16 U.S.C. § 460lll–46 — Compliance with environmental laws
submitted 28 years ago by Pub. L. 105-277 to r/title-16-CONSERVATION · 680 words · no verdicts yet
This law sets environmental cleanup duties when TVA transfers the Recreation Area to the Secretary. TVA's Chairman must document and fix pollution problems before the transfer. The Secretary is not liable for TVA's past pollution there.
(a) Documentation of existing conditions. (1) In general: Within 60 days after the land transfers, the Chairman* (of TVA) and the Administrator* must give the Secretary* all existing documents and information about the environmental condition of the land and water in the Recreation Area*. (2) Additional documentation: They must also share any new documentation and information as it becomes available, even after the initial 60 days.
(b) Action required. (1) Assessment: Within 120 days after the transfer, the Chairman must give the Secretary an assessment. It says what action, if any, environmental laws require on the Recreation Area property. (2) Memorandum of understanding: If the assessment finds that action is needed, the Secretary and the Chairman must sign a memorandum of understanding. It must (A) have the Chairman perform the required actions, and (B) set a schedule for finishing them quickly, to the Secretary's satisfaction.
(c) Documentation demonstrating action: When jurisdiction over the Recreation Area passes from TVA to the Secretary, the Chairman must give the Secretary documents proving that all legally required actions have been completed. This includes all cleanup ("response actions") required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) that are needed to protect human health and the environment from any hazardous substance*, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product (or its derivative) on the property.
(d) Continuation of responsibilities and liabilities. (1) In general: Transferring the property, and the requirements of this section, do not change TVA's responsibilities and liabilities under CERCLA or any other environmental law* at the Recreation Area. (2) Access: After the transfer, the Chairman must be allowed reasonable access to the property to carry out those responsibilities or satisfy that liability. (3) No liability: The Secretary is not liable under any environmental law for anything connected to TVA's past or present activities on the property. This includes: (A) the cost or performance of CERCLA response actions there; or (B) costs, penalties, fines, or actions related to violating any environmental law there, or related to the presence, release*, or threatened release of any hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product (including contamination that migrates there). (4) No effect on responsibilities or liabilities: Except for the "no liability" rule in paragraph (3), nothing in this subchapter changes the Secretary's responsibilities or liabilities under any environmental law.
(e) Other Federal agencies: Subject to the rest of this section, if another federal agency's operations at the Recreation Area released or threatened to release a hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product, and that agency would be liable under environmental law, that agency must pay for the related cleanup. It must also pay to remediate any petroleum products or their derivatives.
Not later than 60 days after the date of transfer pursuant to section 460lll–41 of this title, the Chairman* and the Administrator* shall provide the Secretary* all documentation and information that exists on the environmental condition of the land and waters comprising the Recreation Area* property.
The Chairman and the Administrator shall provide the Secretary with any additional documentation and information regarding the environmental condition of the Recreation Area property as such documentation and information becomes available.
Not later than 120 days after the date of transfer pursuant to section 460lll–41 of this title, the Chairman shall provide to the Secretary an assessment indicating what action, if any, is required under any environmental law* on Recreation Area property.
If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area property, the Secretary and the Chairman shall enter into a memorandum of understanding that—
provides for the performance by the Chairman of the required actions identified in the assessment; and
includes a schedule providing for the prompt completion of the required actions to the satisfaction of the Secretary.
On the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary, the Chairman shall provide the Secretary with documentation demonstrating that all actions required under any environmental law have been taken, including all response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that are necessary to protect human health and the environment with respect to any hazardous substance*, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on Recreation Area property.
The transfer of the Recreation Area property under this subchapter, and the requirements of this section, shall not in any way affect the responsibilities and liabilities of the Tennessee Valley Authority at the Recreation Area under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other environmental law.
After transfer of the Recreation Area property, the Chairman shall be accorded any access to the property that may be reasonably required to carry out the responsibility or satisfy the liability referred to in paragraph (1).
The Secretary shall not be liable under any environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on the Recreation Area property, including liability for—
costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related to the Recreation Area; or
costs, penalties, fines, or performance of actions related to noncompliance with any environmental law at or related to the Recreation Area or related to the presence, release*, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Recreation Area, including contamination resulting from migration.
Except as provided in paragraph (3), nothing in this subchapter affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under any environmental law with respect to the Secretary.
Subject to the other provisions of this section, a Federal agency that carried or carries out operations at the Recreation Area resulting in the release or threatened release of a hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product for which that agency would be liable under any environmental law shall pay the costs of related response actions and shall pay the costs of related actions to remediate petroleum products or their derivatives.
Source credit: (Pub. L. 105–277, div. A, § 101(e) [title V, § 546], Oct. 21, 1998, 112 Stat. 2681–231, 2681–320.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case