Page:United States Statutes at Large Volume 119.djvu/1120

 119 STAT. 1102

Public information.

PUBLIC LAW 109–58—AUG. 8, 2005

corrective action in response to releases from leaking underground storage tanks located wholly within the boundaries of— ‘‘(A) an Indian reservation; or ‘‘(B) any other area under the jurisdiction of an Indian tribe; and ‘‘(2) to implement and enforce requirements concerning underground storage tanks located wholly within the boundaries of— ‘‘(A) an Indian reservation; or ‘‘(B) any other area under the jurisdiction of an Indian tribe. ‘‘(b) REPORT.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report that summarizes the status of implementation and enforcement of this subtitle in areas located wholly within— ‘‘(1) the boundaries of Indian reservations; and ‘‘(2) any other areas under the jurisdiction of an Indian tribe. The Administrator shall make the report under this subsection available to the public. ‘‘(c) NOT A SAFE HARBOR.—This section does not relieve any person from any obligation or requirement under this subtitle. ‘‘(d) STATE AUTHORITY.—Nothing in this section applies to any underground storage tank that is located in an area under the jurisdiction of a State, or that is subject to regulation by a State, as of the date of enactment of this section.’’. (b) TABLE OF CONTENTS.—The table of contents for such subtitle I is amended by adding the following new item at the end thereof: ‘‘Sec. 9013. Tanks on Tribal lands.’’. SEC. 1530. ADDITIONAL MEASURES TO PROTECT GROUNDWATER.

(a) IN GENERAL.—Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding the following new subsection at the end: ‘‘(i) ADDITIONAL MEASURES TO PROTECT GROUNDWATER FROM CONTAMINATION.—The Administrator shall require each State that receives funding under this subtitle to require one of the following: ‘‘(1) TANK AND PIPING SECONDARY CONTAINMENT.—(A) Each new underground storage tank, or piping connected to any such new tank, installed after the effective date of this subsection, or any existing underground storage tank, or existing piping connected to such existing tank, that is replaced after the effective date of this subsection, shall be secondarily contained and monitored for leaks if the new or replaced underground storage tank or piping is within 1,000 feet of any existing community water system or any existing potable drinking water well. ‘‘(B) In the case of a new underground storage tank system consisting of one or more underground storage tanks and connected by piping, subparagraph (A) shall apply to all underground storage tanks and connected pipes comprising such system. ‘‘(C) In the case of a replacement of an existing underground storage tank or existing piping connected to the underground storage tank, subparagraph (A) shall apply only to the specific underground storage tank or piping being replaced,

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