Page:United States Statutes at Large Volume 115 Part 3.djvu/303

 PUBLIC LAW 107-118-^AN. 11, 2002 115 STAT. 2377 the person works or resides may request the conduct of a site assessment; and "(11) an appropriate State official shall consider and appropriately respond to a request under subclause (I). "(D) Mechanisms for approval of a cleanup plan, and a requirement for verification by and certification or similar documentation from the State, an Indian tribe, or a licensed site professional to the person conducting a response action indicating that the response is complete. "(3) FUNDING. —There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2002 through 2006. " (b) ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO STATE PROGRAM.— "(1) ENFORCEMENT.— "(A) IN GENERAL. — Except as provided in subparagraph (B) and subject to subparagraph (C), in the case of an eligible response site at which— "(i) there is a release or threatened release of a hazardous substance, pollutant, or contaminant; and "(ii) a person is conducting or has completed a response action regarding the specific release that is addressed by the response action that is in compliance with the State program that specifically governs response actions for the protection of public health and the environment, the President may not use authority under this Act to take an administrative or judicial enforcement action under section 106(a) or to take a judicial enforcement action to recover response costs under section 107(a) against the person regarding the specific release that is addressed by the response action. "(B) EXCEPTIONS.— The President may bring an administrative or judicial enforcement action under this Act during or after completion of a response action described in subparagraph (A) with respect to a release or threatened release at an eligible response site described in that subparagraph if— "(i) the State requests that the President provide assistance in the performance of a response action; "(ii) the Administrator determines that contamination has migrated or will migrate across a State line, resulting in the need for further response action to protect human health or the environment, or the President determines that contamination has migrated or is likely to migrate onto property subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States and may impact the authorized purposes of the Federal property; "(iii) after taking into consideration the response activities already taken, the Administrator determines that— "(I) a release or threatened release may present an imminent and substantial endangerment to public health or welfare or the environment; and

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