Page:United States Statutes at Large Volume 105 Part 2.djvu/387

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1339 PART C—ENVIRONMENTAL PROVISIONS SEC. 331. REIMBURSEMENT REQUIREMENT FOR CONTRACTORS HANDLING HAZARDOUS WASTES FROM DEFENSE FACILITIES. (a) REQUIREMENT. —(1) Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: "§ 2708. Contracts for handling hazardous waste from defense facilities "(a) REIMBURSEMENT REQUIREMENT. —(1) Each contract or subcontract to which this section applies shall provide that, upon receipt of hazardous wastes properly characterized pursuant to applicable laws and regulations, the contractor or subcontractor will reimburse the Federal Government for all liabilities incurred by, penalties assessed against, costs incurred by, and damages suffered by, the Government that are caused by— "(A) the contractor's or subcontractor's breach of any term or provision of the contract or subcontract; and "(B) any negligent or willful act or omission of the contractor or subcontractor, or the employees of the contractor or subcontractor, in the performance of the contract or subcontract. "(2) Not later than 30 days after such a contract or subcontract is awarded, the contractor or subcontractor shall demonstrate that the contractor or subcontractor will reimburse the Federal Government as provided in paragraph (1). "(h) APPLICABILITY. — (1) Except as provided in paragraph (2), this section applies to all contracts entered into by the Secretary of Defense or the Secretary of a military department, and all subcontracts under such contracts, with an owner or operator of a hgizardous waste treatment or disposal facility during fiscal year 1992 for the offsite treatment or disposal of hazardous wastes from a facility under the jurisdiction of the Secretary of Defense. "(2) This section does not apply to— "(A) any contract or subcontract to perform remedial action or corrective action under the Defense Environmental Restoration Program, other programs or activities of the Department of Defense, or authorized State hazardous waste programs; "(B) any contract or subcontract under which the generation of the hazardous WEiste to be disposed of is incidental to the performance of the contract; or "(C) any contract or subcontract to dispose of ammunition or solid rocket motors. "(c) EXCEPTION TO REIMBURSEMENT REQUIREMENT.— Notwithstanding subsection (a), in the case of any contract to which this section applies, if the Secretary of Defense or the Secretary of the military department concerned determines that— "(1) there is only one responsible offeror or there is no responsible offeror willing to provide the reimbursement required by subsection (a) for such contract; or "(2) failure to award the contract would place the facility concerned in violation of any requirement of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), then the contract may be awarded without including the reimbursement provision required by subsection (a). "(d) DEFINITIONS.—For purposes of this section:

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