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US (United States) Code. Title 42. Chapter 103: Comprehensive environmental response, compensation and liability

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-CITE-

42 USC CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL

RESPONSE, COMPENSATION, AND LIABILITY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

-HEAD-

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

-MISC1-

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

Sec.

9601. Definitions.

9602. Designation of additional hazardous substances and

establishment of reportable released quantities;

regulations.

9603. Notification requirements respecting released

substances.

(a) Notice to National Response Center upon release

from vessel or offshore or onshore facility by

person in charge; conveyance of notice by

Center.

(b) Penalties for failure to notify; use of notice

or information pursuant to notice in criminal

case.

storage, etc., facility by owner or operator;

exception; time, manner, and form of notice;

penalties for failure to notify; use of notice

or information pursuant to notice in criminal

case.

(d) Recordkeeping requirements; promulgation of

rules and regulations by Administrator of EPA;

penalties for violations; waiver of retention

requirements.

(e) Applicability to registered pesticide product.

(f) Exemptions from notice and penalty provisions

for substances reported under other Federal

law or is in continuous release, etc.

9604. Response authorities.

(a) Removal and other remedial action by President;

applicability of national contingency plan;

response by potentially responsible parties;

public health threats; limitations on

response; exception.

(b) Investigations, monitoring, coordination, etc.,

by President.

Fund over specified amount for response

actions; consultation by President with

affected States; contracts or cooperative

agreements by States with President prior to

remedial actions; cost-sharing agreements;

selection by President of remedial actions;

State credits: granting of credit, expenses

before listing or agreement, response actions

between 1978 and 1980, State expenses after

December 11, 1980, in excess of 10 percent of

costs, item-by-item approval, use of credits;

operation and maintenance; limitation on

source of funds for O&M; recontracting;

siting.

(d) Contracts or cooperative agreements by

President with States or political

subdivisions or Indian tribes; State

applications, terms and conditions;

reimbursements; cost-sharing provisions;

enforcement requirements and procedures.

(e) Information gathering and access.

(f) Contracts for response actions; compliance with

Federal health and safety standards.

(g) Rates for wages and labor standards applicable

to covered work.

(h) Emergency procurement powers; exercise by

President.

(i) Agency for Toxic Substances and Disease

Registry; establishment, functions, etc.

(j) Acquisition of property.

(k) Brownfields revitalization funding.

9605. National contingency plan.

(a) Revision and republication.

(b) Revision of plan.

(d) Petition for assessment of release.

(e) Releases from earlier sites.

(f) Minority contractors.

(g) Special study wastes.

(h) NPL deferral.

9606. Abatement actions.

(a) Maintenance, jurisdiction, etc.

(b) Fines; reimbursement.

enforcement, and emergency response

authorities; promulgation by Administrator of

EPA, scope, etc.

9607. Liability.

(a) Covered persons; scope; recoverable costs and

damages; interest rate; "comparable maturity"

date.

(b) Defenses.

(d) Rendering care or advice.

(e) Indemnification, hold harmless, etc.,

agreements or conveyances; subrogation rights.

(f) Natural resources liability; designation of

public trustees of natural resources.

(g) Federal agencies.

(h) Owner or operator of vessel.

(i) Application of a registered pesticide product.

(j) Obligations or liability pursuant to federally

permitted release.

(k) Transfer to, and assumption by, Post-Closure

Liability Fund of liability of owner or

operator of hazardous waste disposal facility

in receipt of permit under applicable solid

waste disposal law; time, criteria applicable,

procedures, etc.; monitoring costs; reports.

(l) Federal lien.

(m) Maritime lien.

(n) Liability of fiduciaries.

(o) De micromis exemption.

(p) Municipal solid waste exemption.

(q) Contiguous properties.

(r) Prospective purchaser and windfall lien.

9608. Financial responsibility.

(a) Establishment and maintenance by owner or

operator of vessel; amount; failure to obtain

certification of compliance.

(b) Establishment and maintenance by owner or

operator of production, etc., facilities;

amount; adjustment; consolidated form of

responsibility; coverage of motor carriers.

(d) Limitation of guarantor liability.

9609. Civil penalties and awards.

(a) Class I administrative penalty.

(b) Class II administrative penalty.

(d) Awards.

(e) Procurement procedures.

(f) Savings clause.

9610. Employee protection.

(a) Activities of employee subject to protection.

(b) Administrative grievance procedure in cases of

alleged violations.

violator subsequent to issuance of order of

abatement.

(d) Defenses.

(e) Presidential evaluations of potential loss of

shifts of employment resulting from

administration or enforcement of provisions;

investigations; procedures applicable, etc.

9611. Uses of Fund.

(a) In general.

(b) Additional authorized purposes.

(d) Additional limitations.

(e) Funding requirements respecting moneys in Fund;

limitation on certain claims; Fund use outside

Federal property boundaries.

