Page:United States Statutes at Large Volume 100 Part 2.djvu/578

 100 STAT. 1680

42 USC 9606, 9607.

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PUBLIC LAW 99-499—OCT. 17, 1986

^« posal under subsection (e)(2)(B) has expired. Nothing in this '• section shall be construed to affect either of the following: "(A) The liability of any person under section 106 or 107 with respect to any costs or damages which are not included in the agreement. \"(B) The authority of the President to maintain an action under this Act against any person who is not a party to the agreement. "(d) ENFORCEMENT.— M "(1) CLEANUP AGREEMENTS.— c "(A) CONSENT DECREE.—Whenever the President enters

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into an agreement under this section with any potentially responsible party with respect to remedial action under section 106, following approval of the agreement by the Attorney General, except as otherwise provided in the case of certain administrative settlements referred to in subsection (g), the agreement shall be entered in the appropriate United States district court as a consent decree. The President need not make any finding regarding an imminent and substantial endangerment to the public health or the environment in connection with any such agreement or consent decree. "(B) EFFECT.—The entry of any consent decree under this subsection shall not be construed to be an acknowledgment by the parties that the release or threatened release concerned constitutes an imminent and substantial endangerment to the public health or welfare or the environment. Except as otherwise provided in the Federal Rules of Evidence, the participation by any party in the process under this section shall not be considered an admission of liability for any purpose, and the fact of such participation shall not be admissible in any judicial or administrative proceeding, including a subsequent proceeding under this section. "(C) STRUCTURE.—The President may fashion a consent decree so that the entering of such decree and compliance with such decree or with any determination or agreement made pursuant to this section shall not be considered an admission of liability for any purpose. "(2) PUBLIC PARTICIPATION.— "(A) FiliNG OF PROPOSED JUDGMENT.—At least 30 days before a final judgment is entered under paragraph (1), the proposed judgment shall be filed with the court. "(B) OPPORTUNITY FOR COMMENT.—The Attorney General

shall provide an opportunity to persons who are not named as parties to the action to comment on the proposed judgment before its entry by the court as a final judgment. The Attorney General shall consider, and file with the court, ^' any written comments, views, or allegations relating to the proposed judgment. The Attorney General may withdraw '^ or withhold its consent to the proposed judgment if the comments, views, and allegations concerning the judgment disclose facts or considerations which indicate that 8 the proposed judgment is inappropriate, improper, or inadequate. 3ix)e Oc'j Si i "(3) 104(b) AGREEMENTS.—Whenever the President enters into an £^eement under this section with any potentially respon-

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