Sec. 6008. Hazard abatement authority
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Chapter 51 is amended by inserting after section 5129 the following: If, upon inspection, investigation, testing, or research, the Secretary determines that an unsafe condition, practice, or activity, related to the transportation of hazardous materials in commerce or other items subject to this chapter, causes unreasonable risk of death, personal injury, or significant harm to the property or the environment, the Secretary may order removal, remediation, or disposal of such hazardous materials or other items subject to this chapter, as may be necessary to abate the unreasonable risk.
The order shall be in writing, and describe— the condition, practice, or activity that causes the unreasonable risk; the actions that must be taken to abate the unreasonable risk; and the standards and procedures for obtaining relief from the order. Subsection
(b)does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists. If the Secretary determines that a person has failed to comply with an order for removal, remediation, or disposal, the Secretary may take such action to arrange for the removal, remediation, or disposal of such hazardous materials as necessary to abate the unreasonable risk. Upon a determination by the Secretary that a person has failed to comply with an order for removal, remediation, or disposal of a hazardous material, such person shall be liable for all costs incurred by the United States Government in removing, remediating, or disposing of such hazardous materials. . The analysis for chapter 51 is amended by inserting after the item relating to section 5129 the following: 5130. Hazard abatement authority .