§35.6155. State, political subdivision or Indian Tribe-lead enforcement Cooperative Agreements.
40 C.F.R. § 35.6155
The State, political subdivision or Indian Tribe must comply with the requirements described in § 35.6105 (a)(1) through (a)(3), as appropriate.
The CERCLA section 104 assurances described in § 35.6105(b) are not applicable for enforcement Cooperative Agreements.
Before an enforcement Cooperative Agreement is awarded, the State, political subdivision or Indian Tribe must:
Assure EPA that it will notify and consult with EPA promptly if the recipient determines that its laws or other restrictions prevent the recipient from acting consistently with CERCLA; and
If the applicant is seeking funds for oversight of PRP cleanup, the applicant must:
Demonstrate that the proposed Statement of Work or cleanup plan prepared by the PRP satisfies the recipient's enforcement goals for those instances in which the recipient is seeking funding for oversight of PRP cleanup activities negotiated under the recipient's own enforcement authorities; and
Demonstrate that the PRP has the capability to attain the goals set forth in the plan;
Demonstrate that it has taken all necessary action to compel PRPs to fund the oversight of cleanup activities negotiated under the recipient's enforcement authorities.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 9601 et seq.
Source
Source: 72 FR 24504, May 2, 2007, unless otherwise noted.
Authority
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.