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(continued)
may maintain an action as follows:
(i) If the President has notified the State of selection of
such a remedial action, the State may bring an action within 30
days of such notification for the sole purpose of determining
whether the finding of the President is supported by substantial
evidence. Such action shall be brought in the United States
district court for the district in which the facility is located.
(ii) If the State establishes, on the administrative record,
that the President's finding is not supported by substantial
evidence, the remedial action shall be modified to conform to
such standard, requirement, criteria, or limitation.
(iii) If the State fails to establish that the 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, requirement, criteria, or limitation. If the State
fails to pay within 60 days, the remedial action selected by the
President shall proceed through completion.

(C) Nothing in this section precludes, and the court shall not
enjoin, the Federal agency from taking any remedial action
unrelated to or not inconsistent with such standard, requirement,
criteria, or limitation.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 121, as added Pub. L. 99-499, title
I, Sec. 121(a), Oct. 17, 1986, 100 Stat. 1672.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsecs. (b)(1)(B)
and (d)(2)(A)(i), (3)(B), is title II of Pub. L. 89-272, Oct. 20,
1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2,
Oct. 21, 1976, 90 Stat. 2795, which is classified generally to
chapter 82 (Sec. 6901 et seq.) of this title. Subtitle C of the
Solid Waste Disposal Act is classified generally to subchapter III
(Sec. 6921 et seq.) of chapter 82 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 6901 of this title and Tables.
The Toxic Substances Control Act, referred to in subsec.
(d)(2)(A)(i), (3), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003,
as amended, which is classified generally to chapter 53 (Sec. 2601
et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set
out under section 2601 of Title 15 and Tables.
The Safe Drinking Water Act, referred to in subsec. (d)(2)(A), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.
93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 201 of this title and
Tables.
The Clean Air Act, referred to in subsec. (d)(2)(A)(i), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (Sec. 7401 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of this title and
Tables.
The Clean Water Act, referred to in subsec. (d)(2)(A)(i), (B)(i),
is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the
Federal Water Pollution Control Act, which is classified generally
to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this Act to the
Code, see Short Title note set out under section 1251 of Title 33
and Tables.
The Marine Protection, Research and Sanctuaries Act, referred to
in subsec. (d)(2)(A)(i), probably means the Marine Protection,
Research and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23,
1972, 86 Stat. 1052, as amended, which enacted chapters 32 (Sec.
1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801
et seq.) of Title 33. For complete classification of this Act to
the Code, see Short Title note set out under section 1401 of Title
33 and Tables.


-MISC1-
EFFECTIVE DATE
Section 121(b) of Pub. L. 99-499 provided that: "With respect to
section 121 of CERCLA [this section], as added by this section -
"(1) The requirements of section 121 of CERCLA shall not apply
to any remedial action for which the Record of Decision
(hereinafter in this section referred to as the 'ROD') was
signed, or the consent decree was lodged, before date of
enactment [Oct. 17, 1986].
"(2) If the ROD was signed, or the consent decree lodged,
within the 30-day period immediately following enactment of the
Act [Oct. 17, 1986], the Administrator shall certify in writing
that the portion of the remedial action covered by the ROD or
consent decree complies to the maximum extent practicable with
section 121 of CERCLA.
Any ROD signed before enactment of this Act [Oct. 17, 1986] and
reopened after enactment of this Act to modify or supplement the
selection of remedy shall be subject to the requirements of section
121 of CERCLA."

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which the report under subsec. (c) of this section appears to be
the report listed as the 15th item on page 20), see section 3003 of
Pub. L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9604, 9613, 9617, 9620 of
this title.

