42 U.S.C. § 9622 — Settlements

Page 7789 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9622 House Document No. 103–7 (in which the report under subsec. (c) of this section appears to be the report listed as the 15th item on page 20), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 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 ema- nates, or any other potentially responsible per- son), to perform any response action (including any action described in section 9604(b) of this title) if the President determines that such ac- tion will be done properly by such person. When- ever 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 mini- mize 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 inappro- priate. A decision of the President to use or not to use the procedures in this section is not sub- ject to judicial review. (b) Agreements with potentially responsible par- ties (1) Mixed funding An agreement under this section may pro- vide that the President will reimburse the par- ties to the agreement from the Fund, with in- terest, for certain costs of actions under the agreement that the parties have agreed to per- form but which the President has agreed to fi- nance. In any case in which the President pro- vides such reimbursement, the President shall make all reasonable efforts to recover the amount of such reimbursement under section 9607 of this title or under other relevant au- thorities. (2) Reviewability The President’s decisions regarding the availability of fund financing under this sub- section shall not be subject to judicial review under subsection (d). (3) Retention of funds If, as part of any agreement, the President will be carrying out any action and the parties will be paying amounts to the President, the President may, notwithstanding any other provision of law, retain and use such amounts for purposes of carrying out the agreement. (4) Future obligation of Fund In the case of a completed remedial action pursuant to an agreement described in para- graph (1), the Fund shall be subject to an obli- gation for subsequent remedial actions at the same facility but only to the extent that such subsequent actions are necessary by reason of the failure of the original remedial action. Such obligation shall be in a proportion equal to, but not exceeding, the proportion contrib- uted by the Fund for the original remedial ac- tion. The Fund’s obligation for such future re- medial action may be met through Fund ex- penditures or through payment, following set- tlement or enforcement action, by parties who were not signatories to the original agree- ment. (c) Effect of agreement (1) Liability Whenever the President has entered into an agreement under this section, the liability to the United States under this chapter of each party to the agreement, including any future liability to the United States, arising from the release or threatened release that is the sub- ject of the agreement shall be limited as pro- vided in the agreement pursuant to a covenant not to sue in accordance with subsection (f). A covenant not to sue may provide that future liability to the United States of a settling po- tentially responsible party under the agree- ment may be limited to the same proportion as that established in the original settlement agreement. Nothing in this section shall limit or otherwise affect the authority of any court to review in the consent decree process under subsection (d) any covenant not to sue con- tained in an agreement under this section. In determining the extent to which the liability of parties to an agreement shall be limited pursuant to a covenant not to sue, the Presi- dent shall be guided by the principle that a more complete covenant not to sue shall be provided for a more permanent remedy under- taken by such parties. (2) Actions against other persons If an agreement has been entered into under this section, the President may take any ac- tion under section 9606 of this title against any person who is not a party to the agree- ment, once the period for submitting a pro- posal under subsection (e)(2)(B) has expired. Nothing in this section shall be construed to affect either of the following: (A) The liability of any person under sec- tion 9606 or 9607 of this title with respect to any costs or damages which are not included in the agreement. (B) The authority of the President to maintain an action under this chapter against any person who is not a party to the agreement. (d) Enforcement (1) Cleanup agreements (A) Consent decree Whenever the President enters into an agreement under this section with any po- tentially responsible party with respect to remedial action under section 9606 of this title, following approval of the agreement by the Attorney General, except as otherwise provided in the case of certain administra- tive settlements referred to in subsection (g), the agreement shall be entered in the ap- propriate United States district court as a consent decree. The President need not make any finding regarding an imminent and substantial endangerment to the public Page 7790 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9622 health or the environment in connection with any such agreement or consent decree. (B) Effect The entry of any consent decree under this subsection shall not be construed to be an acknowledgment by the parties that the re- lease or threatened release concerned con- stitutes an imminent and substantial endangerment to the public health or wel- fare or the environment. Except as other- wise provided in the Federal Rules of Evi- dence, the participation by any party in the process under this section shall not be con- sidered an admission of liability for any pur- pose, and the fact of such participation shall not be admissible in any judicial or adminis- trative proceeding, including a subsequent proceeding under this section. (C) Structure The President may fashion a consent de- cree so that the entering of such decree and compliance with such decree or with any de- termination or agreement