
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: 10USC7311]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                       CHAPTER 633--NAVAL VESSELS
 
Sec. 7311. Repair or maintenance of naval vessels: handling of 
        hazardous waste
        
    (a) Contractual Provisions.--The Secretary of the Navy shall ensure 
that each contract entered into for work on a naval vessel (other than 
new construction) includes the following provisions:
        (1) Identification of hazardous wastes.--A provision in which 
    the Navy identifies the types and amounts of hazardous wastes that 
    are required to be removed by the contractor from the vessel, or 
    that are expected to be generated, during the performance of work 
    under the contract, with such identification by the Navy to be in a 
    form sufficient to enable the contractor to comply with Federal and 
    State laws and regulations on the removal, handling, storage, 
    transportation, or disposal of hazardous waste.
        (2) Compensation.--A provision specifying that the contractor 
    shall be compensated under the contract for work performed by the 
    contractor for duties of the contractor specified under paragraph 
    (3).
        (3) Statement of work.--A provision specifying the 
    responsibilities of the Navy and of the contractor, respectively, 
    for the removal (including the handling, storage, transportation, 
    and disposal) of hazardous wastes.
        (4) Accountability for hazardous wastes.--(A) A provision 
    specifying the following:
            (i) In any case in which the Navy is the sole generator of 
        hazardous waste that is removed, handled, stored, transported, 
        or disposed of by the contractor in the performance of the 
        contract, all contracts, manifests, invoices, and other 
        documents related to the removal, handling, storage, 
        transportation, or disposal of such hazardous waste shall bear a 
        generator identification number issued to the Navy pursuant to 
        applicable law.
            (ii) In any case in which the contractor is the sole 
        generator of hazardous waste that is removed, handled, stored, 
        transported, or disposed of by the contractor in the performance 
        of the contract, all contracts, manifests, invoices, and other 
        documents related to the removal, handling, storage, 
        transportation, or disposal of such hazardous waste shall bear a 
        generator identification number issued to the contractor 
        pursuant to applicable law.
            (iii) In any case in which both the Navy and the contractor 
        are generators of hazardous waste that is removed, handled, 
        stored, transported, or disposed of by the contractor in the 
        performance of the contract, all contracts, manifests, invoices, 
        and other documents related to the removal, handling, storage, 
        transportation, or disposal of such hazardous waste shall bear 
        both a generator identification number issued to the Navy and a 
        generator identification number issued to the contractor 
        pursuant to applicable law.

        (B) A determination under this paragraph of whether the Navy is 
    a generator, a contractor is a generator, or both the Navy and a 
    contractor are generators, shall be made in the same manner provided 
    under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et 
    seq.) and regulations promulgated under that subtitle.

    (b) Renegotiation of Contract.--The Secretary of the Navy shall 
renegotiate a contract described in subsection (a) if--
        (1) the contractor, during the performance of work under the 
    contract, discovers hazardous wastes different in type or amount 
    from those identified in the contract; and
        (2) those hazardous wastes originated on, or resulted from 
    material furnished by the Government for, the naval vessel on which 
    the work is being performed.

    (c) Removal of Wastes.--The Secretary of the Navy shall remove known 
hazardous wastes from a vessel before the vessel's arrival at a 
contractor's facility for performance of a contract, to the extent such 
removal is feasible.
    (d) Relationship to Solid Waste Disposal Act.--Nothing in this 
section shall be construed as altering or otherwise affecting those 
provisions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) that 
relate to generators of hazardous waste. For purposes of this section, 
any term used in this section for which a definition is provided by the 
Solid Waste Disposal Act (or regulations promulgated pursuant to such 
Act) has the meaning provided by that Act or regulations.

(Added Pub. L. 99-661, div. A, title XII, Sec. 1202(a), Nov. 14, 1986, 
100 Stat. 3967; amended Pub. L. 101-189, div. A, title XVI, 
Sec. 1611(a), Nov. 29, 1989, 103 Stat. 1599.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsecs. (a)(4)(B) and 
(d), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as 
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 
2795, which is classified generally to chapter 82 (Sec. 6901 et seq.) of 
Title 42, The Public Health and Welfare. Subtitle C of the Solid Waste 
Disposal Act is classified generally to subchapter III (Sec. 6921 et 
seq.) of chapter 82 of Title 42. For complete classification of this Act 
to the Code, see Short Title note set out under section 6901 of Title 42 
and Tables.


                               Amendments

    1989--Pub. L. 101-189 amended section generally, substituting 
subsecs. (a) to (d) for former subsecs. (a) relating to contractual 
provisions, and (b) relating to renegotiation of contract.


                    Effective Date of 1989 Amendment

    Section 1611(b) of Pub. L. 101-189 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to any contract for work on a naval vessel (other than new construction) 
entered into after the end of the 90-day period beginning on the date of 
the enactment of this Act [Nov. 29, 1989].''

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 6939d.