(f) Obligation of moneys by Federal officials;

obligation of moneys or settlement of claims

by State officials or Indian tribe.

(g) Notice to potential injured parties by owner

and operator of vessel or facility causing

release of substance; rules and regulations.

(h) Repealed.

(i) Restoration, etc., of natural resources.

(j) Use of Post-closure Liability Fund.

(k) Inspector General.

(l) Foreign claimants.

(m) Agency for Toxic Substances and Disease

Registry.

(n) Limitations on research, development, and

demonstration program.

(o) Notification procedures for limitations on

certain payments.

(p) General revenue share of Superfund.

9612. Claims procedure.

(a) Claims against Fund for response costs.

(b) Forms and procedures applicable.

(d) Statute of limitations.

(e) Other statutory or common law claims not

waived, etc.

(f) Double recovery prohibited.

9613. Civil proceedings.

(a) Review of regulations in Circuit Court of

Appeals of the United States for the District

of Columbia.

(b) Jurisdiction; venue.

tax collection or tax regulation review.

(d) Litigation commenced prior to December 11,

1980.

(e) Nationwide service of process.

(f) Contribution.

(g) Period in which action may be brought.

(h) Timing of review.

(i) Intervention.

(j) Judicial review.

(k) Administrative record and participation

procedures.

(l) Notice of actions.

9614. Relationship to other law.

(a) Additional State liability or requirements with

respect to release of substances within State.

(b) Recovery under other State or Federal law of

compensation for removal costs or damages, or

payment of claims.

(d) Financial responsibility of owner or operator

of vessel or facility under State or local

law, rule, or regulation.

9615. Presidential delegation and assignment of duties or

powers and promulgation of regulations.

9616. Schedules.

(a) Assessment and listing of facilities.

(b) Evaluation.

(d) Commencement of RI/FS.

(e) Commencement of remedial action.

9617. Public participation.

(a) Proposed plan.

(b) Final plan.

(d) Publication.

(e) Grants for technical assistance.

9618. High priority for drinking water supplies.

9619. Response action contractors.

(a) Liability of response action contractors.

(b) Savings provisions.

(d) Exception.

(e) Definitions.

(f) Competition.

(g) Surety bonds.

9620. Federal facilities.

(a) Application of chapter to Federal Government.

(b) Notice.

Docket.

(d) Assessment and evaluation.

(e) Required action by department.

(f) State and local participation.

(g) Transfer of authorities.

(h) Property transferred by Federal agencies.

(i) Obligations under Solid Waste Disposal Act.

(j) National security.

9621. Cleanup standards.

(a) Selection of remedial action.

(b) General rules.

(d) Degree of cleanup.

(e) Permits and enforcement.

(f) State involvement.

9622. Settlements.

(a) Authority to enter into agreements.

(b) Agreements with potentially responsible

parties.

(d) Enforcement.

(e) Special notice procedures.

(f) Covenant not to sue.

(g) De minimis settlements.

(h) Cost recovery settlement authority.

(i) Settlement procedures.

(j) Natural resources.

(k) Section not applicable to vessels.

(l) Civil penalties.

(m) Applicability of general principles of law.

9623. Reimbursement to local governments.

(a) Application.

(b) Reimbursement.

(d) Procedure.

9624. Methane recovery.

(a) In general.

(b) Exceptions.

9625. Section 6921(b)(3)(A)(i) waste.

(a) Revision of hazard ranking system.

(b) Inclusion prohibited.

9626. Indian tribes.

(a) Treatment generally.

(b) Community relocation.

(d) Limitation.

9627. Recycling transactions.

(a) Liability clarification.

(b) Recyclable material defined.

glass, textiles, or rubber.

(d) Transactions involving scrap metal.

(e) Transactions involving batteries.

(f) Exclusions.

(g) Effect on other liability.

(h) Regulations.

(i) Effect on pending or concluded actions.

(j) Liability for attorney's fees for certain

actions.

(k) Relationship to liability under other laws.

(l) Limitation on statutory construction.

9628. State response programs.

(a) Assistance to States.

(b) Enforcement in cases of a release subject to

State program.

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

PART A - HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

9631 to 9633. Repealed.

PART B - POST-CLOSURE LIABILITY TRUST FUND

9641. Repealed.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

9651. Reports and studies.

(a) Implementation experiences; identification and

disposal of waste.

(b) Private insurance protection.

natural resources.

(d) Issues, alternatives, and policy considerations

involving selection of locations for waste

treatment, storage, and disposal facilities.

(e) Adequacy of existing common law and statutory

remedies.

(f) Modification of national contingency plan.

(g) Insurability study.

9652. Effective dates; savings provisions.

9653. Repealed.

9654. Applicability of Federal water pollution control

funding, etc., provisions.

