---
kind: "section"
citation: "10 U.S.C. § 2692"
title: "10"
title_heading: "Armed Forces"
number: "2692"
heading: "Storage, treatment, and disposal of nondefense toxic and hazardous materials"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2692"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property"
---

# §2692. Storage, treatment, and disposal of nondefense toxic and hazardous materials

- (a)
  - (1) Except as otherwise provided in this section, the [Secretary](/usc/10/4951.md?p=3) of Defense may not permit the use of an installation of the [Department](/usc/10/101.md?p=a-6) of Defense for the storage, treatment, or [disposal](/usc/10/2700.md?p=2) of any material that is a toxic or hazardous material and that is not owned either by the [Department](/usc/10/101.md?p=a-6) of Defense or by a member of the [armed forces](/usc/10/101.md?p=a-4) (or a [dependent](/usc/10/1072.md?p=2) of the member) assigned to or provided [military](/usc/10/801.md?p=8) housing on the installation.
  - (2) The [Secretary](/usc/10/4951.md?p=3) of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in [section 101(14)](/usc/10/101.md) of the Comprehensive Environmental [Response](/usc/10/2700.md?p=2), Compensation, and Liability Act of 1980 ([42 U.S.C. 9601(14)](/usc/42/9601.md?p=14)) and materials designated under [section 102](/usc/10/102.md) of that Act ([42 U.S.C. 9602](/usc/42/9602.md)) and shall include materials that are of an explosive, flammable, or pyrotechnic nature.
- (b) [Subsection (a)](#a) does not apply to the following:
  - (1) The storage, treatment, or [disposal](/usc/10/2700.md?p=2) of materials that will be or have been used in connection with an activity of the [Department](/usc/10/101.md?p=a-6) of Defense or in connection with a service to be performed on an installation of the [Department](/usc/10/101.md?p=a-6) for the benefit of the [Department](/usc/10/101.md?p=a-6).
  - (2) The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the [Administrator](/usc/10/2700.md?p=3) of General Services.
  - (3) The temporary storage or [disposal](/usc/10/2700.md?p=2) of explosives in order to protect the public or to assist [agencies](/usc/10/3451.md?p=3) responsible for Federal, [State](/usc/10/4951.md?p=4), or local law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or [disposal](/usc/10/2700.md?p=2) is made in accordance with an agreement between the [Secretary](/usc/10/4951.md?p=3) of Defense and the head of the Federal, [State](/usc/10/4951.md?p=4), or local [agency](/usc/10/3451.md?p=3) concerned.
  - (4) The temporary storage or [disposal](/usc/10/2700.md?p=2) of explosives in order to provide emergency lifesaving assistance to civil authorities.
  - (5) The [disposal](/usc/10/2700.md?p=2) of excess explosives produced under a [Department](/usc/10/101.md?p=a-6) of Defense contract, if the head of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned determines, in each case, that an alternative feasible means of [disposal](/usc/10/2700.md?p=2) is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements.
  - (6) The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the [Secretary](/usc/10/4951.md?p=3) of Energy.
  - (7) The storage of materials that constitute [military](/usc/10/801.md?p=8) resources intended to be used during peacetime civil emergencies in accordance with applicable [Department](/usc/10/101.md?p=a-6) of Defense regulations.
  - (8) The temporary storage of materials of other Federal [agencies](/usc/10/3451.md?p=3) in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency.
  - (9) The storage of any material that is not owned by the [Department](/usc/10/101.md?p=a-6) of Defense if the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned determines that the material is required or generated in connection with the authorized and compatible use of a [facility](/usc/10/2700.md?p=2) of the [Department](/usc/10/101.md?p=a-6) of Defense, including the use of such a [facility](/usc/10/2700.md?p=2) for testing material or [training](/usc/10/301.md?p=9) personnel.
  - (10) The treatment and [disposal](/usc/10/2700.md?p=2) of any material that is not owned by the [Department](/usc/10/101.md?p=a-6) of Defense if the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned determines that the material is required or generated in connection with the authorized and compatible use of a [facility](/usc/10/2700.md?p=2) of that [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) and the [Secretary](/usc/10/4951.md?p=3) enters into a contract or agreement with the prospective user that—
    - (A) is consistent with the best interest of national defense and environmental security; and
    - (B) provides for the prospective user’s continued financial and environmental responsibility and liability with regard to the material.
  - (11) The storage of any material that is not owned by the [Department](/usc/10/101.md?p=a-6) of Defense if the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned determines that the material is required or generated in connection with the use of a space launch [facility](/usc/10/2700.md?p=2) located on an installation of the [Department](/usc/10/101.md?p=a-6) of Defense or on other land controlled by the [United States](/usc/10/101.md?p=a-1).
- (c) The [Secretary](/usc/10/4951.md?p=3) of Defense may grant exceptions to [subsection (a)](#a) when essential to protect the health and safety of the public from imminent danger if the [Secretary](/usc/10/4951.md?p=3) otherwise determines the exception is essential and if the storage or [disposal](/usc/10/2700.md?p=2) authorized does not compete with private enterprise.
- (d)
  - (1) The [Secretary](/usc/10/4951.md?p=3) may assess a charge for any storage or [disposal](/usc/10/2700.md?p=2) provided under this section. Any such charge shall be on a reimbursable cost basis.
  - (2) In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or [disposal](/usc/10/2700.md?p=2) authorized under this section, the storage or [disposal](/usc/10/2700.md?p=2) authorized shall be terminated as determined by the [Secretary](/usc/10/4951.md?p=3).