made pursuant to this section shall not be considered an ad- mission of liability for any purpose. (2) Public participation (A) Filing of proposed judgment At least 30 days before a final judgment is entered under paragraph (1), the proposed judgment shall be filed with the court. (B) Opportunity for comment The Attorney General shall provide an op- portunity to persons who are not named as parties to the action to comment on the pro- posed judgment before its entry by the court as a final judgment. The Attorney General shall consider, and file with the court, any written comments, views, or allegations re- lating to the proposed judgment. The Attor- ney General may withdraw or withhold its consent to the proposed judgment if the comments, views, and allegations con- cerning the judgment disclose facts or con- siderations which indicate that the proposed judgment is inappropriate, improper, or in- adequate. (3) 9604(b) agreements Whenever the President enters into an agreement under this section with any poten- tially responsible party with respect to action under section 9604(b) of this title, the Presi- dent shall issue an order or enter into a decree setting forth the obligations of such party. The United States district court for the dis- trict in which the release or threatened re- lease occurs may enforce such order or decree. (e) Special notice procedures (1) Notice Whenever the President determines that a period of negotiation under this subsection would facilitate an agreement with poten- tially responsible parties for taking response action (including any action described in sec- tion 9604(b) of this title) and would expedite remedial action, the President shall so notify all such parties and shall provide them with information concerning each of the following: (A) The names and addresses of potentially responsible parties (including owners and op- erators and other persons referred to in sec- tion 9607(a) of this title), to the extent such information is available. (B) To the extent such information is available, the volume and nature of sub- stances contributed by each potentially re- sponsible party identified at the facility. (C) A ranking by volume of the substances at the facility, to the extent such informa- tion is available. The President shall make the information re- ferred to in this paragraph available in ad- vance of notice under this paragraph upon the request of a potentially responsible party in accordance with procedures provided by the President. The provisions of subsection (e) of section 9604 of this title regarding protection of confidential information apply to informa- tion provided under this paragraph. Disclosure of information generated by the President under this section to persons other than the Congress, or any duly authorized Committee thereof, is subject to other privileges or pro- tections provided by law, including (but not limited to) those applicable to attorney work product. Nothing contained in this paragraph or in other provisions of this chapter shall be construed, interpreted, or applied to diminish the required disclosure of information under other provisions of this or other Federal or State laws. (2) Negotiation (A) Moratorium Except as provided in this subsection, the President may not commence action under section 9604(a) of this title or take any ac- tion under section 9606 of this title for 120 days after providing notice and information under this subsection with respect to such action. Except as provided in this sub- section, the President may not commence a remedial investigation and feasibility study under section 9604(b) of this title for 90 days after providing notice and information under this subsection with respect to such action. The President may commence any addi- tional studies or investigations authorized under section 9604(b) of this title, including remedial design, during the negotiation pe- riod. (B) Proposals Persons receiving notice and information under paragraph (1) of this subsection with respect to action under section 9606 of this title shall have 60 days from the date of re- ceipt of such notice to make a proposal to the President for undertaking or financing the action under section 9606 of this title. Persons receiving notice and information under paragraph (1) of this subsection with respect to action under section 9604(b) of this title shall have 60 days from the date of re- ceipt of such notice to make a proposal to the President for undertaking or financing the action under section 9604(b) of this title. (C) Additional parties If an additional potentially responsible party is identified during the negotiation pe- Page 7791 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9622 riod or after an agreement has been entered into under this subsection concerning a re- lease or threatened release, the President may bring the additional party into the ne- gotiation or enter into a separate agreement with such party. (3) Preliminary allocation of responsibility (A) In general The President shall develop guidelines for preparing nonbinding preliminary alloca- tions of responsibility. In developing these guidelines the President may include such factors as the President considers relevant, such as: volume, toxicity, mobility, strength of evidence, ability to pay, litigative risks, public interest considerations, precedential value, and inequities and aggravating fac- tors. When it would expedite settlements under this section and remedial action, the President may, after completion of the re- medial investigation and feasibility study, provide a nonbinding preliminary allocation of responsibility which allocates percentages of the total cost of response among poten- tially responsible parties at the facility. (B) Collection of information To collect information necessary or appro- priate for performing the allocation under subparagraph (A) or for otherwise imple- menting this section, the President may by subpoena require the attendance and testi- mony of witnesses and the production of re- ports, papers, documents, answers to ques- tions, and other information that the Presi- dent deems necessary. