Page:United States Statutes at Large Volume 115 Part 3.djvu/302

 115 STAT. 2376 PUBLIC LAW 107-118^TAN. 11, 2002 42 USC 9628. " SEC. 128. STATE RESPONSE PROGRAMS. "(a) ASSISTANCE TO STATES. — "(1) IN GENERAL.— "(A) STATES.— The Administrator may award a grant to a State or Indian tribe that— "(i) has a response program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in paragraph (2); or "(ii) is a party to a memorandum of agreement with the Administrator for voluntary response programs. " (B) USE OF GRANTS BY STATES.— "(i) IN GENERAL.—^A State or Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe. "(ii) ADDITIONAL USES. — In addition to the uses under clause (i), a State or Indian tribe may use a grant under this subsection to— "(I) capitalize a revolving loan fund for brownfield remediation under section 104(k)(3); or "(II) purchase insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State response program. "(2) ELEMENTS.— The elements of a State or Indian tribe response program referred to in paragraph (l)(A)(i) are the following: "(A) Timely survey and inventory of brownfield sites in the State. "(B) Oversight and enforcement authorities or other mechanisms, and resources, that are adequate to ensure that— "(i) a response action will— "(I) protect human health and the environment; and "(II) be conducted in accordance with applicable Federal and State law; and "(ii) if the person conducting the response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed. "(C) Mechanisms and resources to provide meaningful opportunities for public participation, including— "(i) public access to documents that the State, Indian tribe, or party conducting the cleanup is relying on or developing in making cleanup decisions or conducting site activities; "(ii) prior notice and opportunity for comment on proposed cleanup plans and site activities; and "(iii) a mechanism by which— "(I) a person that is or may be affected by a release or threatened release of a hazardous substance, pollutant, or contaminant at a brownfield site located in the community in which

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