Sec. 106. abatement action
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/statute-compilations/comps-886/sec-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 106 abatement action ###
(a)In addition to any other action taken by a State or local government, when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility, he may require the Attorney General of the United States to secure such relief as may be necessary to abate such danger or threat, and the district court of the United States in the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. The President may also, after notice to the affected State, take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and welfare and the environment. ###
(b)####
(1)Any person who, without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the President under subsection
(a)may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $25,000 for each day in which such violation occurs or such failure to comply continues. ####
(2)#####
(A)Any person who receives and complies with the terms of any order issued under subsection
(a)may, within 60 days after completion of the required action, petition the President for reimbursement from the Fund for the reasonable costs of such action, plus interest. Any interest payable under this paragraph shall accrue on the amounts expended from the date of expenditure at the same rate as specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1954. #####
(B)If the President refuses to grant all or part of a petition made under this paragraph, the petitioner may within 30 days of receipt of such refusal file an action against the President in the appropriate United States district court seeking reimbursement from the Fund. #####
(C)Except as provided in subparagraph (D), to obtain reimbursement, the petitioner shall establish by a preponderance of the evidence that it is not liable for response costs under section 107(a) and that costs for which it seeks reimbursement are reasonable in light of the action required by the relevant order. #####
(D)A petitioner who is liable for response costs under section 107(a) may also recover its reasonable costs of response to the extent that it can demonstrate, on the administrative record, that the President's decision in selecting the response action ordered was arbitrary and capricious or was otherwise not in accordance with law. Reimbursement awarded under this subparagraph shall include all reasonable response costs incurred by the petitioner pursuant to the portions of the order found to be arbitrary and capricious or otherwise not in accordance with law. #####
(E)Reimbursement awarded by a court under subparagraph
(C)or
(D)may include appropriate costs, fees, and other expenses in accordance with subsections
(a)and
(d)of section 2412 of title 28 of the United States Code. ###
(c)Within one hundred and eighty days after enactment of this Act, the Administrator of the Environmental Protection Agency shall, after consultation with the Attorney General, establish and publish guidelines for using the imminent hazard, enforcement, and emergency response authorities of this section and other existing statutes administered by the Administrator of the Environmental Protection Agency to effectuate the responsibilities and powers created by this Act. Such guidelines shall to the extent practicable be consistent with the national hazardous substance response plan, and shall include, at a minimum, the assignment of responsibility for coordinating response actions with the issuance of administrative orders, enforcement of standards and permits, the gathering of information, and other imminent hazard and emergency powers authorized by
(1)sections 311(c)(2),14 308, 309, and 504(a) of the Federal Water Pollution Control Act,
(2)sections 3007, 3008, 3013, and 7003 of the Solid Waste Disposal Act,
(3)sections 1445 and 1431 of the Safe Drinking Water Act,
(4)sections 113, 114, and 303 of the Clean Air Act, and
(5)section 7 of the Toxic Substances Control Act. 14See footnote 1 under section 105(a). **[**[42 U.S.C. 9606](/us/usc/t42/s9606)**]**
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