-End-



-CITE-
42 USC Sec. 9622 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9622. Settlements

-STATUTE-
(a) Authority to enter into agreements
The President, in his discretion, may enter into an agreement
with any person (including the owner or operator of the facility
from which a release or substantial threat of release emanates, or
any other potentially responsible person), to perform any response
action (including any action described in section 9604(b) of this
title) if the President determines that such action will be done
properly by such person. Whenever practicable and in the public
interest, as determined by the President, the President shall act
to facilitate agreements under this section that are in the public
interest and consistent with the National Contingency Plan in order
to expedite effective remedial actions and minimize litigation. If
the President decides not to use the procedures in this section,
the President shall notify in writing potentially responsible
parties at the facility of such decision and the reasons why use of
the procedures is inappropriate. A decision of the President to use
or not to use the procedures in this section is not subject to
judicial review.
(b) Agreements with potentially responsible parties
(1) Mixed funding
An agreement under this section may provide that the President
will reimburse the parties to the agreement from the Fund, with
interest, for certain costs of actions under the agreement that
the parties have agreed to perform but which the President has
agreed to finance. In any case in which the President provides
such reimbursement, the President shall make all reasonable
efforts to recover the amount of such reimbursement under section
9607 of this title or under other relevant authorities.
(2) Reviewability
The President's decisions regarding the availability of fund
financing under this subsection shall not be subject to judicial
review under subsection (d) of this section.
(3) Retention of funds
If, as part of any agreement, the President will be carrying
out any action and the parties will be paying amounts to the
President, the President may, notwithstanding any other provision
of law, retain and use such amounts for purposes of carrying out
the agreement.
(4) Future obligation of Fund
In the case of a completed remedial action pursuant to an
agreement described in paragraph (1), the Fund shall be subject
to an obligation for subsequent remedial actions at the same
facility but only to the extent that such subsequent actions are
necessary by reason of the failure of the original remedial
action. Such obligation shall be in a proportion equal to, but
not exceeding, the proportion contributed by the Fund for the
original remedial action. The 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.
(c) Effect of agreement
(1) Liability
Whenever the President has entered into an agreement under this
section, the liability to the United States under this chapter of
each party to the agreement, including any future liability to
the United States, arising from the release or threatened release
that is the subject of the agreement shall be limited as provided
in the agreement pursuant to a covenant not to sue in accordance
with subsection (f) of this section. A covenant not to sue may
provide that future liability to the United States of a settling
potentially responsible party under the agreement may be limited
to the same proportion as that established in the original
settlement agreement. Nothing in this section shall limit or
otherwise affect the authority of any court to review in the
consent decree process under subsection (d) of this section any
covenant not to sue contained in an agreement under this section.
In determining the extent to which the liability of parties to an
agreement shall be limited pursuant to a covenant not to sue, the
President shall be guided by the principle that a more complete
covenant not to sue shall be provided for a more permanent remedy
undertaken by such parties.
(2) Actions against other persons
If an agreement has been entered into under this section, the
President may take any action under section 9606 of this title
against any person who is not a party to the agreement, once the
period for submitting a proposal under subsection (e)(2)(B) of
this section has expired. Nothing in this section shall be
construed to affect either of the following:
(A) The liability of any person under section 9606 or 9607 of
this title with respect to any costs or damages which are not
included in the agreement.
(B) The authority of the President to maintain an action
under this chapter against any person who is not a party to the
agreement.
(d) Enforcement
(1) Cleanup agreements
(A) Consent decree
Whenever the President enters into an agreement under this
section with any potentially responsible party with respect to
remedial action under section 9606 of this title, following
approval of the agreement by the Attorney General, except as
otherwise provided in the case of certain administrative
settlements referred to in subsection (g) of this section, the
agreement shall be entered in the appropriate United States
district court as a consent decree. The President need not make
any finding regarding an imminent and substantial endangerment
to the public health or the environment in connection with any
such agreement or consent decree.
(B) Effect
The entry of any consent decree under this subsection shall
not be construed to be an acknowledgment by the parties that
the release or threatened release concerned constitutes an
imminent and substantial endangerment to the public health or
welfare or the environment. Except as otherwise provided in the
Federal Rules of Evidence, the participation by any party in
the process under this section shall not be considered an
admission of liability for any purpose, and the fact of such
participation shall not be admissible in any judicial or
administrative proceeding, including a subsequent proceeding
under this section.
(C) Structure
The President may fashion a consent decree so that the
entering of such decree and compliance with such decree or with
any determination or agreement made pursuant to this section
shall not be considered an admission of liability for any
purpose.
(2) Public participation
(A) Filing of proposed judgment
At least 30 days before a final judgment is entered under
paragraph (1), the proposed judgment shall be filed with the
court.
(B) Opportunity for comment
The Attorney General shall provide an opportunity to persons
who are not named as parties to the action to comment on the
proposed judgment before its entry by the court as a final
judgment. The Attorney General shall consider, and file with
the court, any written comments, views, or allegations relating
to the proposed judgment. The Attorney General may withdraw or
withhold its consent to the proposed judgment if the comments,
views, and allegations concerning the judgment disclose facts
or considerations which indicate that the proposed judgment is
inappropriate, improper, or inadequate.
(3) 9604(b) agreements
Whenever the President enters into an agreement under this
section with any potentially responsible party with respect to
action under section 9604(b) of this title, the President shall
issue an order or enter into a decree setting forth the
obligations of such party. The United States district court for
the district in which the release or threatened release occurs
may enforce such order or decree.
(e) Special notice procedures
(1) Notice
Whenever the President determines that a period of negotiation
under this subsection would facilitate an agreement with
potentially responsible parties for taking response action
(including any action described in section 9604(b) of this title)
and would expedite remedial action, the President shall so notify
all such parties and shall provide them with information
concerning each of the following:
(A) The names and addresses of potentially responsible
parties (including owners and operators and other persons
referred to in section 9607(a) of this title), to the extent
such information is available.
(B) To the extent such information is available, the volume
and nature of substances contributed by each potentially
responsible party identified at the facility.
(C) A ranking by volume of the substances at the facility, to
the extent such information is available.

