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42 U.S.C. § 9615 — Presidential delegation and assignment of duties or powers and promulgation of regulations
Federal law — U.S. Code and appendices · legal_authorities
The President is authorized to delegate and assign any duties or powers imposed upon or assigned to him and to promulgate any regulations necessary to carry out the provisions of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9615
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Stable record: federal_law:legal_authorities:record_usc_93cd288b0af38716fa5f7969
Source file: Laws/federal/codes/united-states-code/title-42/section-9615-presidential-delegation-and-assignment-of-duties-or-powers-and-promulgat--a510bd7bd8.md
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Passage SHA-256: 42ccf75debb2903e101e9f7b3f1ee086180ae52bb98a33c79c0ad623236567ba
Source location: Title 42, Chapter 103, § 9615; chapter-103-comprehensive-environmental-response-compensation-and-liability.md
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The President is authorized to delegate and assign any duties or powers imposed upon or assigned to him and to promulgate any regulations necessary to carry out the provisions of this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section, the term—
(1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section;
(3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel;
(4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(5) “United States”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9623
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Claims against Fund for response costs** No claim may be asserted against the Fund pursuant to [section 9611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9611/a&num=0&edition=prelim) unless such claim is presented in the first instance to the owner, operator, or guarantor of the vessel or facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim). In any case where the claim has not been satisfied within 60 days of presentation in accordance with this subsection, the claimant may present the claim to the Fund for payment. No claim against the Fund may be approved or certified during the pendency of an action by the claimant in court to recover costs which are the subject of the claim.
**(b) Forms and procedures applicable**
(1) **Prescribing forms and procedures** — The President shall prescribe appropriate forms and procedures for claims filed hereunder, which shall include a provision requiring the claimant to make a sworn verification of the claim to the best of his knowledge. Any person who knowingly gives or causes to be given any false information as a part of any such claim 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.
(2) **Payment or request for hearing** — The President may, if satisfied that the information developed during the processing of the claim warrants it, make and pay an award of the claim, except tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9612
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance to States**
(1) **In general**
(A) *States* — The Administrator may award a grant to a State or Indian tribe that—
(i) has a response program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in paragraph (2); or
(ii) is a party to a memorandum of agreement with the Administrator for voluntary response programs.
(B) *Use of grants by States*
(i) *In general* — A State or Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe.
(ii) *Additional uses* — In addition to the uses under clause (i), a State or Indian tribe may use a grant under this subsection to—
(I) capitalize a revolving loan fund for brownfield remediation under [section 9604(k)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/k/3&num=0&edition=prelim);
(II) purchase insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State response program; or
(III) assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in [section 9604(k)(7)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/k/7/A&num=0&edition=prelim) with respect to brownfield sites.
(iii) *Small communities, Indian tribes, rural areas, and disadvantaged areas*
(I) *In general* — To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use, in addition to amounts available to carry out this subsection, not more than $1,500,000 of the amounts made available to carry out [section 9604(k)(7)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9628
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9602&num=0&edition=prelim), immediately notify the National Response Center established under the Clean Water Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.]), and w
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9603
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Class I administrative penalty**
(1) **Violations** — A civil penalty of not more than $25,000 per violation may be assessed by the President in the case of any of the following—
(A) A violation of the requirements of section 9603(a) or (b) of this title (relating to notice).
(B) A violation of the requirements of [section 9603(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/d/2&num=0&edition=prelim) (relating to destruction of records, etc.).
(C) A violation of the requirements of [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim) (relating to financial responsibility, etc.), the regulations issued under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim), or with any denial or detention order under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim).
(D) A violation of an order under [section 9622(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622/d/3&num=0&edition=prelim) (relating to settlement agreements for action under [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)).
(E) Any failure or refusal referred to in section 9622(l) of this title (relating to violations of administrative orders, consent decrees, or agreements under [section 9620 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)).
(2) **Notice and hearings** — No civil penalty may be asses
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9609
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Federal law — U.S. Code and appendices · legal_authorities
**(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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