Page:United States Statutes at Large Volume 100 Part 2.djvu/592

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1694

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42 USC 6925.

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PUBLIC LAW 99-499—OCT. 17, 1986

" "(iii) Persons who are or seek to become owners and operators of hazardous waste disposal facilities will be able to manage their potential future liabilities and to attract the investment capital necessary to build, operate, and close such facilities in a manner which assures protection of human health and the environment. •:>^"(C) ASSESSMENTS.—The study under this paragraph shall include assessments of treatment, storage, and disposal facilities which have been or are likely to be issued a permit under section 3005 of the Solid Waste Disposal Act and the likelihood of future insolvency on the part of owners and operators of such facilities. Separate assessments shall be made for different classes of facilities and for different classes of land disposal facilities and shall include but not •^r. be limited to— "(i) the current and future financial capabilities of i',", f facility owners and operators; "(ii) the current and future costs associated with facilities, including the costs of routine monitoring and maintenance, compliance monitoring, corrective action, natural resource damages, and liabliity for damages to .! • > - third parties; and "(iii) the availabliity of mechanisms by which owners and operators of such facilities can assure that current and future costs, including post-closure costs, will be financed. "(D) I'ROCEDURES.—In carrying out the responsibilities of this paragraph, the Comptroller General shall consult with the Administrator, the Secretary of (Commerce, the Secretary of the Treasury, and the heads of other appropriate ' Federal agencies. "(E) CONSIDERATION OF OPTIONS.—In conducting the study

•' 42 USC 6901 note.

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42 USC 6921, 6991.

42 USC 9641. ^'

under this paragraph, the Comptroller General shall consider various mechanisms and combinations of mechanisms to complement the policies set forth in the Hazardous and Solid Waste Amendments of 1984 to serve the purposes set forth in subparagraph (B) and to assure that the current and future costs associated with hazardous waste facilities, including post-closure costs, will be adequately financed and, to the greatest extent possible, borne by the owners and operators of such facilities. Mechanisms to be considered include, but are not limited to ^ "(i) revisions to closure, post-closure, and financial responsibility requirements under subtitles C and I of the Solid Waste Disposal Act; "(ii) voluntary risk pooling by owners and operators; "(iii) legislation to require risk pooling by owners and operators; "(iv) modification of the Post-Closure Liability Trust P\md previously established by section 232 of this Act, and the conditions for transfer of liability under this subsection, including limiting the transfer of some or all liability under this subsection only in the case of insolvency of owners and operators; "(v) private insurance; "(vi) insurance provided by the Federal Government;