§ 8681. Repair or maintenance of naval vessels: handling of hazardous waste

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XII § 1202(a) · 100 Stat. 3816

   Enacted · 10 U.S.C. § 8681

   Added Pub. L. 99–661, div. A, title XII, § 1202(a), Nov. 14, 1986, 100 Stat. 3967, § 7311

   Source evidence

   Code source credit
   Added Pub. L. 99–661, div. A, title XII, § 1202(a), Nov. 14, 1986, 100 Stat. 3967, § 7311

   Enacted provision · exact public law section
   (a) Required Contract Provisions.— Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section: “§7311. Repair or maintenance of naval vessels: handling of hazardous waste “(a) Contractual Provisions.— The Secretary of the Navy shall ensure that a contract entered into for repair or maintenance of a naval vessel includes the following provisions: “(1) Identification of hazardous wastes.— Provisions identifying the type and amounts of hazardous wastes that are expected to be generated during the performance of the repair or maintenance. “(2) Compensation.— Provisions 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.— Provisions mutually acceptable to the Navy and the contractor specifying the responsibilities of the Navy and of the contractor, respectively, for the removal, handling, storage, transportation, and disposal of hazardous wastes generated during the performance of the repair or maintenance. “(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 repair or maintenance under the contract, discovers hazardous wastes different in type or amount from those identified in the contract; and “(2) such hazardous wastes originated on the naval vessel on which the repair or maintenance is being performed.”.

2. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XVI § 1611(a) · 103 Stat. 1352

   1. Amended · 10 U.S.C. § 8681

      Pub. L. 101–189 amended section generally

   2. Substituted · 10 U.S.C. § 8681

      Pub. L. 101–189 substituting subsecs. (a) to (d) for former subsecs. (a) relating to contractual provisions, and (b) relating to renegotiation of contract

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Revision of Required Contract Provisions.— Section 7311 of title 10, United States Code, is amended to read as follows: “§ 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 regula-tions 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.”.

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 807(d)(2) · 132 Stat. 1636

   Changed · 10 U.S.C. § 8681

   Pub. L. 115–232 renumbered section 7311 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 7311 of this title as this section.

   Enacted provision · exact public law section
   (2) Chapter 633.— Each section in chapter 633 is 10 USC 8661–8664, 8667, 8669–8671, 8673–8690. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

4 of 4 references resolved to an enrolled provision