10 U.S.C. § 2708: Contracts for handling hazardous waste from defense facilities

the contractor’s or subcontractor’s breach of any term or provision of the contract or subcontract; and any negligent or willful act or omission of the contractor or subcontractor, or the employees of the contractor or subcontractor, in the performance of the contract or subcontract. Not later than 30 days after such a contract or subcontract is awarded, the contractor or subcontractor shall demonstrate that the contractor or subcontractor will reimburse the Federal Government as provided in paragraph (1). Except as provided in paragraph (2), this section applies to each contract entered into by the Secretary of Defense or the Secretary of a military department, and any subcontract under any such contract, with an owner or operator of a hazardous waste treatment or disposal facility during fiscal years 1992 through 1996 for the offsite treatment or disposal of hazardous wastes from a facility under the jurisdiction of the Secretary of Defense. any contract or subcontract to perform remedial action or corrective action under the Defense Environmental Restoration Program, other programs or activities of the Department of Defense, or authorized State hazardous waste programs; any contract or subcontract under which the generation of the hazardous waste to be disposed of is incidental to the performance of the contract; or any contract or subcontract to dispose of ammunition or solid rocket motors. there is only one responsible offeror or there is no responsible offeror willing to provide the reimbursement required by subsection (a) for such contract; or failure to award the contract would place the facility concerned in violation of any requirement of the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.), The term “hazardous waste” has the meaning given that term by section 1004(5) of the Solid Waste Disposal Act ( 42 U.S.C. 6903(5) ), except that such term also includes polychlorinated biphenyls. The term “remedial action” has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(24) ). The term “corrective action” has the meaning given that term under section 3004(u) of the Solid Waste Disposal Act ( 42 U.S.C. 6924(u) ). The term “polychlorinated biphenyls” has the meaning given that term under section 6(e) of the Toxic Substances Control Act ( 15 U.S.C. 2605(e) ). Nothing in this section shall affect the liability of the Federal Government under any Federal or State law or under common law.