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U.S. Code as of:
01/19/04
Section 6961. Application of Federal, State, and local law to 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 solid waste management facility or
disposal site, or (2) engaged in any activity resulting, or which
may result, in the disposal or management of solid waste or
hazardous 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 solid waste or hazardous 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 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 solid waste or hazardous waste
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 solid
or hazardous waste law 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 solid or
hazardous waste law, 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 solid waste management facility 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 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) Administrative enforcement actions
(1) The Administrator may commence an administrative enforcement
action against any department, agency, or instrumentality of the
executive, legislative, or judicial branch of the Federal
Government pursuant to the enforcement authorities contained in
this chapter. The Administrator shall initiate an administrative
enforcement action against such a department, agency, or
instrumentality in the same manner and under the same circumstances
as an action would be initiated against another person. Any
voluntary resolution or settlement of such an action shall be set
forth in a consent order.
(2) No administrative order issued to such a department, agency,
or instrumentality shall become final until such department,
agency, or instrumentality has had the opportunity to confer with
the Administrator.
(c) Limitation on State use of funds collected from Federal
Government
Unless a State law in effect on October 6, 1992, or a State
constitution requires the funds to be used in a different manner,
all funds collected by a State from the Federal Government from
penalties and fines imposed for violation of any substantive or
procedural requirement referred to in subsection (a) of this
section shall be used by the State only for projects designed to
improve or protect the environment or to defray the costs of
environmental protection or enforcement.
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