Loading (50 kb)...'

(continued)
subtitle [subtitle E (Secs. 2501-2505) of title II of div. A of
Pub. L. 104-208, amending this section and sections 6991b and 9607
of this title and enacting provisions set out as a note under
section 6991b of this title] may be cited as the 'Asset
Conservation, Lender Liability, and Deposit Insurance Protection
Act of 1996'."

SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-426, Sec. 1, Oct. 19, 1992, 106 Stat. 2174, provided
that: "This Act [amending section 9620 of this title and enacting
provisions set out as a note under section 9620 of this title] may
be cited as the 'Community Environmental Response Facilitation
Act'."

SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-499 provided that: "This Act [enacting
subchapter IV of this chapter and sections 9616 to 9626, 9658 to
9662, 11001 to 11005, 11021 to 11023, and 11041 to 11050 of this
title, sections 2701 to 2707 and 2810 of Title 10, Armed Forces,
and sections 59A, 4671, 4672, 9507, and 9508 of Title 26, Internal
Revenue Code, amending this section, sections 6926, 6928, 6991 to
6991d, 6991g, 9602 to 9609, 9611 to 9614, 9631, 9651, 9656, and
9657 of this title, sections 26, 164, 275, 936, 1561, 4041, 4042,
4081, 4221, 4611, 4612, 4661, 4662, 6154, 6416, 6420, 6421, 6425,
6427, 6655, 9502, 9503, and 9506 of Title 26, and section 1416 of
Title 33, Navigation and Navigable Waters, renumbering former
section 2701 of Title 10 as section 2721 of Title 10, repealing
sections 9631 to 9633, 9641, and 9653 of this title and sections
4681 and 4682 of Title 26, and enacting provisions set out as notes
under this section, sections 6921, 6991b, 7401, 9620, 9621, 9658,
9660, 9661, and 11001 of this title, section 2703 of Title 10,
sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of
Title 26, and section 655 of Title 29, Labor] may be cited as the
'Superfund Amendments and Reauthorization Act of 1986'."

SHORT TITLE
Section 1 of Pub. L. 96-510 provided: "That this Act [enacting
this chapter, section 6911a of this title, and sections 4611, 4612,
4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code,
amending section 6911 of this title, section 1364 of Title 33,
Navigation and Navigable Waters, and section 11901 of Title 49,
Transportation, and enacting provisions set out as notes under
section 6911 of this title and sections 1 and 4611 of Title 26] may
be cited as the 'Comprehensive Environmental Response,
Compensation, and Liability Act of 1980'."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regulatory
Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
this title.


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-CROSS-
DEFINITIONS
Section 2 of Pub. L. 99-499 provided that: "As used in this Act
[see Short Title of 1986 Amendment note above] -
"(1) CERCLA. - The term 'CERCLA' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
"(2) Administrator. - The term 'Administrator' means the
Administrator of the Environmental Protection Agency."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 300g-1, 6991, 6991b,
9602, 9603, 9604, 9607, 9613, 9624, 9656, 11004 of this title;
title 7 section 1985; title 10 sections 2692, 2700, 2701, 2703,
2708; title 14 section 690; title 16 section 460lll; title 26
section 198; title 33 section 2701; title 50 section 2811.

-FOOTNOTE-
)1(! So in original. Probably should be "or".

)2(! So in original. Probably should be followed by a closing
parenthesis.

)3(! So in original. Probably should be "mean".

)4(! So in original.

)5(! See References in Text note below.


-End-



-CITE-
42 USC Sec. 9602 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. 9602. Designation of additional hazardous substances and
establishment of reportable released quantities; regulations

