Sec. 1522. LEAKING UNDERGROUND STORAGE TANKS
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/statute-compilations/comps-10914/sec-1522A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1522 LEAKING UNDERGROUND STORAGE TANKS ###
(a)In General Section 9004 of the Solid Waste Disposal Act (42 U.S.C. 6991c) is amended by adding at the end the following: > > ### “(f) Trust Fund Distribution > > > #### “(1) In general > > > ##### “(A) Amount and permitted uses of distribution > > The Administrator shall distribute to States not less than 80 percent of the funds from the Trust Fund that are made available to the Administrator under section 9014(2)(A) for each fiscal year for use in paying the reasonable costs, incurred under a cooperative agreement with any State for— > > > ###### “(i) > > corrective actions taken by the State under section 9003(h)(7)(A); > > > ###### “(ii) > > necessary administrative expenses, as determined by the Administrator, that are directly related to State fund or State assurance programs under subsection (c)(1); or > > > ###### “(iii) > > enforcement, by a State or a local government, of State or local regulations pertaining to underground storage tanks regulated under this subtitle. > > > ##### “(B) Use of funds for enforcement > > In addition to the uses of funds authorized under subparagraph (A), the Administrator may use funds from the Trust Fund that are not distributed to States under subparagraph
(A)for enforcement of any regulation promulgated by the Administrator under this subtitle. > > > ##### “(C) Prohibited uses > > Funds provided to a State by the Administrator under subparagraph
(A)shall not be used by the State to provide financial assistance to an owner or operator to meet any requirement relating to underground storage tanks under subparts B, C, D, H, and G of part 280 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). > > > #### “(2) Allocation > > > ##### “(A) Process > > Subject to subparagraphs
(B)and (C), in the case of a State with which the Administrator has entered into a cooperative agreement under section 9003(h)(7)(A), the Administrator shall distribute funds from the Trust Fund to the State using an allocation process developed by the Administrator. > > > ##### “(B) Diversion of state funds > > The Administrator shall not distribute funds under subparagraph (A)(iii) of subsection (f)(1) to any State that has diverted funds from a State fund or State assurance program for purposes other than those related to the regulation of underground storage tanks covered by this subtitle, with the exception of those transfers that had been completed earlier than the date of enactment of this subsection. > > > ##### “(C) Revisions to process > > The Administrator may revise the allocation process referred to in subparagraph
(A)after— > > > ###### “(i) > > consulting with State agencies responsible for overseeing corrective action for releases from underground storage tanks; and > > > ###### “(ii) > > taking into consideration, at a minimum, each of the following: > > > ###### “(I) > > The number of confirmed releases from federally regulated leaking underground storage tanks in the States. > > > ###### “(II) > > The number of federally regulated underground storage tanks in the States. > > > ###### “(III) > > The performance of the States in implementing and enforcing the program. > > > ###### “(IV) > > The financial needs of the States. > > > ###### “(V) > > The ability of the States to use the funds referred to in subparagraph
(A)in any year. > > > #### “(3) Distributions to state agencies > > Distributions from the Trust Fund under this subsection shall be made directly to a State agency that— > > > ##### “(A) > > enters into a cooperative agreement referred to in paragraph (2)(A); or > > > ##### “(B) > > is enforcing a State program approved under this section.” > . ###
(b)Withdrawal of Approval of State Funds Section 9004(c) of the Solid Waste Disposal Act (42 U.S.C. 6991c(c)) is amended by inserting the following new paragraph at the end thereof: > > #### “(6) Withdrawal of approval > > After an opportunity for good faith, collaborative efforts to correct financial deficiencies with a State fund, the Administrator may withdraw approval of any State fund or State assurance program to be used as a financial responsibility mechanism without withdrawing approval of a State underground storage tank program under section 9004(a).” > . ###
(c)Ability to Pay Section 9003(h)(6) of the Solid Waste Disposal Act (42 U.S.C. 6591a(h)(6)) is amended by adding the following new subparagraph at the end thereof: > > ##### “(E) Inability or limited ability to pay > > > ###### “(i) In general > > In determining the level of recovery effort, or amount that should be recovered, the Administrator (or the State pursuant to paragraph (7)) shall consider the owner or operator's ability to pay. An inability or limited ability to pay corrective action costs must be demonstrated to the Administrator (or the State pursuant to paragraph (7)) by the owner or operator. > > > ###### “(ii) Considerations > > In determining whether or not a demonstration is made under clause (i), the Administrator (or the State pursuant to paragraph (7)) shall take into consideration the ability of the owner or operator to pay corrective action costs and still maintain its basic business operations, including consideration of the overall financial condition of the owner or operator and demonstrable constraints on the ability of the owner or operator to raise revenues. > > > ###### “(iii) Information > > An owner or operator requesting consideration under this subparagraph shall promptly provide the Administrator (or the State pursuant to paragraph (7)) with all relevant information needed to determine the ability of the owner or operator to pay corrective action costs. > > > ###### “(iv) Alternative payment methods > > The Administrator (or the State pursuant to paragraph (7)) shall consider alternative payment methods as may be necessary or appropriate if the Administrator (or the State pursuant to paragraph (7)) determines that an owner or operator cannot pay all or a portion of the costs in a lump sum payment. > > > ###### “(v) Misrepresentation > > If an owner or operator provides false information or otherwise misrepresents their financial situation under clause (ii), the Administrator (or the State pursuant to paragraph (7)) shall seek full recovery of the costs of all such actions pursuant to the provisions of subparagraph
(A)without consideration of the factors in subparagraph (B).” > .
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- 42 USC 6591a(h)(6)
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