The President shall make the information referred to in this
paragraph available in advance of notice under this paragraph
upon the request of a potentially responsible party in accordance
with procedures provided by the President. The provisions of
subsection (e) of section 9604 of this title regarding protection
of confidential information apply to information provided under
this paragraph. Disclosure of information generated by the
President under this section to persons other than the Congress,
or any duly authorized Committee thereof, is subject to other
privileges or protections provided by law, including (but not
limited to) those applicable to attorney work product. Nothing
contained in this paragraph or in other provisions of this
chapter shall be construed, interpreted, or applied to diminish
the required disclosure of information under other provisions of
this or other Federal or State laws.
(2) Negotiation
(A) Moratorium
Except as provided in this subsection, the President may not
commence action under section 9604(a) of this title or take any
action under section 9606 of this title for 120 days after
providing notice and information under this subsection with
respect to such action. Except as provided in this subsection,
the President may not commence a remedial investigation and
feasibility study under section 9604(b) of this title for 90
days after providing notice and information under this
subsection with respect to such action. The President may
commence any additional studies or investigations authorized
under section 9604(b) of this title, including remedial design,
during the negotiation period.
(B) Proposals
Persons receiving notice and information under paragraph (1)
of this subsection with respect to action under section 9606 of
this title shall have 60 days from the date of receipt of such
notice to make a proposal to the President for undertaking or
financing the action under section 9606 of this title. Persons
receiving notice and information under paragraph (1) of this
subsection with respect to action under section 9604(b) of this
title shall have 60 days from the date of receipt of such
notice to make a proposal to the President for undertaking or
financing the action under section 9604(b) of this title.
(C) Additional parties
If an additional potentially responsible party is identified
during the negotiation period or after an agreement has been
entered into under this subsection concerning a release or
threatened release, the President may bring the additional
party into the negotiation or enter into a separate agreement
with such party.
(3) Preliminary allocation of responsibility
(A) In general
The President shall develop guidelines for preparing
nonbinding preliminary allocations of responsibility. In
developing these guidelines the President may include such
factors as the President considers relevant, such as: volume,
toxicity, mobility, strength of evidence, ability to pay,
litigative risks, public interest considerations, precedential
value, and inequities and aggravating factors. When it would
expedite settlements under this section and remedial action,
the President may, after completion of the remedial
investigation and feasibility study, provide a nonbinding
preliminary allocation of responsibility which allocates
percentages of the total cost of response among potentially
responsible parties at the facility.
(B) Collection of information
To collect information necessary or appropriate for
performing the allocation under subparagraph (A) or for
otherwise implementing this section, the President may by
subpoena require the attendance and testimony of witnesses and
the production of reports, papers, documents, answers to
questions, and other information that the President deems
necessary. Witnesses shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States. In
the event of contumacy or failure or refusal of any person to
obey any such subpoena, any district court of the United States
in which venue is proper shall have jurisdiction to order any
such person to comply with such subpoena. Any failure to obey
such an order of the court is punishable by the court as a
contempt thereof.
(C) Effect
The nonbinding preliminary allocation of responsibility shall
