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42 USCS § 9604 PUBLIC HEALTH AND WELFARE -V
<br /> assistance in the administration and enforcement of any contract or
<br /> (A) have adequate capacity for the destruction, treatment, or secure subcontract in connection with response actions assisted under this title
<br /> disposition of all hazardous wastes that are reasonably expected to be [42 USCS §§9601 et seq.], and to intervene in any civil action involving
<br /> generated within the State during the 20-year period following the the enforcement of such contract or subcontract.
<br /> date of such contract or cooperative agreement and to be disposed of, (4) Where two or more noncontiguous facilities are reasonably related
<br /> treated, or destroyed, on the basis of geography, or on the basis of the threat, or potential
<br /> (B) are within the State or outside the State in accordance with an threat to the public health or welfare or the environment, the President
<br /> interstate agreement or regional agreement or authority,
<br /> discretion, treat these related facilities as one for purposes of
<br /> (C) are acceptable to the President, and this section.
<br /> (D) are in compliance with the requirements of subtitle C of the Solid
<br /> Waste Disposal Act [42 USCS §§ 6921 et seq.]. (e) Information gathering and access. (1) Action authorized. Any officer,
<br /> ( employee, or representative of the President, duly designated by the
<br /> d) Contracts or cooperative agreements by President with States or
<br /> political subdivisions; or Indian tribes; State applications, terms and President, is authorized re take action under paragraph (2), en, place,ce,
<br /> conditions; reimbursements; cost-sharing provisions; enforcement re. (or any combination thereof) at a vessel, facility, establishment, place,
<br /> ements and procedures. (1) Cooperative agreements. property, or location or, in the case of paragraph (3) or (4), at any
<br /> State applications. A State or political subdivision thereof or vessel, facility, establishment, place, property, or location which is
<br /> Indian tribe may apply to the President to carry out actions autho- adjacent to the vessel, facility, establishment, place, property, or location
<br /> referred to in such paragraph (3) or (4). Any duly designated o
<br /> rized in this section. If the President determines that the State or officer,
<br /> political subdivision or Indian tribe has the capability to carry out employee, or representative of a State or political subdivision under a
<br /> any or all of such actions in accordance with the criteria and contract or cooperative agreement under subsection (d)(1) is also autho-
<br /> priorities established pursuant to section 105(x)(8) [42 USCS rized to take such action. The authority of paragraphs (3) and (4) may
<br /> § 9605(a)(8)] and to carry out related enforcement actions, the Presi- be exercised only if_there is a reasonable basis to believe there may be a
<br /> dent may enter into a contract or cooperative agreement with the release or threat -of release of a hazardous substance or pollutant or
<br /> State or political subdivision or Indian tribe to carry out such actions contaminant. The authority of this subsection may be exercised only for
<br /> The President shall make a determination regarding such an applica- the purposes of determining the need for response, or choosing or taking
<br /> tion within 90 days after the President receives the application. any response action under this title [42 USCS §§ 9601 et seq.], or
<br /> (B) Terms and conditions. A contract or cooperative agreement under otherwise enforcing the provisions of this title 142 USCS §§ 9601 et
<br /> this paragraph shall be subject to such terms and conditions as the seq.].
<br /> President may prescribe. The contract or cooperative agreement may (2) Access to information. Any officer, employee, or representative
<br /> cover a specific facility or specific facilities. described in paragraph (1) may require any person who has or may have
<br /> (C) Reimbursements. Any State which expended funds during the information relevant to any of the following to furnish, upon reasonable
<br /> period beginning September 30, 1985, and ending on the date of the notice, information or documents relating to such matter:
<br /> nactment of this subparagraph [enacted Oct. 17, 1986] for response (A) The identification, nature, and quantity of materials which have
<br /> tions at any site included on the National Priorities List and subject been or are generated, treated, stored, or disposed of at a vessel or
<br /> to a cooperative agreement under this Act shall be reimbursed for the facility or transported to a vessel or facility.
<br /> share of costs of such actions for which the Federal Government is (B) The nature or extent of a release or threatened release of a
<br /> responsible under this Act. hazardous substance or pollutant or contaminant at or from a vessel
<br /> (2) If the President enters into a cost-sharing agreement pursuant to or facility.
<br /> subsection (c) of this section or a contract or cooperative agreement (C) Information relating to the ability of a person to pay for or to
<br /> pursuant to this subsection, and the State or political subdivision thereof perform a cleanup.
<br /> fails to comply with any requirements of the contract, the President In addition, upon reasonable notice, such person either (i) shall grant
<br /> may, after providing sixty days notice, seek in the appropriate Federal any such officer, employee, or representative access at all reasonable
<br /> district court to enforce the contract or to recover any funds advanced times to any vessel, facility, establishment, place, property, or location to
<br /> or any costs incurred because of the breach of the contract by the State inspect and copy all documents or records relating to such matters or
<br /> or political subdivision. (ii) shall copy and furnish to the officer, employee, or representative all
<br /> (3) Where a State or a political subdivision thereof is acting in behalf of such documents or records, at the option and expense of such person.
<br /> the President, the President is authorized to provide technical and legal
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