42 U.S.C. § 6991f : US Code - Section 6991F: Federal facilities

Search 42 U.S.C. § 6991f : US Code - Section 6991F: Federal facilities

(a) In general
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any underground storage tank or
underground storage tank system, or (2) engaged in any activity
resulting, or which may result, in the installation, operation,
management, or closure of any underground storage tank, release
response activities related thereto, or in the delivery,
acceptance, or deposit of any regulated substance to an underground
storage tank or underground storage tank system shall be subject
to, and comply with, all Federal, State, interstate, and local
requirements, both substantive and procedural (including any
requirement for permits or reporting or any provisions for
injunctive relief and such sanctions as may be imposed by a court
to enforce such relief), respecting underground storage tanks in
the same manner, and to the same extent, as any person is subject
to such requirements, including the payment of reasonable service
charges. The Federal, State, interstate, and local substantive and
procedural requirements referred to in this subsection include, but
are not limited to, all administrative orders and all civil and
administrative penalties and fines, regardless of whether such
penalties or fines are punitive or coercive in nature or are
imposed for isolated, intermittent, or continuing violations. The
United States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not limited
to, any injunctive relief, administrative order or civil or
administrative penalty or fine referred to in the preceding
sentence, or reasonable service charge). The reasonable service
charges referred to in this subsection include, but are not limited
to, fees or charges assessed in connection with the processing and
issuance of permits, renewal of permits, amendments to permits,
review of plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal, State,
interstate, or local underground storage tank regulatory program.
Neither the United States, nor any agent, employee, or officer
thereof, shall be immune or exempt from any process or sanction of
any State or Federal Court with respect to the enforcement of any
such injunctive relief. No agent, employee, or officer of the
United States shall be personally liable for any civil penalty
under any Federal, State, interstate, or local law concerning
underground storage tanks with respect to any act or omission
within the scope of the official duties of the agent, employee, or
officer. An agent, employee, or officer of the United States shall
be subject to any criminal sanction (including, but not limited to,
any fine or imprisonment) under any Federal or State law concerning
underground storage tanks, but no department, agency, or
instrumentality of the executive, legislative, or judicial branch
of the Federal Government shall be subject to any such sanction.
The President may exempt any underground storage tank of any
department, agency, or instrumentality in the executive branch from
compliance with such a requirement if he determines it to be in the
paramount interest of the United States to do so. No such exemption
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of
the budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for
a period not in excess of 1 year, but additional exemptions may be
granted for periods not to exceed 1 year upon the President's
making a new determination. The President shall report each January
to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with
his reason for granting each such exemption.
(b) Review of and report on Federal underground storage tanks
(1) Review
Not later than 12 months after August 8, 2005, each Federal
agency that owns or operates one or more underground storage
tanks, or that manages land on which one or more underground
storage tanks are located, shall submit to the Administrator, the
Committee on Energy and Commerce of the United States House of
Representatives, and the Committee on the Environment and Public
Works of the Senate a compliance strategy report that -
(A) lists the location and owner of each underground storage
tank described in this paragraph;
(B) lists all tanks that are not in compliance with this
subchapter that are owned or operated by the Federal agency;
(C) specifies the date of the last inspection by a State or
Federal inspector of each underground storage tank owned or
operated by the agency;
(D) lists each violation of this subchapter respecting any
underground storage tank owned or operated by the agency;
(E) describes the operator training that has been provided to
the operator and other persons having primary daily on-site
management responsibility for the operation and maintenance of
underground storage tanks owned or operated by the agency; and
(F) describes the actions that have been and will be taken to
ensure compliance for each underground storage tank identified
under subparagraph (B).
(2) Not a safe harbor
This subsection does not relieve any person from any obligation
or requirement under this subchapter.