Page:United States Statutes at Large Volume 98 Part 3.djvu/899

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3271

Environmental Response, Compensation and Liability Act of 1980 and is diligently proceeding with a remedial action under that Act. "(D) No action may be commenced under subsection (a)(1)(B) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or a disposal facility, nor to restrain or enjoin the issuance of a permit for such facility. "(E) In any action under subsection (a)(l)(B) in a court of the United States, any person may intervene as a matter of right when the applicant claims an interest relating to the subject of the action and he is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest, unless the Administrator or the State shows that the applicant's interest is adequately represented by existing parties. "(F) Whenever any action is brought under subsection (a)(l)(B) in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and virith the Administrator.". (e) Section 7002(e) of the Solid Waste Disposal Act is amended by striking out "to any party" and substituting in lieu thereof "to the prevailing or substantially prevailing party" and inserting "or section 7006" after "this section".

42 USC 9604.

42 USC 6972.

IMMINENT HAZARD

SEC. 402. Section 7003(a) of the Solid Waste Disposal Act is amended by(1) inserting "past or present" after "evidence that the"; (2) striking "to immediately restrain any person" and inserting in lieu thereof "against any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility) who has contributed or who is"; (3) striking "to stop" and inserting in lieu thereof "to restrain such person from"; (4) striking "or to take such other action as may be necessary" and substituting ", to order such person to take such other action as may be necessary, or both"; and (5) inserting after the first sentence thereof the following: "A transporter shall not be deemed to have contributed or to be contributing to such handling, storage, treatment, or disp3sal taking place after such solid waste or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractural arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste.".

42 USC 6973.

ENFORCEMENT

SEC. 403. (a) Section 7003 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection O> t) thereof: "(c) IMMEDIATE NOTICE.—Upon receipt of information that there is hazardous waste at any site which has presented an imminent and

42 USC 6973.