42 U.S.C. § 9617 : US Code - Section 9617: Public participation

Search 42 U.S.C. § 9617 : US Code - Section 9617: Public participation

(a) Proposed plan
Before adoption of any plan for remedial action to be undertaken
by the President, by a State, or by any other person, under section
9604, 9606, 9620, or 9622 of this title, the President or State, as
appropriate, shall take both of the following actions:
(1) Publish a notice and brief analysis of the proposed plan
and make such plan available to the public.
(2) Provide a reasonable opportunity for submission of written
and oral comments and an opportunity for a public meeting at or
near the facility at issue regarding the proposed plan and
regarding any proposed findings under section 9621(d)(4) of this
title (relating to cleanup standards). The President or the State
shall keep a transcript of the meeting and make such transcript
available to the public.
The notice and analysis published under paragraph (1) shall include
sufficient information as may be necessary to provide a reasonable
explanation of the proposed plan and alternative proposals
considered.
(b) Final plan
Notice of the final remedial action plan adopted shall be
published and the plan shall be made available to the public before
commencement of any remedial action. Such final plan shall be
accompanied by a discussion of any significant changes (and the
reasons for such changes) in the proposed plan and a response to
each of the significant comments, criticisms, and new data
submitted in written or oral presentations under subsection (a) of
this section.
(c) Explanation of differences
After adoption of a final remedial action plan -
(1) if any remedial action is taken,
(2) if any enforcement action under section 9606 of this title
is taken, or
(3) if any settlement or consent decree under section 9606 of
this title or section 9622 of this title is entered into,
and if such action, settlement, or decree differs in any
significant respects from the final plan, the President or the
State shall publish an explanation of the significant differences
and the reasons such changes were made.
(d) Publication
For the purposes of this section, publication shall include, at a
minimum, publication in a major local newspaper of general
circulation. In addition, each item developed, received, published,
or made available to the public under this section shall be
available for public inspection and copying at or near the facility
at issue.
(e) Grants for technical assistance
(1) Authority
Subject to such amounts as are provided in appropriations Acts
and in accordance with rules promulgated by the President, the
President may make grants available to any group of individuals
which may be affected by a release or threatened release at any
facility which is listed on the National Priorities List under
the National Contingency Plan. Such grants may be used to obtain
technical assistance in interpreting information with regard to
the nature of the hazard, remedial investigation and feasibility
study, record of decision, remedial design, selection and
construction of remedial action, operation and maintenance, or
removal action at such facility.
(2) Amount
The amount of any grant under this subsection may not exceed
$50,000 for a single grant recipient. The President may waive the
$50,000 limitation in any case where such waiver is necessary to
carry out the purposes of this subsection. Each grant recipient
shall be required, as a condition of the grant, to contribute at
least 20 percent of the total of costs of the technical
assistance for which such grant is made. The President may waive
the 20 percent contribution requirement if the grant recipient
demonstrates financial need and such waiver is necessary to
facilitate public participation in the selection of remedial
action at the facility. Not more than one grant may be made under
this subsection with respect to a single facility, but the grant
may be renewed to facilitate public participation at all stages
of remedial action.