Page:United States Statutes at Large Volume 100 Part 2.djvu/549

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1651

"(1) ADMINISTRATIVE RECORD.—The President shall establish Public an administrative record upon which the President shall base information. the selection of a response action. The administrative record shall be available to the public at or near the facility at issue. The President also may place duplicates of the administrative record at any other location. "* "(2) PARTICIPATION PROCEDURES.— "(A) REMOVAL ACTION.—The President

shall promulgate regulations in accordance with chapter 5 of title 5 of the United States Code establishing procedures for the appropriate participation of interested persons in the development of the administrative record on which the President will base the selection of removal actions and on which judicial review of removal actions will be based. . "(B) REMEDIAL ACTION.—The President shall provide for the participation of interested persons, including potentially responsible parties, in the development of the administrative record on which the President will base the f*: > selection of remedial actions and on which judicial review of remedial actions will be based. The procedures developed under this subparagraph shall include, at a minimum, each of the following: "(i) Notice to potentially affected persons and the public, which shall be accompanied by a brief analysis of the plan and alternative plans that were considered. • "(ii) A reasonable opportunity to comment and provide information regarding the plan. "(iii) An opportunity for a public meeting in the Eiffected area, in accordance with section 117(a)(2) (relating to public participation). "(iv) A response to each of the significant comments, criticisms, and new data submitted in written or oral /.Bi presentations. "(v) A statement of the basis and purpose of the selected action. For purposes of this subparagraph, the administrative record shall include all items developed and received under this subparagraph and all items described in the second i sentence of section 117(d). The President shall promulgate regulations in accordance with chapter 5 of title 5 of the United States (Dode to carry out the requirements of this subparagraph. "(C) INTERIM RECORD.—Until such regulations under subparagraphs (A) and (B) are promulgated, the administrative record shall consist of all items developed and received pursuant to current procedures for selection of the response action, including procedures for the participation of interested parties and the public. The development of an administrative record and the selection of response action under this Act shall not include an adjudicatory hearing. "(D)

POTENTIALLY RESPONSIBLE PARTIES.—The President


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shall make reasonable efforts to identify and notify potentially responsible parties as early as possible before selection of a response action. Nothing in this paragraph shall be construed to be a defense to liability. "(1) NOTICE OF ACTIONS.—Whenever any action is brought under this Act in a court of the United States by a plaintiff other than the

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19: QL. 3 Part 2

Regulations. 5 USC 500 et seq.



Regulations. 5 USC 500 et seq.

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