§2692 — Title 10 Armed Forces | U.S. Code

Summary

Stops the Defense Department from letting people who do not own the stuff store, treat, or dispose of toxic or hazardous materials on a military base. The Secretary of Defense must write rules that say which materials count as toxic or hazardous and how much of a material makes it hazardous. Those rules must include materials listed under CERCLA (42 U.S.C. 9601(14) and 9602) and things that are explosive, flammable, or pyrotechnic. There are many exceptions where non-DoD materials may be allowed, for example when the material is used for a DoD activity or service on the base, for the National Defense Stockpile, for temporary public-safety or law-enforcement needs, for emergency lifesaving, for excess explosives when no other option exists, under agreements with the Department of Energy, for peacetime civil emergency resources, to help federal agencies or commercial carriers in a transport emergency, or when needed for authorized testing, training, or space launches (sometimes with a contract that keeps the user responsible). The Secretary can also allow short-term storage to prevent imminent danger, may charge for storage on a reimbursable-cost basis, and will stop temporary storage once the danger or need ends.

Title 10, §2692

Armed Forces — Source: USLM XML via OLRC

(a)(1)Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage, treatment, or disposal of any material that is a toxic or hazardous material and that is not owned either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation.

(2)The Secretary of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of that Act (42 U.S.C. 9602) and shall include materials that are of an explosive, flammable, or pyrotechnic nature.

(b)Subsection (a) does not apply to the following:

(1)The storage, treatment, or disposal of materials that will be or have been used in connection with an activity of the Department of Defense or in connection with a service to be performed on an installation of the Department for the benefit of the Department.

(2)The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services.

(3)The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal, State, or local law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal, State, or local agency concerned.

(4)The temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities.

(5)The disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements.

(6)The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy.

(7)The storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations.

(8)The temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency.

(9)The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of the Department of Defense, including the use of such a facility for testing material or training personnel.

(10)The treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of that military department and the Secretary enters into a contract or agreement with the prospective user that—

(A)is consistent with the best interest of national defense and environmental security; and

(B)provides for the prospective user’s continued financial and environmental responsibility and liability with regard to the material.

(11)The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the use of a space launch facility located on an installation of the Department of Defense or on other land controlled by the United States.

(c)The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the exception is essential and if the storage or disposal authorized does not compete with private enterprise.

(d)(1)The Secretary may assess a charge for any storage or disposal provided under this section. Any such charge shall be on a reimbursable cost basis.

(2)In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or disposal authorized under this section, the storage or disposal authorized shall be terminated as determined by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (b)(9). Pub. L. 109–364 substituted “testing material” for “testing materiel”. 1999—Subsec. (b). Pub. L. 106–65 substituted “apply to the following:” for “apply to—” in introductory provisions, “The” for “the” at the beginning of each of pars. (1) to (11), a period for the semicolon at the end of each of pars. (1) to (9), and a period for “; and” at the end of par. (10). 1997—Pub. L. 105–85, § 343(g)(2), substituted “Storage, treatment, and” for “Storage and” in section catchline. Subsec. (a)(1). Pub. L. 105–85, § 343(g)(1), substituted “storage, treatment, or disposal” for “storage or disposal”. Pub. L. 105–85, § 343(a), substituted “either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation” for “by the Department of Defense”. Subsec. (b)(1), (2). Pub. L. 105–85, § 343(b), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 105–85, § 343(b)(1), (c), redesignated par. (2) as (3) and substituted “Federal, State, or local law

Enforcement

” for “Federal law

Enforcement

” and “Federal, State, or local agency” for “Federal agency”. Former par. (3) redesignated (4). Subsec. (b)(4) to (8). Pub. L. 105–85, § 343(b)(1), redesignated pars. (3) to (7) as (4) to (8), respectively. Former par. (8) redesignated (9). Subsec. (b)(9). Pub. L. 105–85, § 343(b)(1), (d), redesignated par. (8) as (9) and substituted “in connection with the authorized and compatible use of a” for “by a private person in connection with the authorized and compatible use by that person of an industrial-type” and “, including the use of such a facility for testing materiel or training personnel;” for “; and”. Former par. (9) redesignated (10). Subsec. (b)(10). Pub. L. 105–85, § 343(b)(1), (e), redesignated par. (9) as (10) and substituted “in connection with the authorized and compatible use of a” for “by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type”, “or agreement with the prospective user” for “with that person”, “for the prospective user’s” for “for that person’s”, and “; and” for period at end. Subsec. (b)(11). Pub. L. 105–85, § 343(f), added par. (11). 1994—Subsec. (b)(9). Pub. L. 103–337 added par. (9). 1992—Subsec. (b)(8). Pub. L. 102–484 added par. (8).

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 105–85, div. A, title III, § 343(h), Nov. 18, 1997, 111 Stat. 1688, provided that: “Nothing in the

Amendments

made by this section [amending this section] is intended to modify environmental laws or laws relating to the siting of facilities.”

§2692 Storage, treatment, and disposal of nondefense toxic and hazardous materials

Summary

Title 10, §2692

Notes & Related Subsidiaries

Editorial Notes

Amendments

Enforcement

Enforcement

Statutory Notes and Related Subsidiaries

Savings Provision

Amendments

Citations & Metadata