-STATUTE-
(a) The Administrator shall promulgate and revise as may be
appropriate, regulations designating as hazardous substances, in
addition to those referred to in section 9601(14) of this title,
such elements, compounds, mixtures, solutions, and substances
which, when released into the environment may present substantial
danger to the public health or welfare or the environment, and
shall promulgate regulations establishing that quantity of any
hazardous substance the release of which shall be reported pursuant
to section 9603 of this title. The Administrator may determine that
one single quantity shall be the reportable quantity for any
hazardous substance, regardless of the medium into which the
hazardous substance is released. For all hazardous substances for
which proposed regulations establishing reportable quantities were
published in the Federal Register under this subsection on or
before March 1, 1986, the Administrator shall promulgate under this
subsection final regulations establishing reportable quantities not
later than December 31, 1986. For all hazardous substances for
which proposed regulations establishing reportable quantities were
not published in the Federal Register under this subsection on or
before March 1, 1986, the Administrator shall publish under this
subsection proposed regulations establishing reportable quantities
not later than December 31, 1986, and promulgate final regulations
under this subsection establishing reportable quantities not later
than April 30, 1988."
(b) Unless and until superseded by regulations establishing a
reportable quantity under subsection (a) of this section for any
hazardous substance as defined in section 9601(14) of this title,
(1) a quantity of one pound, or (2) for those hazardous substances
for which reportable quantities have been established pursuant to
section 1321(b)(4) of title 33, such reportable quantity, shall be
deemed that quantity, the release of which requires notification
pursuant to section 9603(a) or (b) of this title.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 102, Dec. 11, 1980, 94 Stat. 2772;
Pub. L. 99-499, title I, Sec. 102, Oct. 17, 1986, 100 Stat. 1617.)


-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-499 inserted provisions setting
deadlines for promulgation of proposed and final regulations.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9601, 9603, 11004 of this
title; title 10 section 2692; title 26 section 198; title 33
section 1319.

-End-



-CITE-
42 USC Sec. 9603 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. 9603. Notification requirements respecting released substances

-STATUTE-
(a) Notice to National Response Center upon release from vessel or
offshore or onshore facility by person in charge; conveyance of
notice by Center
Any person in charge of a vessel or an offshore or an onshore
facility shall, as soon as he has knowledge of any release (other
than a federally permitted release) of a hazardous substance from
such vessel or facility in quantities equal to or greater than
those determined pursuant to section 9602 of this title,
immediately notify the National Response Center established under
the Clean Water Act [33 U.S.C. 1251 et seq.] of such release. The
National Response Center shall convey the notification
expeditiously to all appropriate Government agencies, including the
Governor of any affected State.
(b) Penalties for failure to notify; use of notice or information
pursuant to notice in criminal case
Any person -
(1) in charge of a vessel from which a hazardous substance is
released, other than a federally permitted release, into or upon
the navigable waters of the United States, adjoining shorelines,
or into or upon the waters of the contiguous zone, or
(2) in charge of a vessel from which a hazardous substance is
released, other than a federally permitted release, which may
affect natural resources belonging to, appertaining to, or under
the exclusive management authority of the United States
(including resources under the Magnuson-Stevens Fishery
Conservation and Management Act [16 U.S.C. 1801 et seq.]), and
who is otherwise subject to the jurisdiction of the United States
at the time of the release, or
(3) in charge of a facility from which a hazardous substance is
released, other than a federally permitted release,

in a quantity equal to or greater than that determined pursuant to
section 9602 of this title who fails to notify immediately the
appropriate agency of the United States Government as soon as he
has knowledge of such release or who submits in such a notification
any information which he knows to be false or misleading shall,
upon conviction, be fined in accordance with the applicable
provisions of title 18 or imprisoned for not more than 3 years (or
not more than 5 years in the case of a second or subsequent
conviction), or both. Notification received pursuant to this
subsection or information obtained by the exploitation of such
notification shall not be used against any such person in any
criminal case, except a prosecution for perjury or for giving a
false statement.
(c) Notice to Administrator of EPA of existence of storage, etc.,
facility by owner or operator; exception; time, manner, and form
of notice; penalties for failure to notify; use of notice or
information pursuant to notice in criminal case
Within one hundred and eighty days after December 11, 1980, any
person who owns or operates or who at the time of disposal owned or
operated, or who accepted hazardous substances for transport and
selected, a facility at which hazardous substances (as defined in
section 9601(14)(C) of this title) are or have been stored,
treated, or disposed of shall, unless such facility has a permit
issued under, or has been accorded interim status under, subtitle C
of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], notify
the Administrator of the Environmental Protection Agency of the
existence of such facility, specifying the amount and type of any
hazardous substance to be found there, and any known, suspected, or
likely releases of such substances from such facility. The
Administrator may prescribe in greater detail the manner and form
of the notice and the information included. The Administrator shall
notify the affected State agency, or any department designated by
the Governor to receive such notice, of the existence of such
facility. Any person who knowingly fails to notify the
Administrator of the existence of any such facility shall, upon
conviction, be fined not more than $10,000, or imprisoned for not
more than one year, or both. In addition, any such person who
knowingly fails to provide the notice required by this subsection
shall not be entitled to any limitation of liability or to any
defenses to liability set out in section 9607 of this title:
Provided, however, That notification under this subsection is not
required for any facility which would be reportable hereunder
solely as a result of any stoppage in transit which is temporary,
incidental to the transportation movement, or at the ordinary
operating convenience of a common or contract carrier, and such
stoppage shall be considered as a continuity of movement and not as
the storage of a hazardous substance. Notification received
pursuant to this subsection or information obtained by the
exploitation of such notification shall not be used against any
such person in any criminal case, except a prosecution for perjury
or for giving a false statement.
(d) Recordkeeping requirements; promulgation of rules and
regulations by Administrator of EPA; penalties for violations;
waiver of retention requirements
(1) The Administrator of the Environmental Protection Agency is
authorized to promulgate rules and regulations specifying, with
respect to -
(A) the location, title, or condition of a facility, and
(B) the identity, characteristics, quantity, origin, or
condition (including containerization and previous treatment) of
any hazardous substances contained or deposited in a facility;

