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B-246822.2 1 (1992-02-03)

handle is hein.gao/gaobachbh0001 and id is 1 raw text is: 


             United Staus
GAO          Gened Acmunti Offiee
             Washikmb W~C 20W4

             Own tlote Gom CosUl
             8-246822.2

             February 3, 1992


             The Honorable John Conyers, Jr.
             Chairman, Committee on Government Operations
             House of Representatives

             Dear Mr. Chairman:

             This responds to your January 10, 1992, letter written
             jointly with Representative Boxer, requesting a fact paper
             analyzing the relationship between the Compr~ae~asve
             Environmental Response, Compensation, and Liability Act.
             (CERCLA) and the Department of Defense (DOD) allowable
             cost provisions at 10 U      § 2324, with respect to th*
             allocatioi of responsib4,lity for payment of environmentI
             cleanup iosts.



             CERCLA--also known as Superfund--requires responsible
             parties to clean up hazardous wasite sites and other
             dangerous chemical releases or -to reimburse the government
             for the cost of the cleanup. Under CERCLApast andpresent
             owners and operators, transp6rters, and generators of
             hazardous waste are strictly, jointly and severally liable
             for hazardous waste cleanup.2

             Federal agencies, as well as private parties, must comply
             with CERCLA requirements.  In addition, CERCLA's 1986
             amendments, the Superfund Amendments and Reauthorization Act
             (SARA), specifically provide that CERCLA applies to
             facilities owned or operated by a department, agency, or
             instrumentality of the United States,  in the same manner
             and to the extent.2 '  it applies to other facilitieso3 WJhere
             the cleanup sit~e is owned and operated by a DOD contractor,
             DOD may share liability for hazardous waste cleanup if it
             arranged for disposal or reatment   or arranged transport


             Pubo L. No. 96-510, 94 Stat. 2762 (codified in part as
             arnended at 42 UoS.C. 9601-9657). S   the Short Title note
             urder 42 UoSoC. § 9601 for a complete classification of
             RCLA to the US Code
             24 U.S.C. § 9607a

             :Put 1. NO   99-499, § 120. 00 Stat  1614 {codified at


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