42 U.S.C. § 9606 : US Code - Section 9606: Abatement actions

Search 42 U.S.C. § 9606 : US Code - Section 9606: Abatement actions

(a) Maintenance, jurisdiction, etc.
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) Fines; reimbursement
(1) Any person who, without sufficient cause, willfully violates,
or fails or refuses to comply with, any order of the President
under subsection (a) of this section 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) of this section 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 title 26.
(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
9607(a) of this title 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
9607(a) of this title 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.
(c) Guidelines for using imminent hazard, enforcement, and
emergency response authorities; promulgation by Administrator of
EPA, scope, etc.
Within one hundred and eighty days after December 11, 1980, 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 chapter. 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 1321(c)(2),(!1) 1318, 1319, and
1364(a) of title 33, (2) sections 6927, 6928, 6934, and 6973 of
this title, (3) sections 300j-4 and 300i of this title, (4)
sections 7413, 7414, and 7603 of this title, and (5) section 2606
of title 15.