42 U.S.C. § 9623

Reimbursement to local governments

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(a) Application

Any general purpose unit of local government for a political subdivision which is affected by a release or threatened release at any facility may apply to the President for reimbursement under this section.

(b) Reimbursement(1) Temporary emergency measures

The President is authorized to reimburse local community authorities for expenses incurred (before or after October 17, 1986) in carrying out temporary emergency measures necessary to prevent or mitigate injury to human health or the environment associated with the release or threatened release of any hazardous substance or pollutant or contaminant. Such measures may include, where appropriate, security fencing to limit access, response to fires and explosions, and other measures which require immediate response at the local level.

(2) Local funds not supplanted

Reimbursement under this section shall not supplant local funds normally provided for response.

The amount of any reimbursement to any local authority under subsection (b)(1) may not exceed $25,000 for a single response. The reimbursement under this section with respect to a single facility shall be limited to the units of local government having jurisdiction over the political subdivision in which the facility is located.

(d) Procedure

Reimbursements authorized pursuant to this section shall be in accordance with rules promulgated by the Administrator within one year after October 17, 1986.

(Pub. L. 96–510, title I, § 123, as added Pub. L. 99–499, title I, § 123(a), Oct. 17, 1986, 100 Stat. 1688.)

Notes of Decisions

Cited in 2 cases, 1988–1993 · leading case: City of New York v. Exxon Corp., 697 F. Supp. 677 (S.D.N.Y. 1988).

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City of New York v. Exxon Corp., 697 F. Supp. 677 (S.D.N.Y. 1988). “§ 9604 (i)(15) (role of Agency for Toxic Substance and Disease Registry to be carried out directly or through agreements with states or their political subdivisions), and § 123(b)(1), 42 U.S.C. § 9623 (b)(1) (Superfund may be used to reimburse local governments for costs…”

City of New York v. Chem. Waste Disposal Corp., 836 F. Supp. 968 (E.D.N.Y 1993). “§ 9611 (e)(ll); and section 123(b)(1), 42 U.S.C. § 9623 (b)(1). Although the structure of CERCLA supports the City’s contention that it is not in many respects a private party, it does not support the conclusion that it should be treated as a state for the purposes of section…”

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