9655. Legislative veto of rule or regulation.

(a) Transmission to Congress upon promulgation or

repromulgation of rule or regulation;

disapproval procedures.

(b) Approval; effective dates.

(d) Congressional inaction on, or rejection of,

resolution of disapproval.

9656. Transportation of hazardous substances; listing as

hazardous material; liability for release.

9657. Separability; contribution.

9658. Actions under State law for damages from exposure to

hazardous substances.

(a) State statutes of limitations for hazardous

substance cases.

(b) Definitions.

9659. Citizens suits.

(a) Authority to bring civil actions.

(b) Venue.

(d) Rules applicable to subsection (a)(1) actions.

(e) Rules applicable to subsection (a)(2) actions.

(f) Costs.

(g) Intervention.

(h) Other rights.

(i) Definitions.

9660. Research, development, and demonstration.

(a) Hazardous substance research and training.

(b) Alternative or innovative treatment technology

research and demonstration program.

(d) University hazardous substance research

centers.

(e) Report to Congress.

(f) Saving provision.

(g) Small business participation.

9660a. Grant program.

9661. Love Canal property acquisition.

(a) Acquisition of property in emergency

declaration area.

(b) Procedures for acquisition.

(d) Maintenance of property.

(e) Habitability and land use study.

(f) Funding.

(g) Response.

(h) Definitions.

9662. Limitation on contract and borrowing authority.

SUBCHAPTER IV - POLLUTION INSURANCE

9671. Definitions.

9672. State laws; scope of subchapter.

(a) State laws.

(b) Scope of subchapter.

9673. Risk retention groups.

(a) Exemption.

(b) Exceptions.

(d) Agents or brokers.

9674. Purchasing groups.

(a) Exemption.

(b) Application of exemptions.

9675. Applicability of securities laws.

(a) Ownership interests.

(b) Investment Company Act.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 300h-6, 300h-7, 6972,

11004 of this title; title 10 sections 2700, 2701, 2703; title 16

sections 410yy-3, 426n, 460lll, 460lll-46, 545b; title 26 sections

9507, 9508; title 30 section 1240a; title 33 sections 1272, 1321,

2701; title 43 sections 869-2, 1474b-1.

-End-

-CITE-

42 USC SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES,

LIABILITY, COMPENSATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 9655, 9658, 9659 of

this title; title 26 section 9507.

-End-

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42 USC Sec. 9601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9601. Definitions

-STATUTE-

For purpose of this subchapter -

(1) The term "act of God" means an unanticipated grave natural

disaster or other natural phenomenon of an exceptional,

inevitable, and irresistible character, the effects of which

could not have been prevented or avoided by the exercise of due

care or foresight.

(2) The term "Administrator" means the Administrator of the

United States Environmental Protection Agency.

(3) The term "barrel" means forty-two United States gallons at

sixty degrees Fahrenheit.

(4) The term "claim" means a demand in writing for a sum

certain.

(5) The term "claimant" means any person who presents a claim

for compensation under this chapter.

(6) The term "damages" means damages for injury or loss of

natural resources as set forth in section 9607(a) or 9611(b) of

this title.

(7) The term "drinking water supply" means any raw or finished

water source that is or may be used by a public water system (as

defined in the Safe Drinking Water Act [42 U.S.C. 300f et seq.])

or as drinking water by one or more individuals.

(8) The term "environment" means (A) the navigable waters, the

waters of the contiguous zone, and the ocean waters of which the

natural resources are under the exclusive management authority of

the United States under the Magnuson-Stevens Fishery Conservation

and Management Act [16 U.S.C. 1801 et seq.], and (B) any other

surface water, ground water, drinking water supply, land surface

or subsurface strata, or ambient air within the United States or

under the jurisdiction of the United States.

(9) The term "facility" means (A) any building, structure,

installation, equipment, pipe or pipeline (including any pipe

into a sewer or publicly owned treatment works), well, pit, pond,

lagoon, impoundment, ditch, landfill, storage container, motor

vehicle, rolling stock, or aircraft, or (B) any site or area

where a hazardous substance has been deposited, stored, disposed

of, or placed, or otherwise come to be located; but does not

include any consumer product in consumer use or any vessel.

