Page:United States Statutes at Large Volume 100 Part 2.djvu/517

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1619

releases under investigation pursuant to this section and shall seek to coordinate the assessments, investigations, and planning under this section with such Federal and State trustees.". (e) INITIAL OBLIGATION OF FUND.—

(1) LIMITATION.—Section 104(c)(1) of CERCLA is amended by 42 USC 9604. striking out "$1,000,000" and "six months" and inserting in lieu thereof "$2,000,000" and "12 months", respectively. (2) CONTINUED RESPONSE.—Section 104(c)(1) of CERCLA is amended by inserting before "obligations" the following: "or (C) continued response action is otherwise appropriate and consistent with the remedial action to be taken". (f) FACILITIES OWNED AND OPERATED BY STATES.—Paragraph (3) of
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section 104(c) of CERCLA is amended by striking out "(ii) at least" Post, p. 1705. and all that follows through the period at the end thereof and inserting !'(ii) 50 percent (or such greater amount as the President may determine appropriate, taking into account the degree of responsibility of the State or political subdivision for the release) of any sums expended in response to a release at a facility, that was operated by the State or a political subdivision thereof, either directly or through a contractual relationship or otherwise, at the time of any disposal of hazardous substances therein. For the purpose of clause (ii) of this subparagraph, the term 'facility' does not include navigable waters or the beds underlying those waters.". (g) CROSS REFERENCE TO CLEANUP STANDARDS.—Section 104(c)(4) of

CERCLA is amended to read as follows: "(4) SELECTION OF REMEDIAL ACTION.—The President shall select remedial actions to carry out this section in accordance with section 121 of this Act (relating to cleanup standards).". (h) STATE CREDITS.—Section 104(c) of CERCLA is amended by

adding the following new paragraph after paragraph (4): "(5) STATE CREDITS.— "(A) GRANTING OF CREDIT.—The President shall grant a State

Contracts,

a credit against the share of the costs, for which it is responsible under paragraph (3) with respect to a facility listed on the National Priorities List under the National Contingency Plan, ». for amounts expended by a State for remedial action at such facility pursuant to a contract or cooperative agreement with the President. The credit under this paragraph shall be limited to those State expenses which the President determines to be reasonable, documented, direct out-of-pocket expenditures of non-Federal funds. "(B) EXPENSES BEFORE LISTING OR AGREEMENT.—The credit under this paragraph shall include expenses for remedial action at a facility incurred before the listing of the facility on the National Priorities List or before a contract or cooperative agreement is entered into under subsection (d) for the facility if— "(i) after such expenses are incurred the facility is listed ,,^ on such list and a contract or cooperative agreement is entered into for the facility, and ^< ' ^ "(ii) the President determines that such expenses would have been credited to the State under subparagraph (A) had the expenditures been made after listing of the facility on such list and after the date on which such contract or cooperative agreement is entered into. "(C) RESPONSE ACTIONS BETWEEN 1978 AND 1980.—The credit Claims. under this paragraph shall include funds expended or obligated

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