the records which shall be retained by any person required to
provide the notification of a facility set out in subsection (c) of
this section. Such specification shall be in accordance with the
provisions of this subsection.
(2) Beginning with December 11, 1980, for fifty years thereafter
or for fifty years after the date of establishment of a record
(whichever is later), or at any such earlier time as a waiver if
obtained under paragraph (3) of this subsection, it shall be
unlawful for any such person knowingly to destroy, mutilate, erase,
dispose of, conceal, or otherwise render unavailable or unreadable
or falsify any records identified in paragraph (1) of this
subsection. Any person who violates this paragraph shall, upon
conviction, be fined in accordance with the applicable provisions
of title 18 or imprisoned for not more than 3 years (or not more
than 5 years in the case of a second or subsequent conviction), or
both.
(3) At any time prior to the date which occurs fifty years after
December 11, 1980, any person identified under paragraph (1) of
this subsection may apply to the Administrator of the Environmental
Protection Agency for a waiver of the provisions of the first
sentence of paragraph (2) of this subsection. The Administrator is
authorized to grant such waiver if, in his discretion, such waiver
would not unreasonably interfere with the attainment of the
purposes and provisions of this chapter. The Administrator shall
promulgate rules and regulations regarding such a waiver so as to
inform parties of the proper application procedure and conditions
for approval of such a waiver.
(4) Notwithstanding the provisions of this subsection, the
Administrator of the Environmental Protection Agency may in his
discretion require any such person to retain any record identified
pursuant to paragraph (1) of this subsection for such a time period
in excess of the period specified in paragraph (2) of this
subsection as the Administrator determines to be necessary to
protect the public health or welfare.
(e) Applicability to registered pesticide product
This section shall not apply to the application of a pesticide
product registered under the Federal Insecticide, Fungicide, and
Rodenticide Act [7 U.S.C. 136 et seq.] or to the handling and
storage of such a pesticide product by an agricultural producer.
(f) Exemptions from notice and penalty provisions for substances
reported under other Federal law or is in continuous release,
etc.
No notification shall be required under subsection (a) or (b) of
this section for any release of a hazardous substance -
(1) which is required to be reported (or specifically exempted
from a requirement for reporting) under subtitle C of the Solid
Waste Disposal Act [42 U.S.C. 6921 et seq.] or regulations
thereunder and which has been reported to the National Response
Center, or
(2) which is a continuous release, stable in quantity and rate,
and is -
(A) from a facility for which notification has been given
under subsection (c) of this section, or
(B) a release of which notification has been given under
subsections (a) and (b) of this section for a period sufficient
to establish the continuity, quantity, and regularity of such
release:

Provided, That notification in accordance with subsections (a)
and (b) of this paragraph shall be given for releases subject to
this paragraph annually, or at such time as there is any
statistically significant increase in the quantity of any
hazardous substance or constituent thereof released, above that
previously reported or occurring.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 103, Dec. 11, 1980, 94 Stat. 2772;
Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.
3300; Pub. L. 99-499, title I, Secs. 103, 109(a)(1), (2), Oct. 17,
1986, 100 Stat. 1617, 1632, 1633; Pub. L. 104-208, div. A, title I,
Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009-41.)