not be admissible as evidence in any proceeding, and no court
shall have jurisdiction to review the nonbinding preliminary
allocation of responsibility. The nonbinding preliminary
allocation of responsibility shall not constitute an
apportionment or other statement on the divisibility of harm or
causation.
(D) Costs
The costs incurred by the President in producing the
nonbinding preliminary allocation of responsibility shall be
reimbursed by the potentially responsible parties whose offer
is accepted by the President. Where an offer under this section
is not accepted, such costs shall be considered costs of
response.
(E) Decision to reject offer
Where the President, in his discretion, has provided a
nonbinding preliminary allocation of responsibility and the
potentially responsible parties have made a substantial offer
providing for response to the President which he rejects, the
reasons for the rejection shall be provided in a written
explanation. The 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 9606 of this title
has not been submitted within 60 days of the provision of notice
pursuant to this subsection, the President may thereafter
commence action under section 9604(a) of this title or take an
action against any person under section 9606 of this title. If
the President determines that a good faith proposal for
undertaking or financing action under section 9604(b) of this
title has not been submitted within 60 days after the provision
of notice pursuant to this subsection, the President may
thereafter commence action under section 9604(b) of this title.
(5) Significant threats
Nothing in this subsection shall limit the 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
chapter, has initiated a remedial investigation and feasibility
study for a particular facility under this chapter, no
potentially responsible party may undertake any remedial action
at the facility unless such remedial action has been authorized
by the President.
(f) Covenant not to sue
(1) Discretionary covenants
The President may, in his discretion, provide any person with a
covenant not to sue concerning any liability to the United States
under this chapter, including future liability, resulting from a
release or threatened release of a hazardous substance addressed
by a remedial action, whether that action is onsite or offsite,
if each of the following conditions is met:
(A) The covenant not to sue is in the public interest.
(B) The covenant not to sue would expedite response action
consistent with the National Contingency Plan under section
9605 of this title.
(C) The person is in full compliance with a consent decree
under section 9606 of this title (including a consent decree
entered into in accordance with this section) for response to
the release or threatened release concerned.
(D) The response action has been approved by the President.
(2) Special covenants not to sue
In the case of any person to whom the President is authorized
under paragraph (1) of this subsection to provide a covenant not
to sue, for the portion of remedial action -
(A) which involves the transport and secure disposition
offsite of hazardous substances in a facility meeting the
requirements of sections 6924(c), (d), (e), (f), (g), (m), (o),
(p), (u), and (v) and 6925(c) of this title, where the
President has rejected a proposed remedial action that is
consistent with the National Contingency Plan that does not
include such offsite disposition and has thereafter required
offsite disposition; or
(B) which involves the treatment of hazardous substances so
as to destroy, eliminate, or permanently immobilize the
hazardous constituents of such substances, such that, in the
judgment of the President, the substances no longer present any
current or currently foreseeable future significant risk to
public health, welfare or the environment, no byproduct of the
treatment or destruction process presents any significant
hazard to public health, welfare or the environment, and all
byproducts are themselves treated, destroyed, or contained in a
manner which assures that such byproducts do not present any
current or currently foreseeable future significant risk to
public health, welfare or the environment,

