Page:United States Statutes at Large Volume 98 Part 3.djvu/897

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3269

(1) inserting "prohibition," immediately after "requirement,"; (2) inserting "(A)" immediately after "(1)"; and (3) inserting the following at the end thereof: "(B) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or", (b) Section 7002(a) of the Solid Waste Disposal Act is amended 42 USC 6972. by(1) inserting "or the alleged endangerment may occur" immediately after "the alleged violation occurred" in the first sentence following paragraph (2); and (2) striking "to enforce such regulation or order, or to order the Administrator to perform such act or duty as the case may be" in the portion following paragraph (2) and inserting in lieu thereof the following: "to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in paragraph (I)(A), to restrain any person who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in paragraph (1)(B), to order such person to take such other action as may be necessary, or both, or to order the Administrator to perform the act or duty referred to in paragraph (2), as the case may be, and to apply any appropriate civil penalties under section 3008(a) and (g)". 42 USC 6928. (c) Section 7002 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: "(g) TRANSPORTERS.—A transporter shall not be deemed to have contributed or to be contributing to the handling, storage, treatment, or disposal, referred to in subsection (a)(1)(B) taking place after such solid waste or hazardous waste has left the possession or control of such transporter, if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste.". (d) Section 7002(b) of the Solid Waste Disposal Act is amended to read as follows: "(b) ACTIONS PROHIBITED.—(1) No action may be commenced under subsection (a)(l)(A) of this section— "(A) prior to 60 days after the plaintiff has given notice of the violation to— "(i) the Administrator; "(ii) the State in which the alleged violation occurs; and "(iii) to any alleged violator of such permit, standard, regulation, condition, requirement, prohibition, or order, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of subtitle C of this Act; or 42 USC 6921.

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