-REFTEXT-
REFERENCES IN TEXT
The Clean Water Act, referred to in subsec. (a), 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 Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (b)(2), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, which is classified principally to chapter
38 (Sec. 1801 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set
out under section 1801 of Title 16 and Tables.
The Solid Waste Disposal Act, referred to in subsecs. (c) and
(f)(1), 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. 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 Federal Insecticide, Fungicide, and Rodenticide Act, referred
to in subsec. (e), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
classified generally to subchapter II (Sec. 136 et seq.) of chapter
6 of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 136 of
Title 7 and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (b)(2). Pub. L. 104-208 substituted
"Magnuson-Stevens Fishery" for "Magnuson Fishery".
1986 - Subsec. (b). Pub. L. 99-499, Secs. 103, 109(a), adjusted
left hand margin of text following "federally permitted release,"
third place appearing so that there is no indentation of that text,
inserted "or who submits in such a notification any information
which he knows to be false or misleading", and substituted "in
accordance with the applicable provisions of title 18 or imprisoned
for not more than 3 years (or not more than 5 years in the case of
a second or subsequent conviction), or both" for "not more than
$10,000 or imprisoned for not more than one year, or both" and
"subsection" for "paragraph".
Subsec. (d)(2). Pub. L. 99-499, Sec. 109(a)(2), substituted "in
accordance with the applicable provisions of title 18 or imprisoned
for not more than 3 years (or not more than 5 years in the case of
a second or subsequent conviction), or both" for "not more than
$20,000, or imprisoned for not more than one year, or both" as the
probable intent of Congress, notwithstanding directory language
that the substitution be made for "not more than $20,000, or
imprisoned for not more than one year or both".
1980 - Subsec. (b)(2). Pub. L. 96-561 substituted "Magnuson
Fishery Conservation and Management Act" for "Fishery Conservation
and Management Act of 1976".

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.


-EXEC-
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States, see Proc. No.
7219, set out as a note under section 1331 of Title 43, Public
Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6937, 6991a, 9602, 9609,
9620, 9626, 11004 of this title.

-End-



-CITE-
42 USC Sec. 9604 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. 9604. Response authorities

-STATUTE-
(a) Removal and other remedial action by President; applicability
of national contingency plan; response by potentially responsible
parties; public health threats; limitations on response;
exception
(1) Whenever (A) any hazardous substance is released or there is
a substantial threat of such a release into the environment, or (B)
there is a release or substantial threat of release into the
environment of any pollutant or contaminant which may present an
imminent and substantial danger to the public health or welfare,
the President is authorized to act, consistent with the national
contingency plan, to remove or arrange for the removal of, and
provide for remedial action relating to such hazardous substance,
pollutant, or contaminant at any time (including its removal from
any contaminated natural resource), or take any other response
measure consistent with the national contingency plan which the
President deems necessary to protect the public health or welfare
or the environment. When the President determines that such action
will be done properly and promptly by the owner or operator of the
facility or vessel or by any other responsible party, the President
may allow such person to carry out the action, conduct the remedial
investigation, or conduct the feasibility study in accordance with
section 9622 of this title. No remedial investigation or
feasibility study (RI/FS) shall be authorized except on a
determination by the President that the party is qualified to
conduct the RI/FS and only if the President contracts with or
arranges for a qualified person to assist the President in
overseeing and reviewing the conduct of such RI/FS and if the
responsible party agrees to reimburse the Fund for any cost
incurred by the President under, or in connection with, the
oversight contract or arrangement. In no event shall a potentially
responsible party be subject to a lesser standard of liability,
receive preferential treatment, or in any other way, whether direct
or indirect, benefit from any such arrangements as a response
action contractor, or as a person hired or retained by such a
response action contractor, with respect to the release or facility
in question. The President shall give primary attention to those
releases which the President deems may present a public health
threat.
(2) Removal Action. - Any removal action undertaken by the
President under this subsection (or by any other person referred to
in section 9622 of this title) should, to the extent the President
deems practicable, contribute to the efficient performance of any
long term remedial action with respect to the release or threatened
release concerned.
(3) Limitations on Response. - The President shall not provide
for a removal or remedial action under this section in response to
a release or threat of release -
(A) of a naturally occurring substance in its unaltered form,
or altered solely through naturally occurring processes or
phenomena, from a location where it is naturally found;
(B) from products which are part of the structure of, and
result in exposure within, residential buildings or business or
community structures; or
(C) into public or private drinking water supplies due to
deterioration of the system through ordinary use.

