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42 U.S.C. § 6992e — Federal facilities

submitted 38 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 436 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal departments, agencies, and instrumentalities in demonstration States must follow medical-waste requirements like private persons do. The President may grant limited executive-branch exemptions and must report them.

(a) Each Federal executive, legislative, or judicial department, agency, or instrumentality in a demonstration State that controls a medical-waste facility or engages in activity causing or potentially causing medical-waste disposal, management, or handling must comply with all Federal, State, interstate, and local substantive and procedural requirements in the same manner and to the same extent as any person. This includes permits, reports, injunctions, court sanctions, reasonable service charges, administrative orders, civil, criminal, and administrative penalties, fines, and imprisonment. The United States and its agents, employees, and officers are not immune from State or Federal court process or sanctions enforcing those requirements. The United States expressly waives immunity otherwise applicable to enforcement. The President may exempt an executive-branch department, agency, or instrumentality when the President finds the exemption in the paramount interest of the United States. Lack of an appropriation is not enough unless the President specifically requested it in the budget process and Congress failed to provide it. An exemption may last no more than 1 year and may be renewed for no more than 1 year after a new determination. Each January the President must report all prior-year exemptions and the reasons to Congress.

(b) For this chapter, “person” includes every United States department, agency, and instrumentality.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 89–272, title II, § 11006, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2954.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 89-272 · 102 Stat. 2954

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1988-11-01.

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