42 U.S.C. § 6992e : US Code - Section 6992E: Federal facilities

Search 42 U.S.C. § 6992e : US Code - Section 6992E: Federal facilities

(a) In general
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government in a
demonstration State (1) having jurisdiction over any solid waste
management facility or disposal site at which medical waste is
disposed of or otherwise handled, or (2) engaged in any activity
resulting, or which may result, in the disposal, management, or
handling of medical waste 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 control and abatement of medical waste disposal and
management 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, civil, criminal, and administrative penalties, and other
sanctions, including injunctive relief, fines, and imprisonment.
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 order, penalty, or other sanction. For purposes of enforcing
any such substantive or procedural requirement (including, but not
limited to, any injunctive relief, administrative order, or civil,
criminal, administrative penalty, or other sanction), against any
such department, agency, or instrumentality, the United States
hereby expressly waives any immunity otherwise applicable to the
United States. The President may exempt 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 one year, but additional exemptions may
be granted for periods not to exceed one 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) "Person" defined
For purposes of this chapter, the term "person" shall be treated
as including each department, agency, and instrumentality of the
United States.
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