Page:United States Statutes at Large Volume 100 Part 2.djvu/574

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1676

PUBLIC LAW 99-499—OCT. 17, 1986

^ff. ation, and the availability of amounts from the Fund to respond to other sites which present or may present a threat to public health or welfare or the environment, taking into consideration the relative immediacy of such threats. The President shall publish such findings, together with an explaPublic information. nation and appropriate documentation. "(e) PERMITS AND ENFORCEMENT.—(1) No Federal, State, or local permit shall be required for the portion of any removal or remedial action conducted entirely onsite, where such remedial action is selected and carried out in compliance with this section. State and local "(2) A State may enforce any Federal or State standard, requiregovernments. ment, criteria, or limitation to which the remedial action is required to conform under this Act in the United States district court for the district in which the facility is located. Any consent decree shall require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with the appropriate Federal and State agencies. Where the parties agree, the consent decree may provide for administrative enforcement. Each consent decree shall also contain stipulated penalties for violations of the decree in an amount not to exceed $25,000 per day, which may be enforced by either the President or the State. Such stipulated penedties shall not be construed to impair or affect the authority of the court to order compliance with the specific terms of any such decree. "(f) STATE INVOLVEMENT.—(1) The President shall promulgate Regulations. State and local regulations providing for substantial and meaningful involvement governments. by each State in initiation, development, and selection of remedial actions to be undertaken in that State. The regulations, at a minimum, shall include each of the following: "(A) State involvement in decisions whether to perform a preliminary assessment and site inspection. "(B) Allocation of responsibility for hazard ranking system scoring. "(C) State concurrence in deleting sites from the National Priorities List. "(D) State participation in the long-term planning process for (' all remedial sites within the State. "(E) A reasonable opportunity for States to review and comment on each of the following: "(i) The remedial investigation and feasibility study and all data and technical documents leading to its issuance, "(ii) The planned remedial action identified in the remedial investigation and feasibility study. "(iii) The engineering design following selection of the final remedial action. "(iv) Other technical data and reports relating to implementation of the remedy. "(v) Any proposed finding or decision by the President to exercise the authority of subsection (d)(4). "(F) Notice to the State of negotiations with potentially responsible parties regarding the scope of any response action at a facility in the State and an opportunity to participate in such negotiations and, subject to paragraph (2), be a party to any settlement. .mm:>au SA (G) Notice to the State and an opportunity to comment or the President's proposed plan for remedial action as well as on alternative plans under consideration. The President's proposed