Page:United States Statutes at Large Volume 102 Part 3.djvu/1003

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-582—NOV. 1, 1988

102 STAT. 2955

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 President of U.S. January to the Congress all exemptions from the requirements of Reports. this section granted during the preceding calendar year, together with his reason for granting each such exemption. "(b) DEFINITION OF PERSON.—For purposes of this Act, the term 'person' shall be treated as including each department, agency, and instrumentality of the United States. "SEC. 11007. RELATIONSHIP TO STATE LAW.

"(a) STATE INSPECTIONS AND ENFORCEMENT.—A State may conduct inspections under 11004 and take enforcement actions under section 11005 against any person, including any person who has imported medical waste into a State in violation of the requirements of, or r ^ u l a t i o n s under, this subtitle, to the same extent as the Administrator. At the time a State initiates an enforcement action under section 11005 against any person, the State shall notify the Administrator in writing. "(b) RETENTION OF STATE AUTHORITY.—Nothing in this subtitle shall— "(1) preempt any State or local law; or "(2) except as provided in subsection (c), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law. "(c) STATE FORMS.—Any State or local law which requires submission of a tracking form from any person subject to this subtitle shall require that the form be identical in content and format to the form required under section 11003, except that a State may require the submission of other tracking information which is supplemental to the information required on the form required under section 11003 through additional sheets or such other means as the State deems appropriate.

42 USC 6992f.