(4) Exception to Limitations. - Notwithstanding paragraph (3) of
this subsection, to the extent authorized by this section, the
President may respond to any release or threat of release if in the
President's discretion, it constitutes a public health or
environmental emergency and no other person with the authority and
capability to respond to the emergency will do so in a timely
manner.
(b) Investigations, monitoring, coordination, etc., by President
(1) Information; studies and investigations
Whenever the President is authorized to act pursuant to
subsection (a) of this section, or whenever the President has
reason to believe that a release has occurred or is about to
occur, or that illness, disease, or complaints thereof may be
attributable to exposure to a hazardous substance, pollutant, or
contaminant and that a release may have occurred or be occurring,
he may undertake such investigations, monitoring, surveys,
testing, and other information gathering as he may deem necessary
or appropriate to identify the existence and extent of the
release or threat thereof, the source and nature of the hazardous
substances, pollutants or contaminants involved, and the extent
of danger to the public health or welfare or to the environment.
In addition, the President may undertake such planning, legal,
fiscal, economic, engineering, architectural, and other studies
or investigations as he may deem necessary or appropriate to plan
and direct response actions, to recover the costs thereof, and to
enforce the provisions of this chapter.
(2) Coordination of investigations
The President shall promptly notify the appropriate Federal and
State natural resource trustees of potential damages to natural
resources resulting from releases under investigation pursuant to
this section and shall seek to coordinate the assessments,
investigations, and planning under this section with such Federal
and State trustees.
(c) Criteria for continuance of obligations from Fund over
specified amount for response actions; consultation by President
with affected States; contracts or cooperative agreements by
States with President prior to remedial actions; cost-sharing
agreements; selection by President of remedial actions; State
credits: granting of credit, expenses before listing or
agreement, response actions between 1978 and 1980, State expenses
after December 11, 1980, in excess of 10 percent of costs,
item-by-item approval, use of credits; operation and maintenance;
limitation on source of funds for O&M; recontracting; siting
(1) Unless (A) the President finds that (i) continued response
actions are immediately required to prevent, limit, or mitigate an
emergency, (ii) there is an immediate risk to public health or
welfare or the environment, and (iii) such assistance will not
otherwise be provided on a timely basis, or (B) the President has
determined the appropriate remedial actions pursuant to paragraph
(2) of this subsection and the State or States in which the source
of the release is located have complied with the requirements of
paragraph (3) of this subsection, or (C) continued response action
is otherwise appropriate and consistent with the remedial action to
be taken )1(! obligations from the Fund, other than those
authorized by subsection (b) of this section, shall not continue
after $2,000,000 has been obligated for response actions or 12
months has elapsed from the date of initial response to a release
or threatened release of hazardous substances.

