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42 U.S.C. § 9617 — Public participation

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9617 — Public participation

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9617

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Stable record: federal_law:legal_authorities:record_usc_02e706a9615a76a42a7df60b
Source file: Laws/federal/codes/united-states-code/title-42/section-9617-public-participation--3ca6082603.md
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Source location: Title 42, Chapter 103, § 9617; chapter-103-comprehensive-environmental-response-compensation-and-liability.md

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**(a) Proposed plan** Before adoption of any plan for remedial action to be undertaken by the President, by a State, or by any other person, under section 9604, 9606, 9620, or 9622 of this title, the President or State, as appropriate, shall take both of the following actions: (1) Publish a notice and brief analysis of the proposed plan and make such plan available to the public. (2) Provide a reasonable opportunity for submission of written and oral comments and an opportunity for a public meeting at or near the facility at issue regarding the proposed plan and regarding any proposed findings under [section 9621(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9621/d/4&num=0&edition=prelim) (relating to cleanup standards). The President or the State shall keep a transcript of the meeting and make such transcript available to the public. The notice and analysis published under paragraph (1) shall include sufficient information as may be necessary to provide a reasonable explanation of the proposed plan and alternative proposals considered. **(b) Final plan** Notice of the final remedial action plan adopted shall be published and the plan shall be made available to the public before commencement of any remedial action. Such final plan shall be accompanied by a discussion of any significant changes (and the reasons for such changes) in the proposed plan and a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations under subsection (a). **(c) Explanation of differences** After adoption of a final remedial action plan— (1) if any remedial action is taken, (2) if any enforcement action under [section 9606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9606&num=0&edition=prelim) is taken, or (3) if any settlement or consent decree under [section 9606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9606&num=0&edition=prelim) or [section 9622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim) is entered into, and if such action, settlement, or decree differs in any significant respects from the final plan, the President or the State shall publish an explanation of the significant differences and the reasons such changes were made. **(d) Publication** For the purposes of this section, publication shall include, at a minimum, publication in a major local newspaper of general circulation. In addition, each item developed, received, published, or made available to the public under this section shall be available for public inspection and copying at or near the facility at issue. **(e) Grants for technical assistance** (1) **Authority** — Subject to such amounts as are provided in appropriations Acts and in accordance with rules promulgated by the President, the President may make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed on the National Priorities List under the National Contingency Plan. Such grants may be used to obtain technical assistance in interpreting information with regard to the nature of the hazard, remedial investigation and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, or removal action at such facility. (2) **Amount** — The amount of any grant under this subsection may not exceed $50,000 for a single grant recipient. The President may waive the $50,000 limitation in any case where such waiver is necessary to carry out the purposes of this subsection. Each grant recipient shall be required, as a condition of the grant, to contribute at least 20 percent of the total of costs of the technical assistance for which such grant is made. The President may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need and such waiver is necessary to facilitate public participation in the selection of remedial action at the facility. Not more than one grant may be made under this subsection with respect to a single facility, but the grant may be renewed to facilitate public participation at all stages of remedial action.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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) 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) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9606

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9622 — Settlements

**(a) Authority to enter into agreements** The President, in his discretion, may enter into an agreement with any person (including the owner or operator of the facility from which a release or substantial threat of release emanates, or any other potentially responsible person), to perform any response action (including any action described in [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9622

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9620 — Federal facilities

**(a) Application of chapter to Federal Government** (1) **In general** — Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim). Nothing in this section shall be construed to affect the liability of any person or entity under sections 9606 and 9607 of this title. (2) **Application of requirements to Federal facilities** — All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter. (3) **Exceptions** — This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection sha

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9620

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9617 — Public participation

Page 7773 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9617 (g) The following functions vested in the President by the Act which have been delegated or assigned by this Order may be redelegated to the head of any Executive department or agency with his consent: functions set forth in Sections 2 (except subsection (b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this Order. (h) Executive Order No. 12316 of August 14, 1981, is re- voked. SEC. 12. Brownfields. (a) The functions vested in the President by Sections 101(39) and (41) and 104(k) of the Act [42 U.S.C. 9601(39), (41), 9604(k)] are delegated to the Administrator. (b) The functions vested in the President by Section 128(b)(1)(B)(ii) of the Act [42 U.S.C. 9628(b)(1)(B)(ii)] are delegated to the heads of the Executive departments and agencies, to be exercised in consultation with the Administrator, with respect to property subject to their jurisdiction, custody, or control. (c) The functions vested in the President by Section 128(b)(1)(E) of the Act [42 U.S.C. 9628(b)(1)(E)] are dele- gated to the heads of Executive departments and agen- cies in cases where they have acted under subsection (b) of this Section. (d) Subject to subsections (b) and (c) of this Section, the functions vested in the President by Section 128 of the Act [42 U.S.C. 9628] are delegated to the Adminis- trator. SEC. 13. Preservation of Authorities. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. SEC. 14. General Provision. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, cre- ate any right

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9617

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