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14 U.S.C. § 335 — Environmental Compliance and Restoration Program

submitted 8 years ago by Pub. L. 115-282 to r/title-14-COAST-GUARD · 744 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Coast Guard must run a program to clean up pollution at its facilities. It must find, investigate, and fix contamination, and prevent new pollution. Recovered and appropriated money goes into a special account, and Congress gets a yearly project list.

(a) Definitions. This section borrows key terms — "environment," "facility," "person," "release," "removal," "remedial," and "response" — from the federal Superfund law (CERCLA). It also borrows the term "hazardous substance" from that same law, but adds that "hazardous substance" also includes anything called "oil" under the Clean Water Act. And it borrows the term "pollutant" from the Clean Water Act too.

(b) Program. The Secretary must run a program to clean up and prevent environmental contamination at current and former Coast Guard facilities. The program's goals are to: (A) find, investigate, and clean up contamination from hazardous substances and pollutants; (B) fix other environmental damage that seriously threatens public health, welfare, or the environment; (C) tear down and remove unsafe buildings, including at former Coast Guard sites; and (D) prevent new contamination at current facilities.

The Secretary must respond to releases of hazardous substances or pollutants at every Coast Guard facility the U.S. owns, leases, or otherwise controls now, or owned in the past when the contamination happened, and on every vessel the Coast Guard owns or runs. This duty doesn't apply when a different responsible party is already handling the cleanup under the Superfund law's section 122. The Secretary must pay any state permit fee for disposing of hazardous substances or pollutants from Coast Guard sites, just as private companies must — except when a lessee, contractor, or other private party is responsible for that payment instead.

The Secretary may team up with other federal agencies, and may sign contracts, cooperative agreements, or grants with state and local governments, to help carry out this cleanup work — including cleaning up contamination that spread off-site from a Coast Guard facility. Contractors who carry out response actions under this section get the same protections as under Superfund section 119, and the Coast Guard must cover a contractor's reasonable long-term liability with indemnification if the contractor can't get affordable insurance for it.

(c) Amounts Recovered for Response Actions. Money Congress appropriates for this cleanup work is credited or transferred into a special Coast Guard account chosen by the Commandant, and stays available until spent. That account's money may be used for this section's cleanup work. When the President submits the federal budget each year, the request must separately list the amount asked for Coast Guard environmental cleanup work. And any money the Secretary recovers from responsible parties under Superfund section 107 goes into that same special account.

(d) Annual List of Projects to Congress. Each year, when the President submits the budget, the Commandant must also send Congress — specifically the House Transportation and Infrastructure Committee and the Senate Commerce, Science, and Transportation Committee — a ranked list of cleanup projects that qualify for funding that year.

the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

For the purposes of this section—

(1)

“environment”, “facility”, “person”, “release”, “removal”, “remedial”, and “response” have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601);

(2)

“hazardous substance” has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given “oil” in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and

(3)

“pollutant” has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

(b)Program.—
(1)

The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities.

(2)

Program goals include:

(A)

Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants.

(B)

Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment.

(C)

Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities.

(D)

Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities.

(3)
(A)

The Secretary shall respond to releases of hazardous substances and pollutants—

(i)

at each Coast Guard facility the United States owns, leases, or otherwise possesses;

(ii)

at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and

(iii)

on each vessel the Coast Guard owns or operates.

(B)

Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622).

(C)

The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person.

(4)

The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary’s responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary’s responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility.

(5)

Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor’s reasonable, potential, long-term liability.

(c)Amounts Recovered for Response Actions.—
(1)

All sums appropriated to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law shall be credited or transferred to an appropriate Coast Guard account, as determined by the Commandant and remain available until expended.

(2)

Funds may be obligated or expended from such account to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law.

(3)

In proposing the budget for any fiscal year under section 1105 of title 31, the President shall set forth separately the amount requested for the Coast Guard’s environmental compliance and restoration activities under this section or another law.

(4)

Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary’s response actions at current and former Coast Guard facilities shall be credited to an appropriate Coast Guard account, as determined by the Commandant.

(d)Annual List of Projects to Congress.—

The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the President’s budget submission for that fiscal year.

Source credit: (Added Pub. L. 115–282, title I, § 104(c)(1)(B), Dec. 4, 2018, 132 Stat. 4198, § 318; renumbered § 335, Pub. L. 119–60, div. G, title LXXII, § 7201(b), Dec. 18, 2025, 139 Stat. 1675.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-282 · 132 Stat. 4198
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1675

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.

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