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In the event of contumacy or failure or re- fusal of any person to obey any such sub- poena, any district court of the United States in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof. (C) Effect The nonbinding preliminary allocation of responsibility shall not be admissible as evi- dence in any proceeding, and no court shall have jurisdiction to review the nonbinding preliminary allocation of responsibility. The nonbinding preliminary allocation of respon- sibility shall not constitute an apportion- ment or other statement on the divisibility of harm or causation. (D) Costs The costs incurred by the President in pro- ducing the nonbinding preliminary alloca- tion of responsibility shall be reimbursed by the potentially responsible parties whose offer is accepted by the President. Where an offer under this section is not accepted, such costs shall be considered costs of response. (E) Decision to reject offer Where the President, in his discretion, has provided a nonbinding preliminary alloca- tion of responsibility and the potentially re- sponsible parties have made a substantial offer providing for response to the President which he rejects, the reasons for the rejec- tion shall be provided in a written expla- nation. The President’s decision to reject such an offer shall not be subject to judicial review. (4) Failure to propose If the President determines that a good faith proposal for undertaking or financing action under section 9606 of this title has not been submitted within 60 days of the provision of notice pursuant to this subsection, the Presi- dent may thereafter commence action under section 9604(a) of this title or take an action against any person under section 9606 of this title. If the President determines that a good faith proposal for undertaking or financing ac- tion under section 9604(b) of this title has not been submitted within 60 days after the provi- sion of notice pursuant to this subsection, the President may thereafter commence action under section 9604(b) of this title. (5) Significant threats Nothing in this subsection shall limit the President’s authority to undertake response or enforcement action regarding a significant threat to public health or the environment within the negotiation period established by this subsection. (6) Inconsistent response action When either the President, or a potentially responsible party pursuant to an administra- tive order or consent decree under this chap- ter, has initiated a remedial investigation and feasibility study for a particular facility under this chapter, no potentially responsible party may undertake any remedial action at the fa- cility unless such remedial action has been au- thorized by the President. (f) Covenant not to sue (1) Discretionary covenants The President may, in his discretion, pro- vide any person with a covenant not to sue concerning any liability to the United States under this chapter, including future liability, resulting from a release or threatened release of a hazardous substance addressed by a reme- dial action, whether that action is onsite or offsite, if each of the following conditions is met: (A) The covenant not to sue is in the pub- lic interest. (B) The covenant not to sue would expe- dite response action consistent with the Na- tional Contingency Plan under section 9605 of this title. (C) The person is in full compliance with a consent decree under section 9606 of this title (including a consent decree entered into in accordance with this section) for re- sponse to the release or threatened release concerned. (D) The response action has been approved by the President. (2) Special covenants not to sue In the case of any person to whom the Presi- dent is authorized under paragraph (1) of this Page 7792 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9622 subsection to provide a covenant not to sue, for the portion of remedial action— (A) which involves the transport and se- cure disposition offsite of hazardous sub- stances in a facility meeting the require- ments of sections 6924(c), (d), (e), (f), (g), (m), (o), (p), (u), and (v) and 6925(c) of this title, where the President has rejected a proposed remedial action that is consistent with the National Contingency Plan that does not in- clude such offsite disposition and has there- after required offsite disposition; or (B) which involves the treatment of haz- ardous substances so as to destroy, elimi- nate, or permanently immobilize the haz- ardous constituents of such substances, such that, in the judgment of the President, the substances no longer present any current or currently foreseeable future significant risk to public health, welfare or the environ- ment, no byproduct of the treatment or de- struction process presents any significant hazard to public health, welfare or the envi- ronment, and all byproducts are themselves treated, destroyed, or contained in a manner which assures that such byproducts do not present any current or currently foreseeable future significant risk to public health, wel- fare or the environment, the President shall provide such person with a covenant not to sue with respect to future li- ability to the United States under this chapter for a future release or threatened release of hazardous substances from such facility, and a person provided such covenant not to sue shall not be liable to the United States under sec- tion 9606 or 9607 of this title with respect to such release or threatened release at a future time. (3) Requirement that remedial action be com- pleted A covenant not to sue concerning future li- ability to the United States shall not take ef- fect until the President certifies that remedial action has been completed in accordance with the requirements of this chapter at the facil- ity that is the subject of such covenant. (4) Factors In assessing the appropriateness of a cov- enant not