Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife
Federal Facilities Compliance Act
Federal Facilities Compliance Act -- Public Law 102-386, signed October 6, 1992
(106 Stat. 1505) amended the Solid Waste Disposal Act. The following provisions
affect the Fish and Wildlife Service:
- 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
- "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
- 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
The legislative history includes: House Report 102-111 and House Report
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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