Sec. 2. Federal facilities
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/bill/113/hr/2318/rh/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 120(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a) ) is amended in the heading by striking . of Act Section 120(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a)(2) ) is amended— by striking preliminary assessments and inserting response actions ; by inserting or after National Contingency Plan, ; by striking , or applicable to remedial actions at such facilities ; and by inserting or have been before owned or operated .
Section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a)(4) ) is amended to read as follows: Each department, agency, and instrumentality of the United States shall be subject to, and comply with, at facilities that are or have been owned or operated by any such department, agency, or instrumentality, State substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including State hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity.
The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any State substantive or procedural requirement referred to in subparagraph (A). Neither the United States, nor any agent, employee, nor officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any injunctive relief under subparagraph (C)(ii). No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, with respect to any act or omission within the scope of the official duties of the agent, employee, or officer.
The State substantive and procedural requirements referred to in subparagraph
(A)include— administrative orders; injunctive relief; civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations; reasonable service charges or oversight costs; and laws or regulations requiring the imposition and maintenance of engineering or land use controls. The reasonable service charges or oversight costs referred to in subparagraph
(C)include fees or charges assessed in connection with— the processing, issuance, renewal, or modification of permits; the review of plans, reports, studies, and other documents; attorney’s fees; inspection and monitoring of facilities or vessels; and any other nondiscriminatory charges that are assessed in connection with a State requirement regarding response relating to hazardous substances or pollutants or contaminants. .
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