to sue under paragraph (1) and any condition to be included in a covenant not to sue under paragraph (1) or (2), the President shall consider whether the covenant or condi- tion is in the public interest on the basis of such factors as the following: (A) The effectiveness and reliability of the remedy, in light of the other alternative remedies considered for the facility con- cerned. (B) The nature of the risks remaining at the facility. (C) The extent to which performance standards are included in the order or de- cree. (D) The extent to which the response ac- tion provides a complete remedy for the fa- cility, including a reduction in the haz- ardous nature of the substances at the facil- ity. (E) The extent to which the technology used in the response action is demonstrated to be effective. (F) Whether the Fund or other sources of funding would be available for any addi- tional remedial actions that might eventu- ally be necessary at the facility. (G) Whether the remedial action will be carried out, in whole or in significant part, by the responsible parties themselves. (5) Satisfactory performance Any covenant not to sue under this sub- section shall be subject to the satisfactory performance by such party of its obligations under the agreement concerned. (6) Additional condition for future liability (A) Except for the portion of the remedial action which is subject to a covenant not to sue under paragraph (2) or under subsection (g) (relating to de minimis settlements), a cov- enant not to sue a person concerning future li- ability to the United States shall include an exception to the covenant that allows the President to sue such person concerning future liability resulting from the release or threat- ened release that is the subject of the cov- enant where such liability arises out of condi- tions which are unknown at the time the President certifies under paragraph (3) that re- medial action has been completed at the facil- ity concerned. (B) In extraordinary circumstances, the President may determine, after assessment of relevant factors such as those referred to in paragraph (4) and volume, toxicity, mobility, strength of evidence, ability to pay, litigative risks, public interest considerations, preceden- tial value, and inequities and aggravating fac- tors, not to include the exception referred to in subparagraph (A) if other terms, conditions, or requirements of the agreement containing the covenant not to sue are sufficient to pro- vide all reasonable assurances that public health and the environment will be protected from any future releases at or from the facil- ity. (C) The President is authorized to include any provisions allowing future enforcement action under section 9606 or 9607 of this title that in the discretion of the President are nec- essary and appropriate to assure protection of public health, welfare, and the environment. (g) De minimis settlements (1) Expedited final settlement Whenever practicable and in the public in- terest, as determined by the President, the President shall as promptly as possible reach a final settlement with a potentially respon- sible party in an administrative or civil action under section 9606 or 9607 of this title if such settlement involves only a minor portion of the response costs at the facility concerned and, in the judgment of the President, the con- ditions in either of the following subparagraph (A) or (B) are met: (A) Both of the following are minimal in comparison to other hazardous substances at the facility: (i) The amount of the hazardous sub- stances contributed by that party to the facility. Page 7793 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9622 (ii) The toxic or other hazardous effects of the substances contributed by that party to the facility. (B) The potentially responsible party— (i) is the owner of the real property on or in which the facility is located; (ii) did not conduct or permit the genera- tion, transportation, storage, treatment, or disposal of any hazardous substance at the facility; and (iii) did not contribute to the release or threat of release of a hazardous substance at the facility through any action or omis- sion. This subparagraph (B) does not apply if the potentially responsible party purchased the real property with actual or constructive knowledge that the property was used for the generation, transportation, storage, treatment, or disposal of any hazardous sub- stance. (2) Covenant not to sue The President may provide a covenant not to sue with respect to the facility concerned to any party who has entered into a settle- ment under this subsection unless such a cov- enant would be inconsistent with the public interest as determined under subsection (f). (3) Expedited agreement The President shall reach any such settle- ment or grant any such covenant not to sue as soon as possible after the President has avail- able the information necessary to reach such a settlement or grant such a covenant. (4) Consent decree or administrative order A settlement under this subsection shall be entered as a consent decree or embodied in an administrative order setting forth the terms of the settlement. In the case of any facility where the total response costs exceed $500,000 (excluding interest), if the settlement is em- bodied as an administrative order, the order may be issued only with the prior written ap- proval of the Attorney General. If the Attor- ney General or his designee has not approved or disapproved the order within 30 days of this referral, the order shall be deemed to be ap- proved unless the Attorney General and the Administrator have agreed to extend the time. The district court for the district in which the release or threatened release occurs may en- force any such administrative order. (5) Effect of agreement A party who has resolved its liability to the United States under this subsection shall not be liable for claims for contribution regarding matters addressed in the settlement. Such set- tlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement. (6) Settlements