the President shall provide such person with a covenant not to
sue with respect to future liability to the United States under
this chapter for a future release or threatened release of
hazardous substances from such facility, and a person provided
such covenant not to sue shall not be liable to the United States
under section 9606 or 9607 of this title with respect to such
release or threatened release at a future time.
(3) Requirement that remedial action be completed
A covenant not to sue concerning future liability to the United
States shall not take effect until the President certifies that
remedial action has been completed in accordance with the
requirements of this chapter at the facility that is the subject
of such covenant.
(4) Factors
In assessing the appropriateness of a covenant not to sue under
paragraph (1) and any condition to be included in a covenant not
to sue under paragraph (1) or (2), the President shall consider
whether the covenant or condition is in the public interest on
the basis of such factors as the following:
(A) The effectiveness and reliability of the remedy, in light
of the other alternative remedies considered for the facility
concerned.
(B) The nature of the risks remaining at the facility.
(C) The extent to which performance standards are included in
the order or decree.
(D) The extent to which the response action provides a
complete remedy for the facility, including a reduction in the
hazardous nature of the substances at the facility.
(E) The extent to which the technology used in the response
action is demonstrated to be effective.
(F) Whether the Fund or other sources of funding would be
available for any additional remedial actions that might
eventually be necessary at the facility.
(G) Whether the remedial action will be carried out, in whole
or in significant part, by the responsible parties themselves.
(5) Satisfactory performance
Any covenant not to sue under this subsection shall be subject
to the satisfactory performance by such party of its obligations
under the agreement concerned.
(6) Additional condition for future liability
(A) Except for the portion of the remedial action which is
subject to a covenant not to sue under paragraph (2) or under
subsection (g) of this section (relating to de minimis
settlements), a covenant not to sue a person concerning future
liability to the United States shall include an exception to the
covenant that allows the President to sue such person concerning
future liability resulting from the release or threatened release
that is the subject of the covenant where such liability arises
out of conditions which are unknown at the time the President
certifies under paragraph (3) that remedial action has been
completed at the facility concerned.
(B) In extraordinary circumstances, the President may
determine, after assessment of relevant factors such as those
referred to in paragraph (4) and volume, toxicity, mobility,
strength of evidence, ability to pay, litigative risks, public
interest considerations, precedential value, and inequities and
aggravating factors, not to include the exception referred to in
subparagraph (A) if other terms, conditions, or requirements of
the agreement containing the covenant not to sue are sufficient
to provide all reasonable assurances that public health and the
environment will be protected from any future releases at or from
the facility.
(C) The President is authorized to include any provisions
allowing future enforcement action under section 9606 or 9607 of
this title that in the discretion of the President are necessary
and appropriate to assure protection of public health, welfare,
and the environment.
(g) De minimis settlements
(1) Expedited final settlement
Whenever practicable and in the public interest, as determined
by the President, the President shall as promptly as possible
reach a final settlement with a potentially responsible party in
an administrative or civil action under section 9606 or 9607 of
this title if such settlement involves only a minor portion of
the response costs at the facility concerned and, in the judgment
of the President, the conditions in either of the following
subparagraph (A) or (B) are met:
(A) Both of the following are minimal in comparison to other
hazardous substances at the facility:
(i) The amount of the hazardous substances contributed by
that party to the facility.
(ii) The toxic or other hazardous effects of the substances
contributed by that party to the facility.

