
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6992e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
       SUBCHAPTER X--DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM
 
Sec. 6992e. Federal facilities


(a) In general

    Each department, agency, and instrumentality of the executive, 
legislative, and judicial branches of the Federal Government in a 
demonstration State (1) having jurisdiction over any solid waste 
management facility or disposal site at which medical waste is disposed 
of or otherwise handled, or (2) engaged in any activity resulting, or 
which may result, in the disposal, management, or handling of medical 
waste shall be subject to, and comply with, all Federal, State, 
interstate, and local requirements, both substantive and procedural 
(including any requirement for permits or reporting or any provisions 
for injunctive relief and such sanctions as may be imposed by a court to 
enforce such relief), respecting control and abatement of medical waste 
disposal and management in the same manner, and to the same extent, as 
any person is subject to such requirements, including the payment of 
reasonable service charges. The Federal, State, interstate, and local 
substantive and procedural requirements referred to in this subsection 
include, but are not limited to, all administrative orders, civil, 
criminal, and administrative penalties, and other sanctions, including 
injunctive relief, fines, and imprisonment. Neither the United States, 
nor any agent, employee, or officer thereof, shall be immune or exempt 
from any process or sanction of any State or Federal court with respect 
to the enforcement of any such order, penalty, or other sanction. For 
purposes of enforcing any such substantive or procedural requirement 
(including, but not limited to, any injunctive relief, administrative 
order, or civil, criminal, administrative penalty, or other sanction), 
against any such department, agency, or instrumentality, the United 
States hereby expressly waives any immunity otherwise applicable to the 
United States. The President may exempt any department, agency, or 
instrumentality in the executive branch from compliance with such a 
requirement if he determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted due to lack 
of appropriation unless the President shall have specifically requested 
such appropriation as a part of the budgetary process and the Congress 
shall have failed to make available such requested appropriation. Any 
exemption shall be for a period not in excess of one year, but 
additional exemptions may be granted for periods not to exceed one year 
upon the President's making a new determination. The President shall 
report each January to the Congress all exemptions from the requirements 
of this section granted during the preceding calendar year, together 
with his reason for granting each such exemption.

(b) ``Person'' defined

    For purposes of this chapter, the term ``person'' shall be treated 
as including each department, agency, and instrumentality of the United 
States.

(Pub. L. 89-272, title II, Sec. 11006, as added Pub. L. 100-582, 
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2954.)
