
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2692]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2692. Storage, treatment, and disposal of nondefense toxic 
        and hazardous materials
        
    (a)(1) Except as otherwise provided in this section, the Secretary 
of Defense may not permit the use of an installation of the Department 
of Defense for the storage, treatment, or disposal of any material that 
is a toxic or hazardous material and that is not owned 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.
    (2) The Secretary 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) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601(14)) and materials designated under section 
102 of that Act (42 U.S.C. 9602) and shall include materials that are of 
an explosive, flammable, or pyrotechnic nature.
    (b) Subsection (a) does not apply to the following:
        (1) The storage, treatment, or disposal of materials that will 
    be or have been used in connection with an activity of the 
    Department of Defense or in connection with a service to be 
    performed on an installation of the Department for the benefit of 
    the Department.
        (2) The storage of strategic and critical materials in the 
    National Defense Stockpile under an agreement for such storage with 
    the Administrator of General Services.
        (3) The temporary storage or disposal of explosives in order to 
    protect the public or to assist agencies responsible for Federal, 
    State, or local law enforcement in storing or disposing of 
    explosives when no alternative solution is available, if such 
    storage or disposal is made in accordance with an agreement between 
    the Secretary of Defense and the head of the Federal, State, or 
    local agency concerned.
        (4) The temporary storage or disposal of explosives in order to 
    provide emergency lifesaving assistance to civil authorities.
        (5) The disposal of excess explosives produced under a 
    Department of Defense contract, if the head of the military 
    department concerned determines, in each case, that an alternative 
    feasible means of disposal 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 of Energy.
        (7) The storage of materials that constitute military resources 
    intended to be used during peacetime civil emergencies in accordance 
    with applicable Department of Defense regulations.
        (8) The temporary storage of materials of other Federal agencies 
    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 of Defense if the Secretary of the military department 
    concerned determines that the material is required or generated in 
    connection with the authorized and compatible use of a facility of 
    the Department of Defense, including the use of such a facility for 
    testing materiel \1\ or training personnel.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``material''.
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        (10) The treatment and disposal of any material that is not 
    owned by the Department of Defense if the Secretary of the military 
    department concerned determines that the material is required or 
    generated in connection with the authorized and compatible use of a 
    facility of that military department and the Secretary 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 of Defense if the Secretary of the military department 
    concerned determines that the material is required or generated in 
    connection with the use of a space launch facility located on an 
    installation of the Department of Defense or on other land 
    controlled by the United States.

    (c) The Secretary of Defense may grant exceptions to subsection (a) 
when essential to protect the health and safety of the public from 
imminent danger if the Secretary otherwise determines the exception is 
essential and if the storage or disposal authorized does not compete 
with private enterprise.
    (d)(1) The Secretary may assess a charge for any storage or disposal 
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 authorized under this section, the storage or 
disposal authorized shall be terminated as determined by the Secretary.

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


                               Amendments

    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, Sec. 343(g)(2), substituted ``Storage, 
treatment, and'' for ``Storage and'' in section catchline.
    Subsec. (a)(1). Pub. L. 105-85, Sec. 343(g)(1), substituted 
``storage, treatment, or disposal'' for ``storage or disposal''.
    Pub. L. 105-85, Sec. 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, Sec. 343(b), added par. (1) and 
redesignated former par. (1) as (2). Former par. (2) redesignated (3).
    Subsec. (b)(3). Pub. L. 105-85, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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).


                            Savings Provision

    Section 343(h) of Pub. L. 105-85 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.''
