Page:United States Statutes at Large Volume 102 Part 5.djvu/135

 PUBLIC LAW 100-688—NOV. 18, 1988

102 STAT. 4141

"(5) PAYMENTS PRIOR TO ESTABLISHMENT OF ACCOUNT.—(A) In

any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act, fees required to be paid by a person in that State under paragraph (2)(C) or (D), as applicable, shall be paid to the Administrator. "(B) Amounts paid to the Administrator pursuant to this paragraph shall be held by the Administrator in escrow until the establishment of the fund into which such amounts are required to be paid under paragraph (2), or until the last day of the 1-year period beginning on the date of such payment, whichever is earlier, and thereafter— "(i) if such fund has been established, shall be paid by the Administrator into the fund; or "(ii) if such fund has not been established, shall revert to the general fund of the Treasury. "(c) CoMPUANCE AGREEMENTS AND ENFORCEMENT AGREEMENTS.— state and local "(1) IN GENERAL.—As a condition of issuing a permit under governments. section 102 which authorizes a person to transport or dump sewage sludge or industrial waste, the Administrator shall require that, before the issuance of such permit, the person and the State in which the person is located enter into with the Administrator— "(A) a compliance agreement which meets the requirements of paragraph (2); or "(B) an enforcement agreement which meets the requirements of paragraph (3). "(2) COMPUANCE AGREEMENTS.—An agreement shall be a

compliance agreement for purposes of this section only if— "(A) it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person by not later than December 31, 1991, through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person; "(B) it includes a schedule which— "(i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and "(ii) meets the requirements of paragraph (4); "(C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); "(D) it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B);

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