Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Federal Facilities Compliance Act

• All Federal agencies are subject to all substantive and procedural requirements of Federal, State, and local solid and hazardous waste laws in the same manner as any private party.

• The sovereign immunity of the United States is expressly waived in all such cases.

• "Substantive and procedural requirements" of such law include all administrative orders, civil and administrative fines and penalties, and reasonable service charges imposed for issuing and reviewing permits, plans and studies, and inspecting facilities.

• Employees, officers, and agents of the United States may not be liable for civil penalties under any such law for actions committed within the scope of that person's official duties, but such persons may be liable for criminal penalties.

• The Administrator of EPA is authorized to commence an administrative enforcement action against any Federal agency or department in the same manner as against a private party.

• Agencies must reimburse EPA for the required annual inspections of agency hazardous waste facilities, and for EPA to conduct a comprehensive ground water monitoring evaluation at the first inspection of each such site conducted after October 6, 1992 (unless such an evaluation has been conducted within the preceding year).

• In consultation with the Secretary of Defense, EPA is required to propose regulations identifying when military munitions become hazardous waste, and providing for the safe transportation and storage of such waste.

• Federally owned wastewater treatment works are not to be considered hazardous waste facilities if most of the water treated consists of domestic sewage, and certain other specified requirements are met. Introduction of a hazardous waste into a Federally owned wastewater treatment works is prohibited.

The legislative history includes: House Report 102-111 and House Report 102-886.

The Assistant Director for Ecological Services (Division of Environmental Contaminants) has overall responsibility for implementation of the Solid Waste Disposal Act within the Service. The Divisions of Refuges and Fish Hatcheries have oversight responsibilities for compliance at refuges and hatcheries, respectively, and the Regional Directors are responsible for compliance by the facilities under their purview.

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