Page:United States Statutes at Large Volume 100 Part 2.djvu/526

 100 STAT. 1628 Claims.

PUBLIC LAW 99-499—OCT. 17, 1986

SEC. 106. REIMBURSEMENT.

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Post, p. 1633.

Section 106(b) of CERCLA is amended as follows: (1) Insert "(D" after "(b)". 51' (2) Strike out "who willfully" and insert "who, without sufficient cause, willfully". (3) Add at the end thereof the following new paragraph: "(2)(A) Any person who receives and complies with the terms w uil^H -J of any order issued under subsection (a) may, within 60 days i, after completion of the required action, petition the President for reimbursement from the Fund for the reasonable costs of such action, plus interest. Any interest payable under this ff paragraph shall accrue on the amounts expended from the date .i3 of expenditure at the same rate as specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code 26 USC 9501. of 1954. "(B) If the President refuses to grant all or part of a petition
 * ,'," made under this paragraph, the petitioner may within 30 days

T;^ of receipt of such refusal file an action against the President in '** the appropriate United States district court seeking reimbursement from the Fund. "(C) Except as provided in subparagraph (D), to obtain reimbursement, the petitioner shall establish by a preponderance •m - J r t i; <?!. of the evidence that it is not liable for response costs under 42 USC 9607. section 107(a) and that costs for which it seeks reimbursement are reasonable in light of the action required by the relevant order. "(D) A petitioner who is liable for response costs under section 107(a) may also recover its reasonable costs of response to the extent that it can demonstrate, on the administrative record, that the President's decision in selecting the response action yl ordered was arbitrary and capricious or was otherwise not in accordance with law. Reimbursement awarded under this , 'i subparagraph shall include all reasonable response costs incurred by the petitioner pursuant to the portions of the order found to be arbitrary and capricious or otherwise not in accordance with law. "(E) Reimbursement awarded by a court under subparagraph (C) or (D) may include appropriate costs, fees, and other expenses in accordance with subsections (a) and (d) of section 2412 of title 28 of the United States Code.". 42 USC 9607.

SEC. 107. LIABILITY.

(a) FOREIGN VESSELS.—Section 107(a)(1) of CERCLA is amended by striking out "(otherwise subject to the jurisdiction of the United States)^'. Post, p. 1705.

Post, p. 1636.

(b) RECOVERABLE COSTS AND DAMAGES.—Section 107(a) of CERCLA

is amended by striking out "and" at the end of subparagraph (B), striking out the period at the end of subparagraph (C) and inserting "; and" and inserting at the end thereof the following: "(D) the costs of any health assessment or health effects study carried out under section 104(i). The amounts recoverable in an action under this section shall include interest on the amounts recoverable under subparagraphs (A) through (D). Such interest shall accrue from the later of (i) the date payment of a specified amount is demanded in writing, or (ii) the date of the expenditure concerned. The rate of interest on the

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