
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: 42USC9617]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9617. Public participation


(a) Proposed plan

    Before adoption of any plan for remedial action to be undertaken by 
the President, by a State, or by any other person, under section 9604, 
9606, 9620, or 9622 of this title, the President or State, as 
appropriate, shall take both of the following actions:
        (1) Publish a notice and brief analysis of the proposed plan and 
    make such plan available to the public.
        (2) Provide a reasonable opportunity for submission of written 
    and oral comments and an opportunity for a public meeting at or near 
    the facility at issue regarding the proposed plan and regarding any 
    proposed findings under section 9621(d)(4) of this title (relating 
    to cleanup standards). The President or the State shall keep a 
    transcript of the meeting and make such transcript available to the 
    public.

The notice and analysis published under paragraph (1) shall include 
sufficient information as may be necessary to provide a reasonable 
explanation of the proposed plan and alternative proposals considered.

(b) Final plan

    Notice of the final remedial action plan adopted shall be published 
and the plan shall be made available to the public before commencement 
of any remedial action. Such final plan shall be accompanied by a 
discussion of any significant changes (and the reasons for such changes) 
in the proposed plan and a response to each of the significant comments, 
criticisms, and new data submitted in written or oral presentations 
under subsection (a) of this section.

(c) Explanation of differences

    After adoption of a final remedial action plan--
        (1) if any remedial action is taken,
        (2) if any enforcement action under section 9606 of this title 
    is taken, or
        (3) if any settlement or consent decree under section 9606 of 
    this title or section 9622 of this title is entered into,

and if such action, settlement, or decree differs in any significant 
respects from the final plan, the President or the State shall publish 
an explanation of the significant differences and the reasons such 
changes were made.

(d) Publication

    For the purposes of this section, publication shall include, at a 
minimum, publication in a major local newspaper of general circulation. 
In addition, each item developed, received, published, or made available 
to the public under this section shall be available for public 
inspection and copying at or near the facility at issue.

(e) Grants for technical assistance

                            (1) Authority

        Subject to such amounts as are provided in appropriations Acts 
    and in accordance with rules promulgated by the President, the 
    President may make grants available to any group of individuals 
    which may be affected by a release or threatened release at any 
    facility which is listed on the National Priorities List under the 
    National Contingency Plan. Such grants may be used to obtain 
    technical assistance in interpreting information with regard to the 
    nature of the hazard, remedial investigation and feasibility study, 
    record of decision, remedial design, selection and construction of 
    remedial action, operation and maintenance, or removal action at 
    such facility.

                             (2) Amount

        The amount of any grant under this subsection may not exceed 
    $50,000 for a single grant recipient. The President may waive the 
    $50,000 limitation in any case where such waiver is necessary to 
    carry out the purposes of this subsection. Each grant recipient 
    shall be required, as a condition of the grant, to contribute at 
    least 20 percent of the total of costs of the technical assistance 
    for which such grant is made. The President may waive the 20 percent 
    contribution requirement if the grant recipient demonstrates 
    financial need and such waiver is necessary to facilitate public 
    participation in the selection of remedial action at the facility. 
    Not more than one grant may be made under this subsection with 
    respect to a single facility, but the grant may be renewed to 
    facilitate public participation at all stages of remedial action.

(Pub. L. 96-510, title I, Sec. 117, as added Pub. L. 99-499, title I, 
Sec. 117, Oct. 17, 1986, 100 Stat. 1654.)

                  Section Referred to in Other Sections

    This section is referred to in sections 9611, 9613, 9620 of this 
title.