(B) The potentially responsible party -
(i) is the owner of the real property on or in which the
facility is located;
(ii) did not conduct or permit the generation,
transportation, storage, treatment, or disposal of any
hazardous substance at the facility; and
(iii) did not contribute to the release or threat of
release of a hazardous substance at the facility through any
action or omission.

This subparagraph (B) does not apply if the potentially
responsible party purchased the real property with actual or
constructive knowledge that the property was used for the
generation, transportation, storage, treatment, or disposal of
any hazardous substance.
(2) Covenant not to sue
The President may provide a covenant not to sue with respect to
the facility concerned to any party who has entered into a
settlement under this subsection unless such a covenant would be
inconsistent with the public interest as determined under
subsection (f) of this section.
(3) Expedited agreement
The President shall reach any such settlement or grant any such
covenant not to sue as soon as possible after the President has
available the information necessary to reach such a settlement or
grant such a covenant.
(4) Consent decree or administrative order
A settlement under this subsection shall be entered as a
consent decree or embodied in an administrative order setting
forth the terms of the settlement. In the case of any facility
where the total response costs exceed $500,000 (excluding
interest), if the settlement is embodied as an administrative
order, the order may be issued only with the prior written
approval of the Attorney General. If the Attorney General or his
designee has not approved or disapproved the order within 30 days
of this referral, the order shall be deemed to be approved unless
the Attorney General and the Administrator have agreed to extend
the time. The district court for the district in which the
release or threatened release occurs may enforce any such
administrative order.
(5) Effect of agreement
A party who has resolved its liability to the United States
under this subsection shall not be liable for claims for
contribution regarding matters addressed in the settlement. Such
settlement does not discharge any of the other potentially
responsible parties unless its terms so provide, but it reduces
the potential liability of the others by the amount of the
settlement.
(6) Settlements with other potentially responsible parties
Nothing in this subsection shall be construed to affect the
authority of the President to reach settlements with other
potentially responsible parties under this chapter.
(7) Reduction in settlement amount based on limited ability to
pay
(A) In general
The condition for settlement under this paragraph is that the
potentially responsible party is a person who demonstrates to
the President an inability or a limited ability to pay response
costs.
(B) Considerations
In determining whether or not a demonstration is made under
subparagraph (A) by a person, the President shall take into
consideration the ability of the person to pay response costs
and still maintain its basic business operations, including
consideration of the overall financial condition of the person
and demonstrable constraints on the ability of the person to
raise revenues.
(C) Information
A person requesting settlement under this paragraph shall
promptly provide the President with all relevant information
needed to determine the ability of the person to pay response
costs.
(D) Alternative payment methods
If the President determines that a person is unable to pay
its total settlement amount at the time of settlement, the
President shall consider such alternative payment methods as
may be necessary or appropriate.
(8) Additional conditions for expedited settlements
(A) Waiver of claims
The President shall require, as a condition for settlement
under this subsection, that a potentially responsible party
waive all of the claims (including a claim for contribution
under this chapter) that the party may have against other
potentially responsible parties for response costs incurred
with respect to the facility, unless the President determines
that requiring a waiver would be unjust.
(B) Failure to comply
The President may decline to offer a settlement to a
potentially responsible party under this subsection if the
President determines that the potentially responsible party has
failed to comply with any request for access or information or
an administrative subpoena issued by the President under this
chapter or has impeded or is impeding, through action or
inaction, the performance of a response action with respect to
the facility.
(C) Responsibility to provide information and access
A potentially responsible party that enters into a settlement
under this subsection shall not be relieved of the
responsibility to provide any information or access requested
in accordance with subsection (e)(3)(B) of this section or
section 9604(e) of this title.
(9) Basis of determination
If the President determines that a potentially responsible
party is not eligible for settlement under this subsection, the
President shall provide the reasons for the determination in
writing to the potentially responsible party that requested a
settlement under this subsection.
(10) Notification
As soon as practicable after receipt of sufficient information
to make a determination, the President shall notify any person
that the President determines is eligible under paragraph (1) of
the person's eligibility for an expedited settlement.
(11) No judicial review
A determination by the President under paragraph (7), (8), (9),
or (10) shall not be subject to judicial review.
(12) Notice of settlement
After a settlement under this subsection becomes final with
