Page:United States Statutes at Large Volume 115 Part 3.djvu/284

 115 STAT. 2358 PUBLIC LAW 107-118-^AN. 11, 2002 solid waste attributable to the organization with respect to the facility. For purposes of this subsection, the term 'affiliate' has the meaning of that term provided in the definition of 'small business concern' in regulations promulgated by the Small Business Administration in accordance with the Small Business Act (15 U.S.C. 631etseq.). "(2) EXCEPTION. — Paragraph (1) shall not apply in a case in which the President determines that— "(A) the municipal solid waste referred to in paragraph (1) has contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; "(B) the person has failed to comply with an information request or administrative subpoena issued by the President under this Act; or "(C) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility. "(3) No JUDICIAL REVIEW. —^A determination by the President under paragraph (2) shall not be subject to judicial review. "(4) DEFINITION OF MUNICIPAL SOLID WASTE. — "(A) IN GENERAL.— For purposes of this subsection, the term 'municipal solid waste' means waste material— "(i) generated by a household (including a single or multifamily residence); and "(ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material— "(I) is essentially the same as waste normally generated by a household; "(II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and "(III) contains a relative quantity of hazardous substances no greater than the relative quantity of hazardous substances contained in waste material generated by a t3T)ical single-family household. "(B) EXAMPLES. —Examples of municipal solid waste under subparagraph (A) include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household hazardous waste. "(C) EXCLUSIONS.— The term 'municipal solid waste' does not include— "(i) combustion ash generated by resource recovery facilities or municipal incinerators; or "(ii) waste material from manufacturing or processing operations (including pollution control operations) that is not essentially the same as waste normally generated by households. "(5) BURDEN OF PROOF. —In the case of an action, with respect to response costs at a facility on the National Priorities List, brought under section 107 or 113 by—

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