Page:United States Statutes at Large Volume 100 Part 2.djvu/583

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1685

include an exception to the covenant that allows the President to sue such person concerning future liability resulting from the release or threatened release that is the subject of the covenant where such liability arises out of conditions which are unknown at the time the President certifies under paragraph (3) that remedial action has been completed at the facility concerned, "(B) In extraordinary circumstances, the President may determine, after assessment of relevant factors such as those referred to in paragraph (4) and volume, toxicity, mobility, strength of evidence, ability to pay, litigative risks, public interest considerations, precedential value, and inequities and aggravating factors, not to include the exception referred to in subparagraph (A) if other terms, conditions, or requirements of the agreement containing the covenant not to sue are sufficient to provide all reasonable assurances that public health and the environment will be protected from any future releases at or from the facility. "(C) The President is authorized to include any provisions allowing future enforcement action under section 106 or 107 42 USC 9606, that in the discretion of the President are necessary and appro- 9607. priate to assure protection of public health, welfare, and the environment. "(g) DE MINIMIS SETTLEMENTS.— "(1) EXPEDITED FINAL SETTLEMENT.—Whenever

practicable and in the public interest, as determined by the President, the President shall as promptly as possible reach a final settlement with a potentially responsible party in an administrative or civil action under section 106 or 107 if such settlement involves only a minor portion of the response costs at the facility concerned and, in the judgment of the President, the conditions in either of the following subparagraph (A) or (B) are met: "(A) Both of the following are minimal in comparison to other hazardous substances at the facility: "(i) The amount of the hazardous substances contributed by that party to the facility. "(ii) The toxic or other hazardous effects of the substances contributed by that party to the facility. "(B) The potentially responsible party— "(i) is the owner of the real property on or in which Real property. the facility is located; "(ii) did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the facility; and "(iii) did not contribute to the release or threat of release of a hazardous substance at the facility through any action or omission. vj. i This subparagraph (B) does not apply if the potentially Real property. responsible party purchased the real property with actual or constructive knowledge that the property was used for the generation, transportation, storage, treatment, or disposal of any hazardous substance. "(2) COVENANT NOT TO SUE.—The President may provide a covenant not to sue with respect to the facility concerned to any party who has entered into a settlement under this subsection unless such a covenant would be inconsistent with the public interest as determined under subsection (f).

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