respect to a facility, the President shall promptly notify
potentially responsible parties at the facility that have not
resolved their liability to the United States of the settlement.
(h) Cost recovery settlement authority
(1) Authority to settle
The head of any department or agency with authority to
undertake a response action under this chapter pursuant to the
national contingency plan may consider, compromise, and settle a
claim under section 9607 of this title for costs incurred by the
United States Government if the claim has not been referred to
the Department of Justice for further action. In the case of any
facility where the total response costs exceed $500,000
(excluding interest), any claim referred to in the preceding
sentence may be compromised and settled only with the prior
written approval of the Attorney General.
(2) Use of arbitration
Arbitration in accordance with regulations promulgated under
this subsection may be used as a method of settling claims of the
United States where the total response costs for the facility
concerned do not exceed $500,000 (excluding interest). After
consultation with the Attorney General, the department or agency
head may establish and publish regulations for the use of
arbitration or settlement under this subsection.
(3) Recovery of claims
If any person fails to pay a claim that has been settled under
this subsection, the department or agency head shall request the
Attorney General to bring a civil action in an appropriate
district court to recover the amount of such claim, plus costs,
attorneys' fees, and interest from the date of the settlement. In
such an action, the terms of the settlement shall not be subject
to review.
(4) Claims for contribution
A person who has resolved its liability to the United States
under this subsection shall not be liable for claims for
contribution regarding matters addressed in the settlement. Such
settlement shall not discharge any of the other potentially
liable persons unless its terms so provide, but it reduces the
potential liability of the others by the amount of the
settlement.
(i) Settlement procedures
(1) Publication in Federal Register
At least 30 days before any settlement (including any
settlement arrived at through arbitration) may become final under
subsection (h) of this section, or under subsection (g) of this
section in the case of a settlement embodied in an administrative
order, the head of the department or agency which has
jurisdiction over the proposed settlement shall publish in the
Federal Register notice of the proposed settlement. The notice
shall identify the facility concerned and the parties to the
proposed settlement.
(2) Comment period
For a 30-day period beginning on the date of publication of
notice under paragraph (1) of a proposed settlement, the head of
the department or agency which has jurisdiction over the proposed
settlement shall provide an opportunity for persons who are not
parties to the proposed settlement to file written comments
relating to the proposed settlement.
(3) Consideration of comments
The head of the department or agency shall consider any
comments filed under paragraph (2) in determining whether or not
to consent to the proposed settlement and may withdraw or
withhold consent to the proposed settlement if such comments
disclose facts or considerations which indicate the proposed
settlement is inappropriate, improper, or inadequate.
(j) Natural resources
(1) Notification of trustee
Where a release or threatened release of any hazardous
substance that is the subject of negotiations under this section
may have resulted in damages to natural resources under the
trusteeship of the United States, the President shall notify the
Federal natural resource trustee of the negotiations and shall
encourage the participation of such trustee in the negotiations.
(2) Covenant not to sue
An agreement under this section may contain a covenant not to
sue under section 9607(a)(4)(C) of this title for damages to
natural resources under the trusteeship of the United States
resulting from the release or threatened release of hazardous
substances that is the subject of the agreement, but only if the
Federal natural resource trustee has agreed in writing to such
covenant. The Federal natural resource trustee may agree to such
covenant if the potentially responsible party agrees to undertake
appropriate actions necessary to protect and restore the natural
resources damaged by such release or threatened release of
hazardous substances.
(k) Section not applicable to vessels
The provisions of this section shall not apply to releases from a
vessel.
(l) Civil penalties
A potentially responsible party which is a party to an
administrative order or consent decree entered pursuant to an
agreement under this section or section 9620 of this title
(relating to Federal facilities) or which is a party to an
agreement under section 9620 of this title and which fails or
refuses to comply with any term or condition of the order, decree
or agreement shall be subject to a civil penalty in accordance with
section 9609 of this title.
(m) Applicability of general principles of law
In the case of consent decrees and other settlements under this
section (including covenants not to sue), no provision of this
chapter shall be construed to preclude or otherwise affect the
applicability of general principles of law regarding the setting
aside or modification of consent decrees or other settlements.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 122, as added Pub. L. 99-499, title
I, Sec. 122(a), Oct. 17, 1986, 100 Stat. 1678; amended Pub. L.
107-118, title I, Sec. 102(b), Jan. 11, 2002, 115 Stat. 2359.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (d)(1)(B),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.


