Page:United States Statutes at Large Volume 100 Part 2.djvu/581

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1683

rejection shall be provided in a written explanation. The President's decision to reject such an offer shall not be subject to judicial review. "(4) FAILURE TO PROPOSE.—If the President determines that a good faith proposal for undertaking or financing action under section 106 has not been submitted within 60 days of the 42 USC 9606. provision of notice pursuant to this subsection, the President may thereafter commence action under section 104(a) or take an Ante, p. 1617. action against any person under section 106 of this Act. If the President determines that a good faith proposal for undertaking or financing action under section 1040?) has not been submitted within 60 days after the provision of notice pursuant to this subsection, the President may thereafter commence action under section 104(b). "(5) SIGNIFICANT THREATS.—Nothing in this subsection shall limit the President's authority to undertake response or enforcement action regarding a significant threat to public health or the environment within the negotiation period established by this subsection. <? "(6) INCONSISTENT RESPONSE ACTION.—When either the President, or a potentially responsible party pursuant to an administrative order or consent decree under this Act, has initiated a remedial investigation and feasibility study for a particular facility under this Act, no potentially responsible party may undertake any remedial action at the facility unless such remedial action has been authorized by the President. '(f) COVENANT NOT TO SUE.—

"(1) DISCRETIONARY COVENANTS.—The President may, in his

discretion, provide any person with a covenant not to sue concerning any liability to the United States under this Act, including future liability, resulting from a release or threatened release of a hazardous substance addressed by a remedial action, whether that action is onsite or offsite, if each of the following conditions is met: "(A) The covenant not to sue is in the public interest. "(B) The covenant not to sue would expedite response action consistent with the National Contingency Plan under section 105 of this Act. 42 USC 9605. "(C) The person is in full compliance with a consent decree under section 106 (including a consent decree entered into in accordance with this section) for response to the release or threatened release concerned. "(D) The response action has been approved by the President. "(2) SPECIAL COVENANTS NOT TO SUE.—In the case of any person to whom the President is authorized under paragraph (1) of this subsection to provide a covenant not to sue, for the portion of remedial action— "(A) which involves the transport and secure disposition offsite of hazardous substances in a facility meeting the requirements of sections 3004(c), (d), (e), (f), (g), (m), (o), (p), (u), and (v) and 3005(c) of the Solid Waste Disposal Act, 42 USC 6924, where the President has rejected a proposed remedial 6925. action that is consistent with the National Contingency Plan that does not include such offsite disposition and has -u thereafter required offsite disposition; or

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