Page:United States Statutes at Large Volume 106 Part 2.djvu/625

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PUBLIC LAW 102-386—OCT. 6, 1992 106 STAT. 1505 Public Law 102-386 102d Congress An Act To amend the Solid Waste Disposal Act to clarify provisions concerning the application of certain requirements and sanctions to Federal facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—FEDERAL FACILITY COMPLIANCE ACT Oct. 6, 1992 [H.R. 2194] Environmental protection. Federal Facility Compliance Act of 1992. SEC. 101. SHORT TITLE. This title may be cited as the "Federal Facility Compliance Act of 1992". SEC. 102. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILI- TIES. (a) IN GENERAL. —Section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961) is amended— (1) by inserting "(a) IN GENERAL.— " after "6001."; (2) in the first sentence, by inserting "and management" before "in the same manner"; (3) by inserting after the first sentence the following: "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 injimctive 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."; and (4) by inserting after the second sentence the following: "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 42 USC 6901 note.