Page:United States Statutes at Large Volume 119.djvu/1116

 119 STAT. 1098

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(3) NOT A SAFE HARBOR.—This subsection does not relieve any person from any obligation or requirement under this subtitle.’’. (c) PUBLIC RECORD.—Section 9002 of the Solid Waste Disposal Act (42 U.S.C. 6991a) is amended by adding at the end the following: ‘‘(d) PUBLIC RECORD.— ‘‘(1) IN GENERAL.—The Administrator shall require each State that receives Federal funds to carry out this subtitle to maintain, update at least annually, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground storage tanks regulated under this subtitle. ‘‘(2) CONSIDERATIONS.—To the maximum extent practicable, the public record of a State, respectively, shall include, for each year— ‘‘(A) the number, sources, and causes of underground storage tank releases in the State; ‘‘(B) the record of compliance by underground storage tanks in the State with— ‘‘(i) this subtitle; or ‘‘(ii) an applicable State program approved under section 9004; and ‘‘(C) data on the number of underground storage tank equipment failures in the State.’’. (d) INCENTIVE FOR PERFORMANCE.—Section 9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the following: ‘‘(e) INCENTIVE FOR PERFORMANCE.—Both of the following may be taken into account in determining the terms of a civil penalty under subsection (d): ‘‘(1) The compliance history of an owner or operator in accordance with this subtitle or a program approved under section 9004. ‘‘(2) Any other factor the Administrator considers appropriate.’’. (e) TABLE OF CONTENTS.—The table of contents for such subtitle I is amended by adding the following new item at the end thereof: ‘‘Sec. 9011. Use of funds for release prevention and compliance.’’. SEC. 1527. DELIVERY PROHIBITION.

(a) IN GENERAL.—Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended by adding at the end the following: 42 USC 6991k.

‘‘SEC. 9012. DELIVERY PROHIBITION.

Effective date.

Deadline.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

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‘‘(a) REQUIREMENTS.— ‘‘(1) PROHIBITION OF DELIVERY OR DEPOSIT.—Beginning 2 years after the date of enactment of this section, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for such delivery, deposit, or acceptance. ‘‘(2) GUIDANCE.—Within 1 year after the date of enactment of this section, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific

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