US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC9606]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9606. Abatement actions


(a) Maintenance, jurisdiction, etc.

    In addition to any other action taken by a State or local 
government, when the President determines that there may be an imminent 
and substantial endangerment to the public health or welfare or the 
environment because of an actual or threatened release of a hazardous 
substance from a facility, he may require the Attorney General of the 
United States to secure such relief as may be necessary to abate such 
danger or threat, and the district court of the United States in the 
district in which the threat occurs shall have jurisdiction to grant 
such relief as the public interest and the equities of the case may 
require. The President may also, after notice to the affected State, 
take other action under this section including, but not limited to, 
issuing such orders as may be necessary to protect public health and 
welfare and the environment.

(b) Fines; reimbursement

    (1) Any person who, without sufficient cause, willfully violates, or 
fails or refuses to comply with, any order of the President under 
subsection (a) of this section may, in an action brought in the 
appropriate United States district court to enforce such order, be fined 
not more than $25,000 for each day in which such violation occurs or 
such failure to comply continues.
    (2)(A) Any person who receives and complies with the terms of any 
order issued under subsection (a) of this section may, within 60 days 
after completion of the required action, petition the President for 
reimbursement from the Fund for the reasonable costs of such action, 
plus interest. Any interest payable under this paragraph shall accrue on 
the amounts expended from the date of expenditure at the same rate as 
specified for interest on investments of the Hazardous Substance 
Superfund established under subchapter A of chapter 98 of title 26.
    (B) If the President refuses to grant all or part of a petition made 
under this paragraph, the petitioner may within 30 days of receipt of 
such refusal file an action against the President in the appropriate 
United States district court seeking reimbursement from the Fund.
    (C) Except as provided in subparagraph (D), to obtain reimbursement, 
the petitioner shall establish by a preponderance of the evidence that 
it is not liable for response costs under section 9607(a) of this title 
and that costs for which it seeks reimbursement are reasonable in light 
of the action required by the relevant order.
    (D) A petitioner who is liable for response costs under section 
9607(a) of this title may also recover its reasonable costs of response 
to the extent that it can demonstrate, on the administrative record, 
that the President's decision in selecting the response action ordered 
was arbitrary and capricious or was otherwise not in accordance with 
law. Reimbursement awarded under this subparagraph shall include all 
reasonable response costs incurred by the petitioner pursuant to the 
portions of the order found to be arbitrary and capricious or otherwise 
not in accordance with law.
    (E) Reimbursement awarded by a court under subparagraph (C) or (D) 
may include appropriate costs, fees, and other expenses in accordance 
with subsections (a) and (d) of section 2412 of title 28.

(c) Guidelines for using imminent hazard, enforcement, and emergency 
        response authorities; promulgation by Administrator of EPA, 
        scope, etc.

    Within one hundred and eighty days after December 11, 1980, the 
Administrator of the Environmental Protection Agency shall, after 
consultation with the Attorney General, establish and publish guidelines 
for using the imminent hazard, enforcement, and emergency response 
authorities of this section and other existing statutes administered by 
the Administrator of the Environmental Protection Agency to effectuate 
the responsibilities and powers created by this chapter. Such guidelines 
shall to the extent practicable be consistent with the national 
hazardous substance response plan, and shall include, at a minimum, the 
assignment of responsibility for coordinating response actions with the 
issuance of administrative orders, enforcement of standards and permits, 
the gathering of information, and other imminent hazard and emergency 
powers authorized by (1) sections 1321(c)(2),\1\ 1318, 1319, and 1364(a) 
of title 33, (2) sections 6927, 6928, 6934, and 6973 of this title, (3) 
sections 300j-4 and 300i of this title, (4) sections 7413, 7414, and 
7603 of this title, and (5) section 2606 of title 15.
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    \1\ See References in Text note below.
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(Pub. L. 96-510, title I, Sec. 106, Dec. 11, 1980, 94 Stat. 2780; Pub. 
L. 99-499, title I, Secs. 106, 109(b), Oct. 17, 1986, 100 Stat. 1628, 
1633; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

                       References in Text

    This chapter, referred to in subsec. (c), was in the original ``this 
Act'', meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, 
known as the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, which enacted this chapter, section 6911a of this 
title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, 
Internal Revenue Code, amended section 6911 of this title, section 1364 
of Title 33, Navigation and Navigable Waters, and section 11901 of Title 
49, Transportation, and enacted provisions set out as notes under 
section 6911 of this title and sections 1 and 4611 of Title 26. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 9601 of this title and Tables.
    Section 1321(c)(2) of title 33, referred to in subsec. (c), was 
amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug. 18, 
1990, 104 Stat. 523. Prior to general amendment, subsec. (c)(2) related 
to preparation of a National Contingency Plan. Provisions relating to a 
National Contingency Plan are contained in section 1321(d) of Title 33, 
Navigation and Navigable Waters.


                               Amendments

    1986--Subsec. (b). Pub. L. 99-499 designated existing provisions as 
par. (1), substituted ``who, without sufficient cause, willfully'' for 
``who willfully'' and ``$25,000'' for ``$5,000'', and added par. (2).
    Subsec. (b)(2)(A). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.


            Coordination of Titles I to IV of Pub. L. 99-499

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

                  Section Referred to in Other Sections

    This section is referred to in sections 6924, 6939b, 6972, 7412, 
9607, 9613, 9614, 9617, 9618, 9619, 9620, 9621, 9622, 9624, 9628 of this 
title; title 26 section 4662.