(2) The President shall consult with the affected State or States
before determining any appropriate remedial action to be taken
pursuant to the authority granted under subsection (a) of this
section.
(3) The President shall not provide any remedial actions pursuant
to this section unless the State in which the release occurs first
enters into a contract or cooperative agreement with the President
providing assurances deemed adequate by the President that (A) the
State will assure all future maintenance of the removal and
remedial actions provided for the expected life of such actions as
determined by the President; (B) the State will assure the
availability of a hazardous waste disposal facility acceptable to
the President and in compliance with the requirements of subtitle C
of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] for any
necessary offsite storage, destruction, treatment, or secure
disposition of the hazardous substances; and (C) the State will pay
or assure payment of (i) 10 per centum of the costs of the remedial
action, including all future maintenance, or (ii) 50 percent (or
such greater amount as the President may determine appropriate,
taking into account the degree of responsibility of the State or
political subdivision for the release) of any sums expended in
response to a release at a facility, that was operated by the State
or a political subdivision thereof, either directly or through a
contractual relationship or otherwise, at the time of any disposal
of hazardous substances therein. For the purpose of clause (ii) of
this subparagraph, the term "facility" does not include navigable
waters or the beds underlying those waters. In the case of remedial
action to be taken on land or water held by an Indian tribe, held
by the United States in trust for Indians, held by a member of an
Indian tribe (if such land or water is subject to a trust
restriction on alienation), or otherwise within the borders of an
Indian reservation, the requirements of this paragraph for
assurances regarding future maintenance and cost-sharing shall not
apply, and the President shall provide the assurance required by
this paragraph regarding the availability of a hazardous waste
disposal facility.
(4) Selection of Remedial Action. - The President shall select
remedial actions to carry out this section in accordance with
section 9621 of this title (relating to cleanup standards).
(5) State Credits. -
(A) Granting of credit. - The President shall grant a State a
credit against the share of the costs, for which it is
responsible under paragraph (3) with respect to a facility listed
on the National Priorities List under the National Contingency
Plan, for amounts expended by a State for remedial action at such
facility pursuant to a contract or cooperative agreement with the
President. The credit under this paragraph shall be limited to
those State expenses which the President determines to be
reasonable, documented, direct out-of-pocket expenditures of
non-Federal funds.
(B) Expenses before listing or agreement. - The credit under
this paragraph shall include expenses for remedial action at a
facility incurred before the listing of the facility on the
National Priorities List or before a contract or cooperative
agreement is entered into under subsection (d) of this section
for the facility if -
(i) after such expenses are incurred the facility is listed
on such list and a contract or cooperative agreement is entered
into for the facility, and
(ii) the President determines that such expenses would have
been credited to the State under subparagraph (A) had the
expenditures been made after listing of the facility on such
list and after the date on which such contract or cooperative
agreement is entered into.

(C) Response actions between 1978 and 1980. - The credit under
this paragraph shall include funds expended or obligated by the
State or a political subdivision thereof after January 1, 1978,
and before December 11, 1980, for cost-eligible response actions
and claims for damages compensable under section 9611 of this
title.
(D) State expenses after december 11, 1980, in excess of 10
percent of costs. - The credit under this paragraph shall include
90 percent of State expenses incurred at a facility owned, but
not operated, by such State or by a political subdivision
thereof. Such credit applies only to expenses incurred pursuant
to a contract or cooperative agreement under subsection (d) of
this section and only to expenses incurred after December 11,
1980, but before October 17, 1986.
(E) Item-by-item approval. - In the case of expenditures made
after October 17, 1986, the President may require prior approval
of each item of expenditure as a condition of granting a credit
under this paragraph.
(F) Use of credits. - Credits granted under this paragraph for
funds expended with respect to a facility may be used by the
State to reduce all or part of the share of costs otherwise
required to be paid by the State under paragraph (3) in
connection with remedial actions at such facility. If the amount
of funds for which credit is allowed under this paragraph exceeds
such share of costs for such facility, the State may use the
amount of such excess to reduce all or part of the share of such
costs at other facilities in that State. A credit shall not
entitle the State to any direct payment.

