Page:United States Statutes at Large Volume 100 Part 2.djvu/591

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1693

additional evidence of financial responsibility for incineration vessels in such amounts, and to cover such liabilities recognized by law, as the President deems appropriate, taking into account the potential risks posed by incineration and transport for incineration, and any other factors deemed relevant.". (d) SAVINGS CLAUSE.—Section 106 of the Marine Protection, 33 USC 1416. Research, and Sanctuaries Act of 1972 is amended by adding the following new subsection at the end thereof: "(g) SAVINGS CLAUSE.—Nothing in this Act shall restrict, affect or State and local modify the rights of any person (1) to seek damages or enforcement governments, of any standard or limitation under State law, including State common law, or (2) to seek damages under other Federal law, including maritime tort law, resulting from noncompliance with any requirement of this Act or any permit under this Act.". (e) MARITIME TORT.—Section 107(h) of CERCLA is amended by 42 USC 9607. inserting ", under maritime tort law," after "with this section" and by inserting before the period "or the absence of any physical damage to the proprietary interest of the claimant". TITLE II—MISCELLANEOUS PROVISIONS SEC. 201. POST-CLOSURE LIABILITY PROGRAM STUDY, REPORT TO CONGRESS, AND SUSPENSION OF LIABILITY TRANSFERS.

Subsection (k) of section 107 of CERCLA is amended by adding at the end the following new paragraphs:

42 USC 9607.

"(5) SUSPENSION OF LIABILITY TRANSFER.—Notwithstanding

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paragraphs (1), (2), (3), and (4) of this subsection and subsection (j) of section 111 of this Act, no liability shall be transferred to or assumed by the Post-Closure Liability Trust Fund established by section 282 of this Act prior to completion of the study 42 USC 9641. required under paragraph (6) of this subsection, transmission of a report of such study to both Houses of Congress, and authorization of such a transfer or assumption by Act of Congress following receipt of such study and report. "(6) STUDY OF OPTIONS FOR POST-CLOSURE PROGRAM.—

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"(A) STUDY.—The Comptroller General shall conduct a - . study of options for a program for the management of the liabilities associated with hazardous waste treatment, storage, and disposal sites after their closure which complements the policies set forth in the Hazardous and Solid Waste Amendments of 1984 and assures the protection of 42USe690l human health and the environment. ^°^"(B) PROGRAM ELEMENTS.—The program referred to in

subparagraph (A) shall be designed to assure each of the following: "(i) Incentives are created and maintained for the safe management and disposal of hazardous wastes so .. «,1^ as to assure protection of human health and the environment. "(ii) M e m b e r s of the public will h a v e reasonable confidence that hazardous wastes will b e m a n a g e d and C disposed of safely and that resources will b e available to address any problems that may arise and to cover costs of long-term monitoring, care, and maintenance .,.. ^,.«>... of such sites.

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