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10 U.S.C. § 2692 — Storage, treatment, and disposal of nondefense toxic and hazardous materials

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

10 U.S.C. § 2692 — Storage, treatment, and disposal of nondefense toxic and hazardous materials

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Source location: Title 10, Chapter 159, § 2692; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md

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**(a)** (1) Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage, treatment, or disposal of any material that is a toxic or hazardous material and that is not owned either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation. (2) The Secretary of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601/14&num=0&edition=prelim)) and materials designated under section 102 of that Act ([42 U.S.C. 9602](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9602&num=0&edition=prelim)) and shall include materials that are of an explosive, flammable, or pyrotechnic nature. **(b)** Subsection (a) does not apply to the following: (1) The storage, treatment, or disposal of materials that will be or have been used in connection with an activity of the Department of Defense or in connection with a service to be performed on an installation of the Department for the benefit of the Department. (2) The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services. (3) The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal, State, or local law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal, State, or local agency concerned. (4) The temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities. (5) The disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements. (6) The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy. (7) The storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations. (8) The temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency. (9) The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of the Department of Defense, including the use of such a facility for testing material or training personnel. (10) The treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of that military department and the Secretary enters into a contract or agreement with the prospective user that— (A) is consistent with the best interest of national defense and environmental security; and (B) provides for the prospective user’s continued financial and environmental responsibility and liability with regard to the material. (11) The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the use of a space launch facility located on an installation of the Department of Defense or on other land controlled by the United States. **(c)** The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the exception is essential and if the storage or disposal authorized does not compete with private enterprise. **(d)** (1) The Secretary may assess a charge for any storage or disposal provided under this section. Any such charge shall be on a reimbursable cost basis. (2) In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or disposal authorized under this section, the storage or disposal authorized shall be terminated as determined by the Secretary.

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

42 U.S.C. § 9602 — Designation of additional hazardous substances and establishment of reportable released quantities; regulations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601/14&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603&num=0&edition=prelim). 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

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

10 U.S.C. § 2692 — Storage, treatment, and disposal of non-

Page 2139 TITLE 10—ARMED FORCES § 2692 vehicle of the Department of Defense, the Sec- retary of Defense may, with the consent of the Federal agency, restore the land. (2) When land under the administrative juris- diction of the Department of Defense or a mili- tary department is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of a Federal agency that is not a part of the De- partment of Defense, the head of the Federal agency under whose control the vessel, aircraft, or vehicle was operating may, with the consent of the Department of Defense, restore the land. (3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with ad- ministrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense. (Added Pub. L. 98–407, title VIII, § 804(a), Aug. 28, 1984, 98 Stat. 1519; amended Pub. L. 99–145, title XIII, § 1303(a)(17), Nov. 8, 1985, 99 Stat. 739; Pub. L. 105–261, div. B, title XXVIII, § 2812(a), (b)(1), Oct. 17, 1998, 112 Stat. 2205; Pub. L. 107–217, § 3(b)(15), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 111–350, § 5(b)(46), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 115–91, div. B, title XXVIII, § 2814(a), (b), Dec. 12, 2017, 131 Stat. 1849, 1850; Pub. L. 115–232, div. A, title III, § 353, title X, § 1081(a)(27), Aug. 13, 2018, 132 Stat. 1731, 1985; Pub. L. 117–263, div. A, title X, § 1081(a)(3), Dec. 23, 2022, 136 Stat. 2797.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘State’’ for ‘‘state’’ in section catchline. 2018—Pub. L. 115–232, § 1081(a)(27), substituted ‘‘state’’ for ‘‘State’’ in section catchline. Subsec. (e)(3). Pub. L. 11

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

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States 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 (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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

42 U.S.C. § 9601 — Definitions

Page 7709 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 1 So in original. Probably should be ‘‘or’’. Sec. 9657. Separability; contribution. 9658. Actions under State law for damages from ex- posure to hazardous substances. 9659. Citizens suits. 9660. Research, development, and demonstration. 9660a. Grant program. 9661. Love Canal property acquisition. 9662. Limitation on contract and borrowing au- thority. SUBCHAPTER IV—POLLUTION INSURANCE 9671. Definitions. 9672. State laws; scope of subchapter. 9673. Risk retention groups. 9674. Purchasing groups. 9675. Applicability of securities laws. SUBCHAPTER I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9601. Definitions For purpose of this subchapter— (1) The term ‘‘act of God’’ means an unan- ticipated grave natural disaster or other nat- ural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term ‘‘Administrator’’ means the Ad- ministrator of the United States Environ- mental Protection Agency. (3) The term ‘‘barrel’’ means forty-two United States gallons at sixty degrees Fahr- enheit. (4) The term ‘‘claim’’ means a demand in writing for a sum certain. (5) The term ‘‘claimant’’ means any person who presents a claim for compensation under this chapter. (6) The term ‘‘damages’’ means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term ‘‘drinking water supply’’ means any raw or finished water source that is or may be used by a public water system (as de- fined in the Safe Drinking Water Act [42 U.S.C. 300f et seq.]) or as drinking water by one or more individuals. (8) The

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

42 U.S.C. § 9602 — Designation of additional hazardous sub-

Page 7720 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9602 Forces, amending sections 6926, 6928, 6991 to 6991d, 6991g, 9601 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title and section 1416 of Title 33, Navigation and Navigable Waters, and renumbering former section 2701 of Title 10 as section 2721 of Title 10] shall take effect on the enactment of this Act [Oct. 17, 1986].’’ Amendment by section 517(c)(2) of Pub. L. 99–499 ef- fective Jan. 1, 1987, see section 517(e) of Pub. L. 99–499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–141, div. N, § 1, Mar. 23, 2018, 132 Stat. 1052, provided that: ‘‘This division [amending this section and sections 9604, 9607, and 9628 of this title] may be cited as the ‘Brownfields Utilization, Investment, and Local Development Act of 2018’ or the ‘BUILD Act’.’’ Pub. L. 115–141, div. S, title XI, § 1101, Mar. 23, 2018, 132 Stat. 1147, provided that: ‘‘This title [amending section 9603 of this title and enacting provisions set out as a note under section 9603 of this title] may be cited as the ‘Fair Agricultural Reporting Method Act’ or the ‘FARM Act’.’’ SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107–118, § 1, Jan. 11, 2002, 115 Stat. 2356, pro- vided that: ‘‘This Act [enacting section 9628 of this title, amending this section and sections 9604, 9605, 9607, and 9622 of this title, and enacting provisions set out as notes under this section and section 9607 of this title] may be cited as the ‘Small Business Liability Relief and Brownf

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