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<br /> 42 USCS § 9623
<br /> 42 USCS § 9622 PUBLIC HEALTH AND WELFARE �'":: ENVIRONMENTAL RESPONSE
<br /> _ otherwise affect the applicability of general principles of law regarding the
<br /> head of the department or agency which has jurisdiction over the __ setting aside or modification of consent decrees or other settlements.
<br /> proposed settlement shall publish in the Federal Register notice of the 11, 1980, P. L. 96-510, Title I, § 122, as added Oct. 17, 1986, P. L.
<br /> proposed settlement. The notice shall identify the facility concerned and Title I, § 122(a), 100 Stat. 1678.)
<br /> the parties to the proposed settlement. i.
<br /> (2) Comment period. For a 30-day period beginning on the date of '_ HISTORY;ANCILLARY LAWS AND DIRECTIVES
<br /> publication of notice under paragraph (1) of a proposed settlement, the =` ' References in text
<br /> head of the department or agency which has jurisdiction over the ` ` ..� Act", referred to in this section, is Act Dec. ll, 1980, P. L. 96
<br /> proposed settlement shall provide an opportunity for persons who are '' y
<br /> }.;_ 510, 94 Stat. 2767, commonl known 85 the "Comprehensive Environ-
<br /> not parties to the proposed settlement to file written comments relating " mental Response, Compensation, and Liability Act of 1980 which
<br /> to the proposed settlement. i. appears generally as 42 USCS §§9601 et seq. For full classification of
<br /> (3) Consideration of comments. The bead of the department or agency such Act, consult USCS Tables volumes.
<br /> shall consider any comments filed under paragraph (2) in determining + -
<br /> ther or not to consent to the proposed settlement and may withdraw 'r Act Oct. 17, 1986,Effective date of section:
<br /> n: 99-499, §4, 100 Stat. 1614, which appears as
<br /> Withhold consent to the proposed settlement if such comments "^ 42 USCS §9601 note, provides that this section is effective on enact
<br /> disclose facts or considerations which indicate the proposed settlement is — mrnt on Oct. 17, 1986.
<br /> inappropriate, improper, or inadequate. '.
<br /> �Mr'.T.
<br /> (j) Natural resources. (1) Notification of trustee. Where a release or Other provisions:Delegation of functions. As to the delegation of certain functions
<br /> threatened release of any hazardous substance that is the subject of pursuant to provisions of this section, see Ex. Or. No. 12580 of Jan. 23,
<br /> negotiations under this section may have resulted in damages to natural 1987, 52 Fed. Reg. 2923, which appears as 42 USCS §9615 note.
<br /> resources under the trusteeship of the United States, the President shall
<br /> notify the Federal natural resource trustee of the negotiations and shall INTERPRETIVE NOTES AND DECISIONS
<br /> encourage the participation of such trustee in the negotiations.
<br /> Hydraulic wntainment proposal for remedia- resulted in iner��anteited �wt.oeonsmt
<br /> slurry
<br /> (2) Covenant not to sue. An agreement Under this section may contain a
<br /> trms Of iof harardous waste site is legally and techni. wall remedy,
<br /> covenant not to sue under section 107(a)(4)(C) [42 USCS idly appropriate under 42 USCS §4 9�w�a dxree is cons scenree are fair, t a both Const tution and
<br /> § 9607(a)(4)(C)] for damages to natural resources under the trusteeship 9622 and should be substituted for
<br /> "slurry
<br /> tom,;,,. source isolation remedy previously adopted. mandate of Congress.
<br /> United Stites v Conserva-
<br /> of the United States resulting from the release or threatened release of where in parties have Consented to alternative tion Chemical Co. (19x6, 9VD Mo) 6g1 F Supp
<br /> hazardous substances that is the subject of the agreement, but only if the - e sin" geolop, bonditiom at site have 1394.
<br /> Federal natural resource trustee has agreed in writing to such covenant. _
<br /> The Federal natural resource trustee may agree to such covenant if the §9623. Reimbursement to local governments
<br /> tent ally responsible party agrees to undertake appropriate actions (e) Application. Any general purpose unit of local government for a
<br /> tessary to protect and restore the natural resources damaged by such `i::. political subdivision which is affected by a release or threatened release at
<br /> re ease or threatened release of hazardous substances. any facility may apply to the President for reimbursement under this
<br /> (k) Section not applicable to vessels. The provisions of this section shall `�';!- section.
<br /> The President is
<br /> not apply to releases from a vessel.
<br /> (b) Reimbursement. (1) Temporary emergency measures.
<br /> authorized to reimburse local community authorities for expenses and
<br /> (1) Civil penalties. A potentially responsible party which is a party to an curved fore or after the enactment of the Superfund Amendments and
<br /> administrative order or consent decree entered pursuant to an agreement Reauthorization Act of 1986 [enacted Oct. 17, 1986]) in carrying out
<br /> under this section or section 120 [42 USCS § 96201 (relating to Federal temporary emergency measures necessary to prevent or mitigate injury
<br /> facilities) or which is a party to an agreement under section 120 [42 USCS to human health or the environment associated with the release Or
<br /> § 9620] and which fails or refuses to comply with any term or condition of threatened release of any hazardous substance or pollutant or contami-
<br /> the order, decree or agreement shall be subject to a civil penalty in „ nant. Such measures may include, where appropriate, security fencing to
<br /> accordance with section 109 [42 USCS § 9609]. "' limit access, response to fires and explosions, and other measures which
<br /> _ require immediate response at the local level.
<br /> (m) Applicability of general principles of law. In the case of consent (2) Local funds not supplanted. Reimbursement under this section shall
<br /> decrees and other settlements under this section (including covenants not not supplant local funds normally provided for response-
<br /> to sue), no provision of this Act shall be construed to preclude or - 421
<br /> 420
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