§2692 Storage, Treatment, and Disposal of Nondefense Toxic and Hazardous Materials

Summary

The Secretary of Defense must not allow a Department of Defense base to store, treat, or dispose of toxic or hazardous materials unless those materials are owned by the Department of Defense or by a service member (or a dependent) who lives or is assigned housing on the base. The Secretary must write rules that say which materials count as hazardous and how much of a material makes it hazardous. Those rules must include materials listed in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and materials named under section 102 of that Act (42 U.S.C. 9602). The rules must also cover explosives, flammable, and pyrotechnic materials. There are many specific exceptions. They include materials used for DoD activities or services on a base; items in the National Defense Stockpile under a GSA agreement; temporary explosive storage to protect the public or help law enforcement or for lifesaving emergencies; disposal of excess contract explosives when no other feasible option exists; temporary storage of nuclear or classified items under an agreement with the Secretary of Energy; materials held for peacetime civil emergencies; help for commercial carriers in transport emergencies; and materials needed for authorized, compatible use of a DoD facility (including space launches). The military department head can allow some storage or treatment if needed and, when required, must have an agreement that protects national defense and the environment and keeps the outside user financially and legally responsible. The Secretary can make short-term exceptions for imminent public danger if it won’t compete with private businesses. The Secretary may charge a cost-based fee for storage or disposal. Storage for imminent danger must be temporary and end once the danger is over; other storage ends when the Secretary decides.