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42 USCS § 9623 PUBLIC HEALTH AND WELFARE ENVIRONMENTAL RESPONSE 42 USCS § 9625
<br /> shall be liable under this Act only for costs or damages primarily caused
<br /> (c) Amount. The amount of any reimbursement to any local authority _ by the activities of such owner or operator.
<br /> under subsection (bXl) may not exceed $25,000 for a single response. The (Dec. 11, 1980, P. L. 96-510, Title I, § 124, as added Oct. 17, 1986, P. L.
<br /> reimbursement under this section with respect to a single facility shall be n' 99099, Title I, § 124(a), 100 Stat. 1688.)
<br /> limited to the units of local government having jurisdiction over the
<br /> political subdivision in which the facility is located. HISTORY;ANCILLARY LAWS AND DIRECTIVES
<br /> (d) Procedure. Reimbursements authorized pursuant to this section shall be r.,. References in text:
<br /> in accordance with rules promulgated by the Administrator within one s; '"This AM", referred to in this section, is Act Dec. 11, 1980, P. L. 96.
<br /> year after the enactment of the Superfund Amendments and Reautboriza- ::': 510, 94 Stat 2767, commonly known as the "Comprehensive Environ-
<br /> tion Act of 1986 (enacted Oct 17, 1986). Y t_ mental Response, Compensation, mad Liability Act of 198011, which
<br /> .- . appears generally as 42 USCS §§9601 et seq. For full classification of
<br /> (Dec. 11, 1980, P. L. 96-510, Title I § 123, as added Oct 17, 1986, P. L. ; _ such Act,consult USCS Tables volumes.
<br /> 99-499, Title I, § 123(a), 100 Stat 1688.) u e.
<br /> Effective date of section:
<br /> HISTORY; ANCILLARY LAWS AND DIRECTIVES �.` Act Oct 17, 1986, P. L. 99-499, §4, 100 Stat. 1614, which appears as
<br /> *Effective date of section 42 USCS §9601 note, provides that this section is effective on enact-
<br /> ment on Oct. 17, 1986.
<br /> Act Oct. 17, 1986, P. L. 99-499, §4, 100 Stat. 1614, which appears as
<br /> 42 USCS §9601 note, provides that this section is effective on enact. § %25. Section 3001(b)(3)(A)(i) [42 USCS § 6921(b)(3)(A)(i)] waste
<br /> meet on Oct. 17, 1986.
<br /> (a) Revision of hazard ranking system. This section shall apply only to
<br /> Other provisions: facilities which are not included or proposed for inclusion on the National
<br /> Delegation of functions. As to the delegation of certain functions Priorities List and which contain substantial volumes of waste described in
<br /> pursuant to provisions of this section, see Ex. Or. No. 12580 of Jan. 23,
<br /> 1987, 52 Fed. Reg. 2923, which appears as 42 USCS §9615 note. :' section 3001(bx3)(AXi) of the Solid Waste Disposal Act 142 USCS
<br /> §6921(bX3XAXi)]. As expeditiously as practicable, the President shall
<br /> revise the hazard ranking system in effect under the National Contingency
<br /> § 9624. Methane recovery '` Plan with respect to such facilities in a manner which assures appropriate
<br /> (a) In general. In the case of a facility at which equipment for the recovery consideration of each of the following site-specific characteristics of such
<br /> or processing (including recirculation of condensate) of methane has been facilities:
<br /> installed, forses of this Act: -'_`"
<br /> purpo (1) The quantity, toxicity, and concentrations of hazardous constituents
<br /> (1) The owner or operator of such equipment shall not be considered an which are present in such waste and a comparison thereof with other
<br /> owner or operator", as defined in section 101(20) [42 USCS wastes.
<br /> §9601(20)], with respect to such facility. (2) The extent of, and potential for, release of such hazardous constitu-
<br /> V2) The owner or operator of such equipment shall not be considered to ents into the environment.
<br /> ve arranged for disposal or treatment of any hazardous substance at (3) The degree of risk to human health and the environment posed by
<br /> ch facility pursuant to section 107 of this Act [42 USCS §9607]. Y such constituents.
<br /> (3) The owner or operator of such equipment shall not be subject to any (b) Inclusion prohibited. Until the hazard ranking system is revised as
<br /> action under section 106 [42 USCS §9606] with respect to such facility. required by this section, the President may not include on the National
<br /> { Priorities List an facility(b) Exceptions. Subsection (a) dna not apply with respect to a release or ��,,.: y y which contains substantial volumes of waste
<br /> threatened release of a hazardous substance from a facility described in described in section 3001(bX3)(AXi) of the Solid Waste Disposal Act 142
<br /> subsection (a) if either of the following circumstances exist: USCS §6921(b)(3XAXi)] on the basis of an evaluation made principally on
<br /> (1) The release or threatened release was primarily caused by activities the volume of such waste and not on the concentrations of the hazardous
<br /> of the owner or operator of the equipment described in subsection (a). _ constituents of such waste. Nothing in this section shall be construed to
<br /> (2) The owner or operator of such equipment would be covered by affect the President's authority to include any such facility on the National
<br /> paragraph (1), (2), (3), or (4) of subsection (a) of section 107 (42 USCS Priorities List based on the presence of other substances at such facility or
<br /> § 9607(aXl), (2), (3), or (4)] with respect to such release or threatened to exercise any other authority of this Act with respect to such other
<br /> release if he were not the owner or operator of such equipment. y substances
<br /> In the case of an release or threatened release referred to in paragraph (Dec. 11, 1980, P. L. 96-51A,�Title I § 125, as added Oct. 17, 1986, P. L.
<br /> Y e 99-499, Title I, § 125, 100 Stat. 1689.)
<br /> (l), the owner or operator of the equipment described in subsection (a)
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