Page:United States Statutes at Large Volume 102 Part 5.djvu/136

 102 STAT. 4142

PUBLIC LAW 100-688—NOV. 18, 1988 "(E) it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and "(F) it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A). "(3) ENFORCEMENT AGREEMENTS.—An agreement shall be an enforcement 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 dumpii^, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person through the design, construction, and fidl 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 d a t ^ 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); "(CD) 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); "(E) it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and "(F) it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A). "(4) SCHEDULES.—A schedule included in a compliance agreement pursuant to paragraph (2)(B) or an enforcement agreement pursuant to paragraph (3)(B) shall establish deadlines for— ^'(A) preparation of engineering designs and related specifications for the alternative system referred to in paragraph (2)(A) or paragraph (3)(A), as applicable; "(B) compliance with appropriate Federal, State, and local statutes, r^ulations, and ordinances; "(C) site and equipment acquisitions for such alternative system; "(D) construction and testing of such alternative system; "(E) operation of such alternative system at full capacity; and "(F) any other activities, including interim measures, that the Administrator considers necessary or appropriate. "(5) dlLEAN OCEANS FUNDS.—(A) Each State that is a party to a compliance agreement or an enforcement agreement under this

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