with other potentially respon- sible parties Nothing in this subsection shall be con- strued to affect the authority of the President to reach settlements with other potentially responsible parties under this chapter. (7) Reduction in settlement amount based on limited ability to pay (A) In general The condition for settlement under this paragraph is that the potentially responsible party is a person who demonstrates to the President an inability or a limited ability to pay response costs. (B) Considerations In determining whether or not a dem- onstration is made under subparagraph (A) by a person, the President shall take into consideration the ability of the person to pay response costs and still maintain its basic business operations, including consid- eration of the overall financial condition of the person and demonstrable constraints on the ability of the person to raise revenues. (C) Information A person requesting settlement under this paragraph shall promptly provide the Presi- dent with all relevant information needed to determine the ability of the person to pay response costs. (D) Alternative payment methods If the President determines that a person is unable to pay its total settlement amount at the time of settlement, the President shall consider such alternative payment methods as may be necessary or appropriate. (8) Additional conditions for expedited settle- ments (A) Waiver of claims The President shall require, as a condition for settlement under this subsection, that a potentially responsible party waive all of the claims (including a claim for contribu- tion under this chapter) that the party may have against other potentially responsible parties for response costs incurred with re- spect to the facility, unless the President de- termines that requiring a waiver would be unjust. (B) Failure to comply The President may decline to offer a set- tlement to a potentially responsible party under this subsection if the President deter- mines that the potentially responsible party has failed to comply with any request for ac- cess or information or an administrative subpoena issued by the President under this chapter or has impeded or is impeding, through action or inaction, the performance of a response action with respect to the fa- cility. (C) Responsibility to provide information and access A potentially responsible party that enters into a settlement under this subsection shall not be relieved of the responsibility to pro- vide any information or access requested in accordance with subsection (e)(3)(B) or sec- tion 9604(e) of this title. (9) Basis of determination If the President determines that a poten- tially responsible party is not eligible for set- Page 7794 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9622 tlement under this subsection, the President shall provide the reasons for the determina- tion in writing to the potentially responsible party that requested a settlement under this subsection. (10) Notification As soon as practicable after receipt of suffi- cient information to make a determination, the President shall notify any person that the President determines is eligible under para- graph (1) of the person’s eligibility for an expe- dited settlement. (11) No judicial review A determination by the President under paragraph (7), (8), (9), or (10) shall not be sub- ject to judicial review. (12) Notice of settlement After a settlement under this subsection be- comes final with respect to a facility, the President shall promptly notify potentially re- sponsible parties at the facility that have not resolved their liability to the United States of the settlement. (h) Cost recovery settlement authority (1) Authority to settle The head of any department or agency with authority to undertake a response action under this chapter pursuant to the national contingency plan may consider, compromise, and settle a claim under section 9607 of this title for costs incurred by the United States Government if the claim has not been referred to the Department of Justice for further ac- tion. In the case of any facility where the total response costs exceed $500,000 (excluding interest), any claim referred to in the pre- ceding sentence may be compromised and set- tled only with the prior written approval of the Attorney General. (2) Use of arbitration Arbitration in accordance with regulations promulgated under this subsection may be used as a method of settling claims of the United States where the total response costs for the facility concerned do not exceed $500,000 (excluding interest). After consulta- tion with the Attorney General, the depart- ment or agency head may establish and pub- lish regulations for the use of arbitration or settlement under this subsection. (3) Recovery of claims If any person fails to pay a claim that has been settled under this subsection, the depart- ment or agency head shall request the Attor- ney General to bring a civil action in an ap- propriate district court to recover the amount of such claim, plus costs, attorneys’ fees, and interest from the date of the settlement. In such an action, the terms of the settlement shall not be subject to review. (4) Claims for contribution A person who has resolved its liability to the United States under this subsection shall not be liable for claims for contribution regarding matters addressed in the settlement. Such set- tlement shall not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement. (i) Settlement procedures (1) Publication in Federal Register At least 30 days before any settlement (in- cluding any settlement arrived at through ar- bitration) may become final under subsection (h), or under subsection (g) in the case of a set- tlement embodied in an administrative order, the head of the department or agency which has jurisdiction over the proposed settlement shall publish in the Federal Register notice of the proposed settlement. The notice shall identify the facility concerned and the parties to the proposed settlement. (2) Comment