10 U.S.C. § 2708: Contracts for handling…

Summary

Requires contracts and subcontracts for offsite treatment or disposal of hazardous waste from Department of Defense sites (during fiscal years 1992–1996) to say the contractor will pay back the Federal Government for any liabilities, fines, costs, or damages caused by the contractor breaking the contract or by negligent or intentional acts or failures by the contractor or its employees. The contractor must prove within 30 days after the contract is awarded that it will make those reimbursements. The rule does not apply to contracts for remedial or corrective actions under certain DoD or state programs, to contracts where waste is only incidentally produced, or to contracts to dispose of ammunition or solid rocket motors. The Secretary may skip the reimbursement rule if there is only one responsible offeror (or none willing to accept it) or if not awarding the contract would violate the Solid Waste Disposal Act. Definitions (one line each): hazardous waste — as defined in the Solid Waste Disposal Act and also includes polychlorinated biphenyls (PCBs); remedial action — as defined in CERCLA; corrective action — as defined in the Solid Waste Disposal Act; polychlorinated biphenyls — as defined in the Toxic Substances Control Act. This requirement does not change any legal liability of the Federal Government under other laws or common law.

Title 10, §2708

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(a)Reimbursement Requirement.—

(1)Each contract or subcontract to which this section applies shall provide that, upon receipt of hazardous wastes properly characterized pursuant to applicable laws and regulations, the contractor or subcontractor will reimburse the Federal Government for all liabilities incurred by, penalties assessed against, costs incurred by, and damages suffered by, the Government that are caused by—

(A)the contractor’s or subcontractor’s breach of any term or provision of the contract or subcontract; and

(B)any negligent or willful act or omission of the contractor or subcontractor, or the employees of the contractor or subcontractor, in the performance of the contract or subcontract.

(2)Not later than 30 days after such a contract or subcontract is awarded, the contractor or subcontractor shall demonstrate that the contractor or subcontractor will reimburse the Federal Government as provided in paragraph (1).

(b)Applicability.—

(1)Except as provided in paragraph (2), this section applies to each contract entered into by the Secretary of Defense or the Secretary of a military department, and any subcontract under any such contract, with an owner or operator of a hazardous waste treatment or disposal facility during fiscal years 1992 through 1996 for the offsite treatment or disposal of hazardous wastes from a facility under the jurisdiction of the Secretary of Defense.

(2)This section does not apply to—

(A)any contract or subcontract to perform remedial action or corrective action under the Defense Environmental Restoration Program, other programs or activities of the Department of Defense, or authorized State hazardous waste programs;

(B)any contract or subcontract under which the generation of the hazardous waste to be disposed of is incidental to the performance of the contract; or

(C)any contract or subcontract to dispose of ammunition or solid rocket motors.

(c)Exception to Reimbursement Requirement.—

Notwithstanding subsection (a), in the case of any contract to which this section applies, if the Secretary of Defense or the Secretary of the military department concerned determines that—

(1)there is only one responsible offeror or there is no responsible offeror willing to provide the reimbursement required by subsection (a) for such contract; or

(2)failure to award the contract would place the facility concerned in violation of any requirement of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),

then the contract may be awarded without including the reimbursement provision required by subsection (a).

(d)Definitions.—

In this section: (1)

(2)The term “remedial action” has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)).

(3)The term “corrective action” has the meaning given that term under section 3004(u) of the Solid Waste Disposal Act (42 U.S.C. 6924(u)).

(4)The term “polychlorinated biphenyls” has the meaning given that term under section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)).

(e)Effect on Liability.—

Nothing in this section shall affect the liability of the Federal Government under any Federal or State law or under common law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Solid Waste Disposal Act, referred to in subsec. (c)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 6901 of Title 42 and Tables.

Amendments

1993—Subsec. (b)(1). Pub. L. 103–160 substituted “fiscal years 1992 through 1996” for “fiscal years 1992 and 1993”. 1992—Subsec. (b)(1). Pub. L. 102–484, § 1052(36)(A), substituted “each contract” for “all contracts” and “any subcontract under any such contract” for “all subcontracts under such contracts”. Pub. L. 102–484, § 321, substituted “fiscal years 1992 and 1993” for “fiscal year 1992”. Subsec. (d). Pub. L. 102–484, § 1052(36)(B), substituted “In” for “For purposes of” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 102–190, div. A, title III, § 331(b), Dec. 5, 1991, 105 Stat. 1340, provided that: “Section 2708 of title 10, United States Code, shall apply with respect to contracts entered into after the expiration of the 60-day period beginning on the date of the enactment of this Act [Dec. 5, 1991].”

§2708 Contracts for Handling Hazardous Waste From Defense Facilities