(6) Operation and Maintenance. - For the purposes of paragraph
(3) of this subsection, in the case of ground or surface water
contamination, completed remedial action includes the completion of
treatment or other measures, whether taken onsite or offsite,
necessary to restore ground and surface water quality to a level
that assures protection of human health and the environment. With
respect to such measures, the operation of such measures for a
period of up to 10 years after the construction or installation and
commencement of operation shall be considered remedial action.
Activities required to maintain the effectiveness of such measures
following such period or the completion of remedial action,
whichever is earlier, shall be considered operation or maintenance.
(7) Limitation on Source of Funds for O&M. - During any period
after the availability of funds received by the Hazardous Substance
Superfund established under subchapter A of chapter 98 of title 26
from tax revenues or appropriations from general revenues, the
Federal share of the payment of the cost of operation or
maintenance pursuant to paragraph (3)(C)(i) or paragraph (6) of
this subsection (relating to operation and maintenance) shall be
from funds received by the Hazardous Substance Superfund from
amounts recovered on behalf of such fund under this chapter.
(8) Recontracting. - The President is authorized to undertake or
continue whatever interim remedial actions the President determines
to be appropriate to reduce risks to public health or the
environment where the performance of a complete remedial action
requires recontracting because of the discovery of sources, types,
or quantities of hazardous substances not known at the time of
entry into the original contract. The total cost of interim actions
undertaken at a facility pursuant to this paragraph shall not
exceed $2,000,000.
(9) Siting. - Effective 3 years after October 17, 1986, the
President shall not provide any remedial actions pursuant to this
section unless the State in which the release occurs first enters
into a contract or cooperative agreement with the President
providing assurances deemed adequate by the President that the
State will assure the availability of hazardous waste treatment or
disposal facilities which -
(A) have adequate capacity for the destruction, treatment, or
secure disposition of all hazardous wastes that are reasonably
expected to be generated within the State during the 20-year
period following the date of such contract or cooperative
agreement and to be disposed of, treated, or destroyed,
(B) are within the State or outside the State in accordance
with an interstate agreement or regional agreement or authority,
(C) are acceptable to the President, and
(D) are in compliance with the requirements of subtitle C of
the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.].
(d) Contracts or cooperative agreements by President with States or
political subdivisions or Indian tribes; State applications,
terms and conditions; reimbursements; cost-sharing provisions;
enforcement requirements and procedures
(1) Cooperative Agreements. -
(A) State applications. - A State or political subdivision
thereof or Indian tribe may apply to the President to carry out
actions authorized in this section. If the President determines
that the State or political subdivision or Indian tribe has the
capability to carry out any or all of such actions in accordance
with the criteria and priorities established pursuant to section
9605(a)(8) of this title and to carry out related enforcement
actions, the President may enter into a contract or cooperative
agreement with the State or political subdivision or Indian tribe
to carry out such actions. The President shall make a
determination regarding such an application within 90 days after
the President receives the application.
(B) Terms and conditions. - A contract or cooperative agreement
under this paragraph shall be subject to such terms and
conditions as the President may prescribe. The contract or
cooperative agreement may cover a specific facility or specific
facilities.
(C) Reimbursements. - Any State which expended funds during the
period beginning September 30, 1985, and ending on October 17,
1986, for response actions at any site included on the National
Priorities List and subject to a cooperative agreement under this
chapter shall be reimbursed for the share of costs of such
actions for which the Federal Government is responsible under
this chapter.

(2) If the President enters into a cost-sharing agreement
pursuant to subsection (c) of this section or a contract or
cooperative agreement pursuant to this subsection, and the State or
political subdivision thereof fails to comply with any requirements
of the contract, the President may, after providing sixty days
notice, seek in the appropriate Federal district court to enforce
the contract or to recover any funds advanced or any costs incurred
because of the breach of the contract by the State or political
subdivision.
(3) Where a State or a political subdivision thereof is acting in
behalf of the President, the President is authorized to provide
technical and legal assistance in the administration and
enforcement of any contract or subcontract in connection with
response actions assisted under this subchapter, and to intervene
in any civil action involving the enforcement of such contract or
subcontract.
(4) Where two or more noncontiguous facilities are reasonably
related on the basis of geography, or on the basis of the threat,
or potential threat to the public health or welfare or the
environment, the President may, in his discretion, treat these
related facilities as one for purposes of this section.
(e) Information gathering and access
(1) Action authorized
Any officer, employee, or representative of the President, duly
designated by the President, is authorized to take action under
paragraph (2), (3), or (4) (or any combination thereof) at a
vessel, facility, establishment, place, property, or location or,
in the case of paragraph (3) or (4), at any vessel, facility,
establishment, place, property, or location which is adjacent to
the vessel, facility, establishment, place, property, or location
referred to in such paragraph (3) or (4). Any duly designated
officer, employee, or representative of a State or political
subdivision under a contract or cooperative agreement under
subsection (d)(1) of this section is also authorized to take such
action. The authority of paragraphs (3) and (4) may be exercised
only if there is a reasonable basis to believe there may be a
release or threat of release of a hazardous substance or
pollutant or contaminant. The authority of this subsection may be
exercised only for the purposes of determining the need for
response, or choosing or taking any response action under this
subchapter, or otherwise enforcing the provisions of this
subchapter.
(2) Access to information
Any officer, employee, or representative described in paragraph
(1) may require any person who has or may have information
relevant to any of the following to furnish, upon reasonable
notice, information or documents relating to such matter:
(A) The identification, nature, and quantity of materials
which have been or are generated, treated, stored, or disposed
of at a vessel or facility or transported to a vessel or
facility.
(B) The nature or extent of a release or threatened release
of a hazardous substance or pollutant or contaminant at or from
a vessel or facility.
(C) Information relating to the ability of a person to pay
for or to perform a cleanup.