period For a 30-day period beginning on the date of publication of notice under paragraph (1) of a proposed settlement, the head of the depart- ment or agency which has jurisdiction over the proposed settlement shall provide an op- portunity for persons who are not parties to the proposed settlement to file written com- ments relating to the proposed settlement. (3) Consideration of comments The head of the department or agency shall consider any comments filed under paragraph (2) in determining whether or not to consent to the proposed settlement and may withdraw or withhold consent to the proposed settle- ment if such comments disclose facts or con- siderations which indicate the proposed settle- ment is inappropriate, improper, or inad- equate. (j) Natural resources (1) Notification of trustee Where a release or threatened release of any hazardous substance that is the subject of ne- gotiations under this section may have re- sulted in damages to natural resources under the trusteeship of the United States, the President shall notify the Federal natural re- source trustee of the negotiations and shall encourage the participation of such trustee in the negotiations. (2) Covenant not to sue An agreement under this section may con- tain a covenant not to sue under section 9607(a)(4)(C) of this title for damages to nat- ural resources under the trusteeship of the United States resulting from the release or threatened release of hazardous substances that is the subject of the agreement, but only if the Federal natural resource trustee has agreed in writing to such covenant. The Fed- eral natural resource trustee may agree to such covenant if the potentially responsible party agrees to undertake appropriate actions necessary to protect and restore the natural resources damaged by such release or threat- ened release of hazardous substances. (k) Section not applicable to vessels The provisions of this section shall not apply to releases from a vessel. (l) Civil penalties A potentially responsible party which is a party to an administrative order or consent de- Page 7795 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9624 cree entered pursuant to an agreement under this section or section 9620 of this title (relating to Federal facilities) or which is a party to an agreement under section 9620 of this title and which fails or refuses to comply with any term or condition of the order, decree or agreement shall be subject to a civil penalty in accordance with section 9609 of this title. (m) Applicability of general principles of law In the case of consent decrees and other settle- ments under this section (including covenants not to sue), no provision of this chapter shall be construed to preclude or otherwise affect the ap- plicability of general principles of law regarding the setting aside or modification of consent de- crees or other settlements. (Pub. L. 96–510, title I, § 122, as added Pub. L. 99–499, title I, § 122(a), Oct. 17, 1986, 100 Stat. 1678; amended Pub. L. 107–118, title I, § 102(b), Jan. 11, 2002, 115 Stat. 2359.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Federal Rules of Evidence, referred to in subsec. (d)(1)(B), are set out in the Appendix to Title 28, Judici- ary and Judicial Procedure. AMENDMENTS 2002—Subsec. (g)(7) to (12). Pub. L. 107–118 added pars. (7) to (12). Statutory Notes and Related Subsidiaries EFFECT ON CONCLUDED ACTIONS Amendment by Pub. L. 107–118 not to apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any ad- ministrative settlement or order entered into or issued by the United States or any State, before Jan. 11, 2002, see section 103 of Pub. L. 107–118, set out as a note under section 9607 of this title. COORDINATION OF TITLES I TO IV OF PUB. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, im- posing 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, In- ternal Revenue Code. § 9623. Reimbursement to local governments (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 in- curred (before or after October 17, 1986) in car- rying out temporary emergency measures nec- essary 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, se- curity 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 re- sponse. (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 reim- bursement 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 lo- cated. (d) Procedure Reimbursements authorized pursuant to this section shall be in accordance with rules pro- mulgated by the Administrator within one year after October 17, 1986. (Pub. L. 96–510, title I, § 123, as added Pub. L. 99–499, title I, § 123(a), Oct. 17, 1986, 100 Stat. 1688.) § 9624. Methane recovery (a) In general In the case of a facility at which equipment for the recovery or processing (including recir- culation of condensate) of methane has been in- stalled, for purposes of this chapter: (1) The owner or operator of such equipment shall not be considered an ‘‘owner or oper- ator’’, as defined in section 9601(20) of this title, with respect to such facility. (2) The owner or operator of such equipment shall not be considered to have arranged for disposal or treatment of any hazardous sub- stance at such facility pursuant to section 9607 of this title. (3) The owner or operator of such equipment shall not be subject to any action under sec- tion 9606 of this title with respect to such fa- cility. (b) Exceptions Subsection (a) does not apply with respect to a release or threatened release of a hazardous substance from a facility described in subsection (a) if either of the following circumstances exist: (1) The release or threatened release was pri- marily caused by activities of the owner or op- erator of the equipment described in sub- section (a). (2) The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or (4) of subsection (a) of section 9607 of this title with respect to such release or threatened re- lease if he were not the owner or operator of such equipment. In the case of any release or threatened release referred to in paragraph (1), the owner or oper-