Page:United States Statutes at Large Volume 103 Part 2.djvu/590

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103 STAT. 1600 PUBLIC LAW 101-189—NOV. 29, 1989 tions on the removal, handling, storage, transportation, or dis- posal of hazardous waste. "(2) COMPENSATION. — A provision specifying that the contrac- tor shall be compensated under the contract for work performed by the contractor for duties of the contractor specified under paragraph (3). "(3) STATEMENT OF WORK. — A provision specifying the respon- sibilities of the Navy and of the contractor, respectively, for the removal (including the handling, storage, transportation, and disposal) of hazardous wastes. (4) ACCOUNTABHITY FOR HAZARDOUS WASTES. —(A) A provision specifying the following: "(i) In any case in which the Navy is the sole generator of hazardous waste that is removed, handled, stored, trans- ported, or disposed of by the contractor in the performance of the contract, all contracts, manifests, invoices, and other ( documents related to the removal, handling, storage, transportation, or disposal of such hazardous waste shall bear a generator identification number issued to the Navy pursuant to applicable law. "(ii) In any case in which the contractor is the sole generator of hazardous waste that is removed, handled, stored, transported, or disposed of by the contractor in the performance of the contract, all contracts, manifests, in- voices, and other documents related to the removal, han- dling, storage, transportation, or disposal of such hazardous waste shall bear a generator identification number issued to the contractor pursuant to applicable law. "(iii) In any case in which both the Navy and the contrac- tor are generators of hazardous waste that is removed, handled, stored, transported, or disposed of by the contrac- tor in the performance of the contract, all contracts, mani- fests, invoices, and other documents related to the removal, handling, storage, transportation, or disposal of such hazardous waste shall bear both a generator identification number issued to the Navy and a generator identification number issued to the contractor pursuant to applicable law. "(B) A determination under this paragraph of whether the Navy is a generator, a contractor is a generator, or both the Navy and a contractor are generators, shall be made in the same manner provided under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) and regulations promul- gated under that subtitle. "(b) RENEGOTIATION OF CONTRACT. —The Secretary of the Navy shall renegotiate a contract described in subsection (a) if— "(1) the contractor, during the performance of work under the contract, discovers hazardous wastes different in type or amount from those identified in the contract; and "(2) those hazardous wastes originated on, or resulted from material furnished by the Government for, the naval vessel on which the work is being performed. "(c) REMOVAL OF WASTES.—The Secretary of the Navy shall remove known hazardous wastes from a vessel before the vessel's arrival at a contractor's facility for performance of a contract, to the extent such removal is feasible. "(d) RELATIONSHIP TO SOLID WASTE DISPOSAL ACT.—Nothing in this section shall be construed as altering or otherwise affecting those