-MISC1-
AMENDMENTS
2002 - Subsec. (g)(7) to (12). Pub. L. 107-118 added pars. (7) to
(12).

EFFECT ON CONCLUDED ACTIONS
Amendment by Pub. L. 107-118 not to apply to or in any way affect
any settlement lodged in, or judgment issued by, a United States
District Court, or any administrative settlement or order entered
into or issued by the United States or any State, before Jan. 11,
2002, see section 103 of Pub. L. 107-118, set out as a note under
section 9607 of this title.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any
tax, premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9604, 9609, 9613, 9617,
9619, 9620, 9657 of this title; title 10 section 2701; title 14
section 691.

-End-



-CITE-
42 USC Sec. 9623 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9623. Reimbursement to local governments

-STATUTE-
(a) Application
Any general purpose unit of local government for a political
subdivision which is affected by a release or threatened release at
any facility may apply to the President for reimbursement under
this section.
(b) Reimbursement
(1) Temporary emergency measures
The President is authorized to reimburse local community
authorities for expenses incurred (before or after October 17,
1986) in carrying out temporary emergency measures necessary to
prevent or mitigate injury to human health or the environment
associated with the release or threatened release of any
hazardous substance or pollutant or contaminant. Such measures
may include, where appropriate, security fencing to limit access,
response to fires and explosions, and other measures which
require immediate response at the local level.
(2) Local funds not supplanted
Reimbursement under this section shall not supplant local funds
normally provided for response.
(c) Amount
The amount of any reimbursement to any local authority under
subsection (b)(1) of this section may not exceed $25,000 for a
single response. The reimbursement under this section with respect
to a single facility shall be limited to the units of local
government having jurisdiction over the political subdivision in
which the facility is located.
(d) Procedure
Reimbursements authorized pursuant to this section shall be in
accordance with rules promulgated by the Administrator within one
year after October 17, 1986.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 123, as added Pub. L. 99-499, title
I, Sec. 123(a), Oct. 17, 1986, 100 Stat. 1688.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9611 of this title.

-End-



-CITE-
42 USC Sec. 9624 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9624. Methane recovery

-STATUTE-
(a) In general
In the case of a facility at which equipment for the recovery or
processing (including recirculation of condensate) of methane has
been installed, for purposes of this chapter:
(1) The owner or operator of such equipment shall not be
considered an "owner or operator", as defined in section 9601(20)
of this title, with respect to such facility.
(2) The owner or operator of such equipment shall not be
considered to have arranged for disposal or treatment of any
hazardous substance at such facility pursuant to section 9607 of
this title.
(3) The owner or operator of such equipment shall not be
subject to any action under section 9606 of this title with
respect to such facility.
(b) Exceptions
Subsection (a) of this section does not apply with respect to a
release or threatened release of a hazardous substance from a
facility described in subsection (a) of this section if either of
the following circumstances exist: (continued)