---
kind: "section"
citation: "10 U.S.C. § 2708"
title: "10"
title_heading: "Armed Forces"
number: "2708"
heading: "Contracts for handling hazardous waste from defense facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2708"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 160 — Environmental Restoration"
---

# §2708. Contracts for handling hazardous waste from defense facilities

- (a) **Reimbursement Requirement.—**
  - (1) Each contract or [subcontract](/usc/10/3701.md?p=2) to which this section applies shall provide that, upon receipt of [hazardous wastes](/usc/10/2700.md?p=2) 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](/usc/10/3701.md?p=2); 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](/usc/10/3701.md?p=2).
  - (2) Not later than 30 days after such a contract or [subcontract](/usc/10/3701.md?p=2) is awarded, the contractor or subcontractor shall demonstrate that the contractor or subcontractor will reimburse the Federal Government as provided in [paragraph (1)](#a-1).
- (b) **Applicability.—**
  - (1) Except as provided in [paragraph (2)](#b-2), this section applies to each contract entered into by the [Secretary](/usc/10/4951.md?p=3) of Defense or the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6), and any [subcontract](/usc/10/3701.md?p=2) under any such contract, with an owner or operator of a [hazardous waste](/usc/10/2700.md?p=2) treatment or [disposal](/usc/10/2700.md?p=2) [facility](/usc/10/2700.md?p=2) during fiscal years 1992 through 1996 for the offsite treatment or [disposal](/usc/10/2700.md?p=2) of [hazardous wastes](/usc/10/2700.md?p=2) from a [facility](/usc/10/2700.md?p=2) under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3) of Defense.
  - (2) This section does not apply to—
    - (A) any contract or [subcontract](/usc/10/3701.md?p=2) to perform remedial action or corrective action under the Defense Environmental Restoration [Program](/usc/10/2101.md?p=1), other [programs](/usc/10/2101.md?p=1) or activities of the [Department](/usc/10/101.md?p=a-6) of Defense, or authorized [State](/usc/10/4951.md?p=4) [hazardous waste](/usc/10/2700.md?p=2) [programs](/usc/10/2101.md?p=1);
    - (B) any contract or [subcontract](/usc/10/3701.md?p=2) under which the generation of the [hazardous waste](/usc/10/2700.md?p=2) to be disposed of is incidental to the performance of the contract; or
    - (C) any contract or [subcontract](/usc/10/3701.md?p=2) to dispose of ammunition or solid rocket motors.
- (c) **Exception to Reimbursement Requirement.—** Notwithstanding [subsection (a)](#a), in the case of any contract to which this section applies, if the [Secretary](/usc/10/4951.md?p=3) of Defense or 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—
  - (1) there is only one responsible offeror or there is no responsible offeror willing to provide the reimbursement required by [subsection (a)](#a) for such contract; or
  - (2) failure to award the contract would place the [facility](/usc/10/2700.md?p=2) concerned in violation of any requirement of the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.),

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

- (d) **Definitions.—** In this section:
  - (1) The term “[hazardous waste](/usc/10/2700.md?p=2)” has the meaning given that term by section 1004(5) of the Solid Waste Disposal Act ([42 U.S.C. 6903(5)](/usc/42/6903.md?p=5)), except that such term also [includes](/usc/10/101.md?p=g-4) polychlorinated biphenyls.
  - (2) The term “remedial action” has the meaning given that term by [section 101(24)](/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(24)](/usc/42/9601.md?p=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)](/usc/42/6924.md?p=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)](/usc/15/2605.md?p=e)).
- (e) **Effect on Liability.—** Nothing in this section shall affect the liability of the Federal Government under any Federal or [State](/usc/10/4951.md?p=4) law or under common law.

## Source credit

(Added Pub. L. 102–190, div. A, title III, § 331(a)(1), Dec. 5, 1991, 105 Stat. 1339; amended Pub. L. 102–484, div. A, title III, § 321, title X, § 1052(36), Oct. 23, 1992, 106 Stat. 2365, 2501; Pub. L. 103–160, div. A, title X, § 1004, Nov. 30, 1993, 107 Stat. 1748.)

## Notes

### 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].”