Page:United States Statutes at Large Volume 100 Part 2.djvu/576

 100 STAT. 1678

42 USC 9621 note.

PUBLIC LAW 99-499—OCT. 17, 1986

dence. Such action shall be brought in the United States district '^ court for the district in which the facility is located. "(ii) If the State establishes, on the administrative record, that the President's finding is not supported by substantial evidence, the remedial action shall be modified to conform to ^" such standard, requirement, criteria, or limitation, i "(iii) If the State fails to establish that the President's finding was not supported by substantial evidence and if the State pays, within 60 days of judgment, the additional costs attributable to meeting such standard, requirement, criteria, or limitation, the remedial action shall be selected to meet such standard, requiref ment, criteria, or limitation. If the State fails to pay within 60 ^ days, the remedial action selected by the President shall proceed through completion. "(C) Nothing in this section precludes, and the court shall not enjoin, the Federal agency from taking any remedial action unrelated to or not inconsistent with such standard, requirement, criteria, or limitation.". (b) EFFECTIVE DATE.—With respect to section 121 of CERCLA, as added by this section— t (1) The requirements of section 121 of CERCLA shall not apply to any remedial action for which the Record of Decision ,i (hereinafter in this section referred to as the "ROD") was ii signed, or the consent decree was lodged, before date of enact,} ment. i (2) If the ROD was signed, or the consent decree lodged, within the 30-day period immediately following enactment of t > the Act, the Administrator shall certify in writing that the portion of the remedial action covered by the ROD or consent decree complies to the maximum extent practicable with section 121 of CERCLA. Any ROD signed before enactment of this Act and reopened after enactment of this Act to modify or supplement the selection of remedy shall be subject to the requirements of section 121 of CERCLA. SEC. 122. SETTLEMENTS.

(a) N E W SECTION.—Title I of CERCLA is amended by adding the following new section after section 121: President of U.S. 42 USC 9622.

Ante, p. 1618.

"SEC. 122. SETTLEMENTS.

I

"(a) AUTHORITY To ENTER INTO AGREEMENTS.—The President, in his discretion, may enter into an agreement with any person (including the owner or operator of the facility from which a release or substantial threat of release emanates, or any other potentially responsible person), to perform any response action (including any action described in section 104(b)) if the President determines that such action will be done properly by such person. Whenever practicable and in the public interest, as determined by the President, the President shall act to facilitate agreements under this section that are in the public interest and consistent with the National Contingency Plan in order to expedite effective remedial actions and minimize litigation. If the President decides not to use the procedures in this section, the President shall notify in writing potentially responsible parties at the facility of such decision and the reasons why use of the procedures is inappropriate. A decision of the

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