Page:United States Statutes at Large Volume 100 Part 2.djvu/518

 100 STAT. 1620

PUBLIC LAW 99-499—OCT. 17, 1986

! by the State or a political subdivision thereof after January 1, " 1978, and before December 11, 1980, for cost-eligible response actions and claims for damages compensable under section 111. 

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Contracts.

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"(D) STATE EXPENSES AFTER DECEMBER i i, 1980, I N EXCESS O F lo PERCENT OF COSTS.—The credit under this paragraph shall in-

elude 90 percent of State expenses incurred at a facility owned, but not operated, by such State or by a political subdivision -/ thereof. Such credit applies only to expenses incurred pursuant to a contract or cooperative agreement under subsection (d) and only to expenses incurred after December 11, 1980, but before the date of the enactment of this paragraph. "(E) ITEM-BY-ITEM APPROVAL.—In the case of expenditures made after the date of the enactment of this paragraph, the President may require prior approval of each item of expenditure as a condition of granting a credit under this paragraph. fo "(F) USE OF CREDITS.—Credits granted under this paragraph State to reduce all or part of the share of costs otherwise required to be paid by the State under paragraph (3) in connec* tion with remedial actions at such facility. If the amount of funds for which credit is allowed under this paragraph exceeds V such share of costs for such facility, the State may use the ^ amount of such excess to reduce all or part of the share of such ^-' costs at other facilities in that State. A credit shall not entitle the State to any direct payment.". (i) TREATMENT OF CERTAIN ACTIVITIES AS MAINTENANCE OR REMEDIAL ACTION.—Section 104(c) of CERCLA is amended by adding
 * for funds expended with respect to a facility may be used by the

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the following new paragraphs after paragraph (5): "(6) OPERATION AND MAINTENANCE.—For the purposes of paragraph (3) of this subsection, in the case of ground or surface water contamination, completed remedial action includes the completion Qf treatment or other measures, whether taken onsite or offsite, necessary to restore ground and surface water quality to a level that assures protection of human health and the environment. With respect to such measures, the operation of such measures for a period of up to 10 years after the construction or installation and commencement of operation shall be considered remedial action. Activities required to maintain the effectiveness of such measures following such period or the completion of remedial action, whichever is earlier, shall be considered operation or maintenance. "(7) LIMITATION ON SOURCE OF FUNDS FOR O&M.—During

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period after the availability of funds received by the Hazardous Substance Superfund established under subchapter A of chapter 98 26 USC 9501. of the Internal Revenue Code of 1954 from tax revenues or appropriations from general revenues, the Federal share of the payment of the cost of operation or maintenance pursuant to paragraph (3)(C)(i) or paragraph (6) of this subsection (relating to operation and maintenance) shall be from funds received by the Hazardous Substance Superfund from amounts recovered on behalf of such fund under this Act.". 0) RECONTRACTING.—Section 104(c) of CERCLA is amended by adding the following new paragraph after paragraph (7): "(8) RECONTRACTING.—The President is authorized to undertake or continue whatever interim remedial actions the President determines to be appropriate to reduce risks to public health or the .miiMi'j environment where the performance of a complete remedial action requires recontracting because of the discovery of sources, types, or

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