Disposal Act, 42 USC 6924, where the President has rejected a proposed remedial 6925. action that is consistent with the National Contingency Plan that does not include such offsite disposition and has -u thereafter required offsite disposition; or

71-19A 0 - 8 9 - 2 0

 * QL. 3 Part 2

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Page:United States Statutes at Large Volume 100 Part 2.djvu/582

 100 STAT. 1684

r XH' .,

, 42 USC 9606, 9607.

PUBLIC LAW 99-499—OCT. 17, 1986 "(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 b3rproducts are themselves treated, destroyed, or contained in a manner which assures that such byproducts do not present any current or cur,. rently 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 Act 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 106 or 107 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 Act 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

t

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) (relating to de minimis settlements), a covenant not to sue a person concerning future liability to the United States shall

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Page:United States Statutes at Large Volume 100 Part 2.djvu/583

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1685

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 106 or 107 42 USC 9606, that in the discretion of the President are necessary and appro- 9607. priate 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 106 or 107 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 Real property. 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. vj. i This subparagraph (B) does not apply if the potentially Real property. 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).

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Page:United States Statutes at Large Volume 100 Part 2.djvu/584

 100 STAT. 1686

PUBLIC LAW 99-499—OCT. 17, 1986 "(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 settle-

Claims.

ment 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 PAR-

TIES.—Nothing in this subsection shall be construed to affect the authority of the President to reach settlements with other potentially responsible parties under this Act. Cljiims.

42 USC 9607.

Regulations.

'(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 Act pursuant to the national contingency plan may consider, compromise, and settle a claim under section 107 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. i "(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 ad-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/585

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1687

dressed 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. e "(i) SETTLEMENT PROCEDURES.— "(1) PUBLICATION IN FEDERAL REGISTER.—At l e a s t 3 0 dayS

,;

Federal

before any settlement (including any settlement arrived at Register, through arbitration) may become final under subsection (h), or Publication, under subsection (g) 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 j, 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 threat-

ened release of £my 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, i 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 covengmt not to sue under section 107(a)(4)(C) for 42 USC 9607. 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 5 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. "(1) CIVIL PENALTIES.—A potentially responsible party which is a party to an administrative order or consent decree entered pursuant to an Eigreement under this section or section 120 (relating to Federal facilities) or which is a party to an agreement under section 120 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 109.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/586

 100 STAT. 1688

42 USC 9657.

42 USC 9623.

PUBLIC LAW 99-499—OCT. 17, 1986

"(m) APPLICABILITY OF GENERAL PRINCIPLES OF LAW.—In the CEise of consent decrees and other settlements under this section (including covenants not to sue), no provision of this Act 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.". (b) CONTRIBUTION.—Section 308 of CERCLA is amended by adding the following at the end thereof: "If an administrative settlement under section 122 has the effect of limiting any person's right to obtain contribution from any party to such settlement, and if the effect of such limitation would constitute a taking without just compensation in violation of the fifth amendment of the Constitution of the United States, such person shall not be entitled, under other laws of the United States, to recover compensation from the United States for such taking, but in any such case, such limitation on the right to obtain contribution shall be treated as having no force and effect.". SEC. 123. REIMBURSEMENT TO LOCAL GOVERNMENTS. (a) Title I of CERCLA is amended by adding the following after section 122: "SEC. 123. 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.—

President of U.S.

V,,|...^ f i

"(1) TEMPORARY EMERGENCY MEASURES.—The President is authorized to reimburse local community authorities for expenses incurred (before or after the enactment of the Superfund Amendments and Reauthorization Act of 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) 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 the enactment of the Superfund Amendments and Reauthorization Act of 1986.". SEC. 124. METHANE RECOVERY.

(a) IN GENERAL.—Title I of CERCLA is amended by adding the following new section after section 123:

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