Page:United States Statutes at Large Volume 100 Part 2.djvu/582

 100 STAT. 1684

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, 42 USC 9606, 9607.

PUBLIC LAW 99-499—OCT. 17, 1986 "(B) which involves the treatment of hazardous substances so as to destroy, eliminate, or permanently immobilize the hazardous constituents of such substances, such that, in the judgment of the President, the substances no longer present any current or currently foreseeable future significant risk to public health, welfare or the environment, no byproduct of the treatment or destruction process, presents any significant hazard to public health, welfare ' or the environment, and all b3rproducts are themselves treated, destroyed, or contained in a manner which assures that such byproducts do not present any current or cur,. rently foreseeable future significant risk to public health, welfare or the environment, the President shall provide such person with a covenant not to sue with respect to future liability to the United States under this Act for a future release or threatened release of hazardous substances from such facility, and a person provided such covenant not to sue shall not be liable to the United States under section 106 or 107 with respect to such release or threatened release at a future time. "(3) REQUIREMENT THAT REMEDIAL ACTION BE COMPLETED.—A

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covenant not to sue concerning future liability to the United ^. States shall not take effect until the President certifies that remedial action has been completed in accordance with the , requirements of this Act at the facility that is the subject of such covenant. "(4) FACTORS.—In assessing the appropriateness of a covenant not to sue under paragraph (1) and any condition to be included in a covenant not to sue under paragraph (1) or (2), the President shall consider whether the covenant or condition is in the public interest on the basis of such factors as the following: "(A) The effectiveness and reliability of the remedy, in light of the other alternative remedies considered for the facility concerned. "(B) The nature of the risks remaining at the facility. "(C) The extent to which performance standards are included in the order or decree. "(D) The extent to which the response action provides a complete remedy for the facility, including a reduction in the hazardous nature of the substances at the facility. "(E) The extent to which the technology used in the response action is demonstrated to be effective. "(F) Whether the Fund or other sources of funding would be available for any additional remedial actions that might eventually be necessary at the facility. "(G) Whether the remedial action will be carried out, in whole or in significant part, by the responsible parties '> themselves. "(5) SATISFACTORY PERFORMANCE.—Any covenant not to

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under this subsection shall be subject to the satisfactory performance by such party of its obligations under the agreement concerned. "(6) ADDITIONAL CONDITION FOR FUTURE LIABILITY.—(A) Except for the portion of the remedial action which is subject to a covenant not to sue under paragraph (2) or under subsection (g) (relating to de minimis settlements), a covenant not to sue a person concerning future liability to the United States shall

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