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 or benefit, substantive or procedural, en- forceable at law or equity by a party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. § 9616. Schedules (a) Assessment and listing of facilities It shall be a goal of this chapter that, to the maximum extent practicable— (1) not later than January 1, 1988, the Presi- dent shall complete preliminary assessments of all facilities that are contained (as of Octo- ber 17, 1986) on the Comprehensive Environ- mental Response, Compensation, and Liability Information System (CERCLIS) including in each assessment a statement as to whether a site inspection is necessary and by whom it should be carried out; and (2) not later than January 1, 1989, the Presi- dent shall assure the completion of site in- spections at all facilities for which the Presi- dent has stated a site inspection is necessary pursuant to paragraph (1). (b) Evaluation Within 4 years after October 17, 1986, each fa- cility listed (as of October 17, 1986) in the CERCLIS shall be evaluated if the President de- termines that such evaluation is warranted on the basis of a site inspection or preliminary as- sessment. The evaluation shall be in accordance with the criteria established in section 9605 of this title under the National Contingency Plan for determining priorities among release for in- clusion on the National Priorities List. In the case of a facility listed in the CERCLIS after Oc- tober 17, 1986, the facility shall be evaluated within 4 years after the date of such listing if the President determines that such evaluation is warranted on the basis of a site inspection or preliminary assessment. (c) Explanations If any of the goals established by subsection (a) or (b) are not achieved, the President shall publish an explanation of why such action could not be completed by the specified date. (d) Commencement of RI/FS The President shall assure that remedial in- vestigations and feasibility studies (RI/FS) are commenced for facilities listed on the National Priorities List, in addition to those commenced prior to October 17, 1986, in accordance with the following schedule: (1) not fewer than 275 by the date 36 months after October 17, 1986, and (2) if the requirement of paragraph (1) is not met, not fewer than an additional 175 by the date 4 years after October 17, 1986, an addi- tional 200 by the date 5 years after October 17, 1986, and a total of 650 by the date 5 years after October 17, 1986. (e) Commencement of remedial action The President shall assure that substantial and continuous physical on-site remedial action commences at facilities on the National Prior- ities List, in addition to those facilities on which remedial action has commenced prior to October 17, 1986, at a rate not fewer than: (1) 175 facilities during the first 36-month pe- riod after October 17, 1986; and (2) 200 additional facilities during the fol- lowing 24 months after such 36-month period. (Pub. L. 96–510, title I, § 116, as added Pub. L. 99–499, title I, § 116, Oct. 17, 1986, 100 Stat. 1653.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Envi- ronmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. § 9617. Public participation (a) Proposed plan Before adoption of any plan for remedial ac- tion 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 sub- mission 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 (relating to cleanup standards). The President or the State shall keep a transcript of the meeting and make such transcript available to the pub- lic. Page 7774 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9618 The notice and analysis published under para- graph (1) shall include sufficient information as may be necessary to provide a reasonable expla- nation of the proposed plan and alternative pro- posals considered. (b) Final plan Notice of the final remedial action plan adopt- ed shall be published and the plan shall be made available to the public before commencement of any remedial action. Such final plan shall be ac- companied 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 is taken, or (3) if any settlement or consent decree under section 9606 of this title or section 9622 of this title 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 ex- planation 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, pub- lished, or made available to the public under this section shall be available for public inspec- tion 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 Presi- dent may make grants available to any group of individuals which may be affected by a re- lease 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 assist- ance in interpreting information with regard to the nature of the hazard, remedial inves- tigation and feasibility study, record of deci- sion, remedial design, selection and construc- tion of remedial action, operation and mainte- nance, or removal action at such facility. (2) Amount The amount of any grant under this sub- section may not exceed $50,000 for a single grant recipient. The President may waive the $50,000 limitation in any case where such waiv- er is necessary to carry out the purposes of this subsection. Each grant recipient shall be required, as a condition of the grant, to con- tribute 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 ac- tion at the facility. Not more than one grant may be made under this subsection with re- spect to a single facility, but the grant may be renewed to facilitate public participation at all stages of remedial action. (Pub. L. 96–510, title I, § 117, as added Pub. L. 99–499, title I, § 117, Oct. 17, 1986, 100 Stat. 1654.) § 9618. High priority for drinking water supplies For purposes of taking action under section 9604 or 9606 of this title and listing facilities on the National Priorities List, the President shall give a high priority to facilities where the re- lease of hazardous substances or pollutants or contaminants has resulted in the closing of drinking water wells or has contaminated a principal drinking water supply. (Pub. L. 96–510, title I, § 118, as added Pub. L. 99–499, title I, § 118(a), Oct. 17, 1986, 100 Stat. 1655.) § 9619. Response action contractors (a) Liability of response action contractors (1) Response action contractors A person who is a response action contractor with respect to any release or threatened re- lease of a hazardous substance or pollutant or contaminant from a vessel or facility shall not be liable under this subchapter or under any other Federal law to any person for injuries, costs, damages, expenses, or other liability (including but not limited to claims for indem- nification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) which results from such release or threatened release. (2) Negligence, etc. Paragraph (1) shall not apply in the case of a release that is caused by conduct of the re- sponse action contractor which is negligent, grossly negligent, or which constitutes inten- tional misconduct. (3) Effect on warranties; employer liability Nothing in this subsection shall affect the li- ability of any person under any warranty under Federal, State, or common law. Nothing in this subsection shall affect the liability of an employer who is a response action con- tractor to any employee of such employer under any provision of law, including any pro- vision of any law relating to worker’s com- pensation. (4) Governmental employees A state employee or an employee of a polit- ical subdivision who provides services relating to response action while acting within the scope of his authority as a governmental em- ployee shall have the same exemption from li- ability (subject to the other provisions of this section) as is provided to the response action contractor under this section.