42 U.S.C. § 9623 — Reimbursement to local governments

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-