§9616 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires the President to review and inspect hazardous sites listed in CERCLIS as of October 17, 1986. By January 1, 1988, the President must finish a basic review of each site and say whether a full site inspection is needed and who should do it. By January 1, 1989, any sites needing an inspection must have that inspection done. Sites listed later must be checked within 4 years of being listed if an inspection or review says it is needed. Evaluations must follow the priority rules in section 9605 under the National Contingency Plan. If these review or evaluation goals are missed, the President must publish an explanation. The President must also start remedial investigations and feasibility studies for National Priorities List sites on a set schedule: at least 275 started by 36 months after October 17, 1986, and if that number is not met, then at least 175 more by 4 years and 200 more by 5 years after October 17, 1986, reaching 650 by 5 years. The President must begin on-site cleanup work at a rate of at least 175 sites in the first 36 months after October 17, 1986, and 200 more in the next 24 months.

Title 42, §9616

The Public Health and Welfare — Source: USLM XML via OLRC

(a)It shall be a goal of this chapter that, to the maximum extent practicable—

(1)not later than January 1, 1988, the President shall complete preliminary assessments of all facilities that are contained (as of October 17, 1986) on the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) including in each assessment a statement as to whether a site inspection is necessary and by whom it should be carried out; and

(2)not later than January 1, 1989, the President shall assure the completion of site inspections at all facilities for which the President has stated a site inspection is necessary pursuant to paragraph (1).

(b)Within 4 years after October 17, 1986, each facility listed (as of October 17, 1986) in the CERCLIS shall be evaluated if the President determines that such evaluation is warranted on the basis of a site inspection or preliminary assessment. The evaluation shall be in accordance with the criteria established in section 9605 of this title under the National Contingency Plan for determining priorities among release for inclusion on the National Priorities List. In the case of a facility listed in the CERCLIS after October 17, 1986, the facility shall be evaluated within 4 years after the date of such listing if the President determines that such evaluation is warranted on the basis of a site inspection or preliminary assessment.

(c)If any of the goals established by subsection (a) or (b) are not achieved, the President shall publish an explanation of why such action could not be completed by the specified date.

(d)The President shall assure that remedial investigations and feasibility studies (RI/FS) are commenced for facilities listed on the National Priorities List, in addition to those commenced prior to October 17, 1986, in accordance with the following schedule:

(1)not fewer than 275 by the date 36 months after October 17, 1986, and

(2)if the requirement of paragraph (1) is not met, not fewer than an additional 175 by the date 4 years after October 17, 1986, an additional 200 by the date 5 years after October 17, 1986, and a total of 650 by the date 5 years after October 17, 1986.

(e)The President shall assure that substantial and continuous physical on-site remedial action commences at facilities on the National Priorities List, in addition to those facilities on which remedial action has commenced prior to October 17, 1986, at a rate not fewer than:

(1)175 facilities during the first 36-month period after October 17, 1986; and

(2)200 additional facilities during the following 24 months after such 36-month period.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9601 of this title and Tables.

§9616 Schedules