In addition, upon reasonable notice, such person either (i) shall
grant any such officer, employee, or representative access at all
reasonable times to any vessel, facility, establishment, place,
property, or location to inspect and copy all documents or
records relating to such matters or (ii) shall copy and furnish
to the officer, employee, or representative all such documents or
records, at the option and expense of such person.
(3) Entry
Any officer, employee, or representative described in paragraph
(1) is authorized to enter at reasonable times any of the
following:
(A) Any vessel, facility, establishment, or other place or
property where any hazardous substance or pollutant or
contaminant may be or has been generated, stored, treated,
disposed of, or transported from.
(B) Any vessel, facility, establishment, or other place or
property from which or to which a hazardous substance or
pollutant or contaminant has been or may have been released.
(C) Any vessel, facility, establishment, or other place or
property where such release is or may be threatened.
(D) Any vessel, facility, establishment, or other place or
property where entry is needed to determine the need for
response or the appropriate response or to effectuate a
response action under this subchapter.
(4) Inspection and samples
(A) Authority
Any officer, employee or representative described in
paragraph (1) is authorized to inspect and obtain samples from
any vessel, facility, establishment, or other place or property
referred to in paragraph (3) or from any location of any
suspected hazardous substance or pollutant or contaminant. Any
such officer, employee, or representative is authorized to
inspect and obtain samples of any containers or labeling for
suspected hazardous substances or pollutants or contaminants.
Each such inspection shall be completed with reasonable
promptness.
(B) Samples
If the officer, employee, or representative obtains any
samples, before leaving the premises he shall give to the
owner, operator, tenant, or other person in charge of the place
from which the samples were obtained a receipt describing the
sample obtained and, if requested, a portion of each such
sample. A copy of the results of any analysis made of such
samples shall be furnished promptly to the owner, operator,
tenant, or other person in charge, if such person can be
located.
(5) Compliance orders
(A) Issuance
If consent is not granted regarding any request made by an
officer, employee, or representative under paragraph (2), (3),
or (4), the President may issue an order directing compliance
with the request. The order may be issued after such notice and
opportunity for consultation as is reasonably appropriate under
the circumstances.
(B) Compliance
The President may ask the Attorney General to commence a
civil action to compel compliance with a request or order
referred to in subparagraph (A). Where there is a reasonable
basis to believe there may be a release or threat of a release
of a hazardous substance or pollutant or contaminant, the court
shall take the following actions:
(i) In the case of interference with entry or inspection,
the court shall enjoin such interference or direct compliance
with orders to prohibit interference with entry or inspection
unless under the circumstances of the case the demand for
entry or inspection is arbitrary and capricious, an abuse of
discretion, or otherwise not in accordance with law.
(ii) In the case of information or document requests or
orders, the court shall enjoin interference with such
information or document requests or orders or direct
compliance with the requests or orders to provide such
information or documents unless under the circumstances of
the case the demand for information or documents is arbitrary
and capricious, an abuse of discretion, or otherwise not in
accordance with law.

The court may assess a civil penalty not to exceed $25,000 for
each day of noncompliance against any person who unreasonably
fails to comply with the provisions of paragraph (2), (3), or
(4) or an order issued pursuant to subparagraph (A) of this
paragraph.
(6) Other authority
Nothing in this subsection shall preclude the President from
securing access or obtaining information in any other lawful
manner.
(7) Confidentiality of information
(A) Any records, reports, or information obtained from any
person under this section (including records, reports, or
information obtained by representatives of the President) shall
be available to the public, except that upon a showing (continued)