## Source credit

(Added Pub. L. 98–407, title VIII, § 805(a), Aug. 28, 1984, 98 Stat. 1520; amended Pub. L. 102–484, div. B, title XXVIII, § 2852, Oct. 23, 1992, 106 Stat. 2625; Pub. L. 103–337, div. A, title III, § 325, Oct. 5, 1994, 108 Stat. 2711; Pub. L. 105–85, div. A, title III, § 343(a)–(g)(2), Nov. 18, 1997, 111 Stat. 1686, 1687; Pub. L. 106–65, div. A, title X, § 1066(a)(25), Oct. 5, 1999, 113 Stat. 772; Pub. L. 109–364, div. A, title X, § 1071(a)(21), Oct. 17, 2006, 120 Stat. 2399.)

## Notes

### Editorial Notes

### Amendments

2006—Subsec. (b)(9). Pub. L. 109–364 substituted “testing material” for “testing materiel”.

1999—Subsec. (b). Pub. L. 106–65 substituted “apply to the following:” for “apply to—” in introductory provisions, “The” for “the” at the beginning of each of pars. (1) to (11), a period for the semicolon at the end of each of pars. (1) to (9), and a period for “; and” at the end of par. (10).

1997—Pub. L. 105–85, § 343(g)(2), substituted “Storage, treatment, and” for “Storage and” in section catchline.

Subsec. (a)(1). Pub. L. 105–85, § 343(g)(1), substituted “storage, treatment, or disposal” for “storage or disposal”.

Pub. L. 105–85, § 343(a), substituted “either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation” for “by the Department of Defense”.

Subsec. (b)(1), (2). Pub. L. 105–85, § 343(b), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 105–85, § 343(b)(1), (c), redesignated par. (2) as (3) and substituted “Federal, State, or local law enforcement” for “Federal law enforcement” and “Federal, State, or local agency” for “Federal agency”. Former par. (3) redesignated (4).

Subsec. (b)(4) to (8). Pub. L. 105–85, § 343(b)(1), redesignated pars. (3) to (7) as (4) to (8), respectively. Former par. (8) redesignated (9).

Subsec. (b)(9). Pub. L. 105–85, § 343(b)(1), (d), redesignated par. (8) as (9) and substituted “in connection with the authorized and compatible use of a” for “by a private person in connection with the authorized and compatible use by that person of an industrial-type” and “, including the use of such a facility for testing materiel or training personnel;” for “; and”. Former par. (9) redesignated (10).

Subsec. (b)(10). Pub. L. 105–85, § 343(b)(1), (e), redesignated par. (9) as (10) and substituted “in connection with the authorized and compatible use of a” for “by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type”, “or agreement with the prospective user” for “with that person”, “for the prospective user’s” for “for that person’s”, and “; and” for period at end.

Subsec. (b)(11). Pub. L. 105–85, § 343(f), added par. (11).

1994—Subsec. (b)(9). Pub. L. 103–337 added par. (9).

1992—Subsec. (b)(8). Pub. L. 102–484 added par. (8).

### Statutory Notes and Related Subsidiaries

### Savings Provision

Pub. L. 105–85, div. A, title III, § 343(h), Nov. 18, 1997, 111 Stat. 1688, provided that: “Nothing in the amendments made by this section [amending this section] is intended to modify environmental laws or laws relating to the siting of facilities.”