119 STAT. 1100 PUBLIC LAW 109–58—AUG. 8, 2005
(c) T
ABLE OF
C
ONTENTS
.—The table of contents for such subtitle
I is amended by adding the following new item at the end thereof:
‘‘Sec. 9012. Delivery prohibition.’’.
SEC. 1528. FEDERAL FACILITIES.
Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f)
is amended to read as follows:
‘‘SEC. 9007. FEDERAL FACILITIES.
‘‘(a) I
N
G
ENERAL
.—Each department, agency, and instrumen-
tality of the executive, legislative, and judicial branches of the
Federal Government (1) having jurisdiction over any underground
storage tank or underground storage tank system, or (2) engaged
in any activity resulting, or which may result, in the installation,
operation, management, or closure of any underground storage tank,
release response activities related thereto, or in the delivery, accept-
ance, or deposit of any regulated substance to an underground
storage tank or underground storage tank system shall be subject
to, and comply with, all Federal, State, interstate, and local require-
ments, both substantive and procedural (including any requirement
for permits or reporting or any provisions for injunctive relief and
such sanctions as may be imposed by a court to enforce such
relief), respecting underground storage tanks in the same manner,
and to the same extent, as any person is subject to such require-
ments, including the payment of reasonable service charges. The
Federal, State, interstate, and local substantive and procedural
requirements referred to in this subsection include, but are not
limited to, all administrative orders and all civil and administrative
penalties and fines, regardless of whether such penalties or fines
are punitive or coercive in nature or are imposed for isolated,
intermittent, or continuing violations. The United States hereby
expressly waives any immunity otherwise applicable to the United
States with respect to any such substantive or procedural require-
ment (including, but not limited to, any injunctive relief, administra-
tive order or civil or administrative penalty or fine referred to
in the preceding sentence, or reasonable service charge). The reason-
able service charges referred to in this subsection include, but
are not limited to, fees or charges assessed in connection with
the processing and issuance of permits, renewal of permits, amend-
ments to permits, review of plans, studies, and other documents,
and inspection and monitoring of facilities, as well as any other
nondiscriminatory charges that are assessed in connection with
a Federal, State, interstate, or local underground storage tank
regulatory program. Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or exempt from any
process or sanction of any State or Federal Court with respect
to the enforcement of any such injunctive relief. No agent, employee,
or officer of the United States shall be personally liable for any
civil penalty under any Federal, State, interstate, or local law
concerning underground storage tanks with respect to any act or
omission within the scope of the official duties of the agent,
employee, or officer. An agent, employee, or officer of the United
States shall be subject to any criminal sanction (including, but
not limited to, any fine or imprisonment) under any Federal or
State law concerning underground storage tanks, but no depart-
ment, agency, or instrumentality of the executive, legislative, or
judicial branch of the Federal Government shall be subject to any
Penalties.
Exemptions.
VerDate 14-DEC-2004 10:21 Sep 09, 2005 Jkt 039139 PO 00058 Frm 00508 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL058.109 APPS10 PsN: PUBL058