Page:United States Statutes at Large Volume 98 Part 2.djvu/360

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1520

PUBLIC LAW 98-407—AUG. 28, 1984 STORAGE AND DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS

SEC. 805. (a) Chapter 159 of title 10, United States Code, is amended by adding after section 2691 (as added by section 804) the following new section: 10 USC 2692.

Regulations.

"§2692. Storage and disposal of nondefense toxic and hazardous materials "(a)(1) Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage or disposal of any material that is a toxic or hazardous material and that is not owned by the Department of Defense. "(2) The Secretary of Defense shall define by r ^ u l a t i o n what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of that Act (42 U.S.C. 9602) and shall mclude materials that are of an explosive, flammable, or pjrrotechnic nature. "(b) Subsection (a) does not apply to— "(1) the storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services; "(2) the temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal law enforcement in storing or (^posing of explosives when no alternative solution is avsulable, i[ such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal agency concerned; "(3) the temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities; "(4) the disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements; "(5) the temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy; "(6) the storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations; and "(7) the temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency. "(c) The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the excep-