Page:United States Statutes at Large Volume 100 Part 2.djvu/519

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1621

quantities of hazardous substances not known at the time of entry into the original contract. The total cost of interim actions undertaken at a facility pursuant to this paragraph shall not exceed $2,000,000.". (k) SITING.—Section 104(c) of CERCLA is amended by adding the following new paragraph after paragraph (8): "(9) SITING.—Effective 3 years after the enactment of the Contracts. Superfund Amendments and Reauthorization Act of 1986, the President shall not provide any remedial actions pursuant to this section unless the State in which the release occurs first enters into a contract or cooperative agreement with the President providing assurances deemed adequate by the President that the State will assure the availability of hazardous waste treatment or disposal facilities which— "(A) have adequate capacity for the destruction, treatment, or secure disposition of all hazardous wastes that are reasonably expected to be generated within the State during the 20-year period following the date of such contract or cooperative agreement and to be disposed of, treated, or destroyed, "(B) are within the State or outside the State in accordance with an interstate agreement or regional agreement or r authority, .'ti; s, "(C) are acceptable to the President, and s "(D) are in compliance with the requirements of subtitle C of the Solid Waste Disposal Act.". 42 USC 6921. (1) COOPERATIVE AGREEMENTS WITH STATES.—Section 104(d)(1) of

CERCLA is amended to read as follows: "(1) COOPERATIVE AGREEMENTS.—

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"(A) STATE APPLICATIONS.—A State or political subdivision thereof or Indian tribe may apply to the President to carry out actions authorized in this section. If the President determines Indians. that the State or political subdivision or Indian tribe has the capability to carry out any or all of such actions in accordance with the criteria and priorities established pursuant to section 105(a)(8) and to carry out related enforcement actions, the 42 USC 9605. President may enter into a contract or cooperative agreement with the State or political subdivision or Indian tribe to carry out such actions. The President shall make a determination regarding such an application within 90 days after the President receives the application. "(B) TERMS AND CONDITIONS.—A contract or cooperative agreement under this paragraph shall be subject to such terms and conditions as the President may prescribe. The contract or „^..^ cooperative agreement may cover a specific facility or specific jfacilities. "(C) REIMBURSEMENTS.—Any State which expended funds during the period beginning September 30, 1985, and ending on the date of the enactment of this subparagraph for response actions at any site included on the National Priorities List and subject to a cooperative agreement under this Act shall be reimbursed for the share of costs of such actions for which the Federal Government is responsible under this Act.". (m) INFORMATION GATHERING AND ACCESS AUTHORITIES.—Section

104(e) of CERCLA is amended by redesignating paragraph (2) as paragraph (7) and aligning the margin of such paragraph with paragraphs (1) through (6) of such subsection, by inserting "CoNFIDENTIAUTY OF INFORMATION.—" before "(A) Any records", by strik-

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