Page:United States Statutes at Large Volume 100 Part 2.djvu/584

 100 STAT. 1686

PUBLIC LAW 99-499—OCT. 17, 1986 "(3) EXPEDITED AGREEMENT.—The President shall reach any such settlement or grant any such covenant not to sue as soon as possible after the President has available the information necessary to reach such a settlement or grant such a covenant. "(4) CONSENT DECREE OR ADMINISTRATIVE ORDER.—A settle-

Claims.

ment under this subsection shall be entered as a consent decree or embodied in an administrative order setting forth the terms of the settlement. In the case of any facility where the total response costs exceed $500,000 (excluding interest), if the settlement is embodied as an administrative order, the order may be issued only with the prior written approval of the Attorney General. If the Attorney General or his designee has not approved or disapproved the order within 30 days of this referral, the order shall be deemed to be approved unless the Attorney General and the Administrator have agreed to extend the time. The district court for the district in which the release or threatened release occurs may enforce any such administrative order. "(5) EFFECT OF AGREEMENT.—A party who has resolved its liability to the United States under this subsection shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement. "(6) SETTLEMENTS WITH OTHER POTENTIALLY RESPONSIBLE PAR-

TIES.—Nothing in this subsection shall be construed to affect the authority of the President to reach settlements with other potentially responsible parties under this Act. Cljiims.

42 USC 9607.

Regulations.

'(h) COST RECOVERY SETTLEMENT AUTHORITY.— "(1) AUTHORITY TO SETTLE.—The head of any department or

agency with authority to undertake a response action under this Act pursuant to the national contingency plan may consider, compromise, and settle a claim under section 107 for costs incurred by the United States Government if the claim has not been referred to the Department of Justice for further action. In the case of any facility where the total response costs exceed < $500,000 (excluding interest), any claim referred to in the preceding sentence may be compromised and settled only with the prior written approval of the Attorney General. i "(2) USE OF ARBITRATION.—Arbitration in accordance with regulations promulgated under this subsection may be used as a method of settling claims of the United States where the total response costs for the facility concerned do not exceed $500,000 (excluding interest). After consultation with the Attorney (general, the department or agency head may establish and publish regulations for the use of arbitration or settlement under this subsection. "(3) RECOVERY OF CLAIMS.—If any person fails to pay a claim that has been settled under this subsection, the department or agency head shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount of such claim, plus costs, attorneys' fees, and interest from the date of the settlement. In such an action, the terms of the settlement shall not be subject to review. "(4) CLAIMS FOR CONTRIBUTION.—A person who has resolved


 * its liability to the United States under this subsection shall not

be liable for claims for contribution regarding matters ad-

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