Page:United States Statutes at Large Volume 122.djvu/4369

 12 2 STA T .43 4 6PUBLIC LA W 11 0– 414 —O CT. 14 , 200 8(3)EQUIPMENT.—TheS e cr e ta r ys ha l le n s u re that each d es -ig nated f acility has all e q ui pm ent necessary f o r routine oper- ations , emergencies, monitoring, chec k ing in v entory, loading, and storing elemental mercury at the facility. ( 4 ) F I R E D ETE C TI O N A ND S UPPRESSION S Y STEMS.—The Sec- retary shall— ( A ) ensure the installation of fire detection systems at each designated facility, including smoke detectors and heat detectors and ( B ) ensure the installation of a permanent fire suppres- sion system, unless the Secretary determines that a perma- nent fire suppression system is not necessary to protect human health and the environment. (e) I NDEMNI F ICATION OF P ERSONS D E L I V ERIN G ELEMENTAL M ER- CURY.— ( 1 ) IN GENERAL.—(A) E x cept as provided in su b paragraph (B) and sub j ect to paragraph ( 2 ), the Secretary shall hold harm- less, defend, and indemnify in full any person w ho delivers elemental mercury to a designated facility under the program established under subsection (a) from and against any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to prop- erty or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of elemental mercury as a result of acts or omissions occurring after such mercury is delivered to a designated facility described in sub- section (a). (B) To the extent that a person described in subparagraph (A) contributed to any such release or threatened release, subparagraph (A) shall not apply. (2) C ONDITIONS.— N o indemnification may be afforded under this subsection unless the person seeking indemnifica- tion— (A) notifies the Secretary in writing within 3 0 days after receiving written notice of the claim for which indem- nification is sought; (B) furnishes to the Secretary copies of pertinent papers the person receives; (C) furnishes evidence or proof of any claim, loss, or damage covered by this subsection; and (D) provides, upon request by the Secretary, access to the records and personnel of the person for purposes of defending or settling the claim or action. (3) AUT H ORITY OF SECRETARY.—(A) In any case in which the Secretary determines that the Department of Energy may be required to make indemnification payments to a person under this subsection for any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage referred to in paragraph (1)(A), the Secretary may settle or defend, on behalf of that person, the claim for personal injury or property damage. (B) In any case described in subparagraph (A), if the person to whom the Department of Energy may be required to make indemnification payments does not allow the Secretary to settle or defend the claim, the person may not be afforded indem- nification with respect to that claim under this subsection. Notif i ca tio n.De a dl ine. R eco r d s .

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