(10) The term "federally permitted release" means (A)

discharges in compliance with a permit under section 402 of the

Federal Water Pollution Control Act [33 U.S.C. 1342], (B)

discharges resulting from circumstances identified and reviewed

and made part of the public record with respect to a permit

issued or modified under section 402 of the Federal Water

Pollution Control Act and subject to a condition of such permit,

point source, identified in a permit or permit application under

section 402 of the Federal Water Pollution Control Act, which are

caused by events occurring within the scope of relevant operating

or treatment systems, (D) discharges in compliance with a legally

enforceable permit under section 404 of the Federal Water

Pollution Control Act [33 U.S.C. 1344], (E) releases in

compliance with a legally enforceable final permit issued

pursuant to section 3005(a) through (d) of the Solid Waste

Disposal Act [42 U.S.C. 6925(a)-(d)] from a hazardous waste

treatment, storage, or disposal facility when such permit

specifically identifies the hazardous substances and makes such

substances subject to a standard of practice, control procedure

or bioassay limitation or condition, or other control on the

hazardous substances in such releases, (F) any release in

compliance with a legally enforceable permit issued under section

1412 of title 33 of (!1) section 1413 of title 33, (G) any

injection of fluids authorized under Federal underground

injection control programs or State programs submitted for

Federal approval (and not disapproved by the Administrator of the

Environmental Protection Agency) pursuant to part C of the Safe

Drinking Water Act [42 U.S.C. 300h et seq.], (H) any emission

into the air subject to a permit or control regulation under

section 111 [42 U.S.C. 7411], section 112 [42 U.S.C. 7412], title

I part C [42 U.S.C. 7470 et seq.], title I part D [42 U.S.C. 7501

et seq.], or State implementation plans submitted in accordance

with section 110 of the Clean Air Act [42 U.S.C. 7410] (and not

disapproved by the Administrator of the Environmental Protection

Agency), including any schedule or waiver granted, promulgated,

or approved under these sections, (I) any injection of fluids or

other materials authorized under applicable State law (i) for the

purpose of stimulating or treating wells for the production of

crude oil, natural gas, or water, (ii) for the purpose of

secondary, tertiary, or other enhanced recovery of crude oil or

natural gas, or (iii) which are brought to the surface in

conjunction with the production of crude oil or natural gas and

which are reinjected, (J) the introduction of any pollutant into

a publicly owned treatment works when such pollutant is specified

in and in compliance with applicable pretreatment standards of

section 307(b) or (c) of the Clean Water Act [33 U.S.C. 1317(b),

(c)] and enforceable requirements in a pretreatment program

submitted by a State or municipality for Federal approval under

section 402 of such Act [33 U.S.C. 1342], and (K) any release of

source, special nuclear, or byproduct material, as those terms

are defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et

seq.], in compliance with a legally enforceable license, permit,

regulation, or order issued pursuant to the Atomic Energy Act of

1954.

(11) The term "Fund" or "Trust Fund" means the Hazardous

Substance Superfund established by section 9507 of title 26.

(12) The term "ground water" means water in a saturated zone or

stratum beneath the surface of land or water.

(13) The term "guarantor" means any person, other than the

owner or operator, who provides evidence of financial

responsibility for an owner or operator under this chapter.

(14) The term "hazardous substance" means (A) any substance

designated pursuant to section 311(b)(2)(A) of the Federal Water

Pollution Control Act [33 U.S.C. 1321(b)(2)(A)], (B) any element,

compound, mixture, solution, or substance designated pursuant to

section 9602 of this title, (C) any hazardous waste having the

characteristics identified under or listed pursuant to section

3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not

including any waste the regulation of which under the Solid Waste

Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act

of Congress), (D) any toxic pollutant listed under section 307(a)

of the Federal Water Pollution Control Act [33 U.S.C. 1317(a)],

(E) any hazardous air pollutant listed under section 112 of the

Clean Air Act [42 U.S.C. 7412], and (F) any imminently hazardous

chemical substance or mixture with respect to which the

Administrator has taken action pursuant to section 7 of the Toxic

Substances Control Act [15 U.S.C. 2606]. The term does not

include petroleum, including crude oil or any fraction thereof

which is not otherwise specifically listed or designated as a

hazardous substance under subparagraphs (A) through (F) of this

paragraph, and the term does not include natural gas, natural gas

liquids, liquefied natural gas, or synthetic gas usable for fuel

(or mixtures of natural gas and such synthetic gas).

(15) The term "navigable waters" or "navigable waters of the

United States" means the waters of the United States, including

the territorial seas.

(16) The term "natural resources" means land, fish, wildlife,

biota, air, water, ground water, drinking water supplies, and

other such resources belonging to, managed by, held in trust by,

appertaining to, or otherwise controlled by the United States

(including the resources of the fishery conservation zone

established by the Magnuson-Stevens Fishery Conservation and

Management Act [16 U.S.C. 1801 et seq.]), any State or local

government, any foreign government, any Indian tribe, or, if such

resources are subject to a trust restriction on alienation, any

member of an Indian tribe.

(17) The term "offshore facility" means any facility of any

kind located in, on, or under, any of the navigable waters of the

United States, and any facility of any kind which is subject to

the jurisdiction of the United States and is located in, on, or

under any other waters, other than a vessel or a public vessel.

(18) The term "onshore facility" means any facility (including,

but not limited to, motor vehicles and rolling stock) of any kind

located in, on, or under, any land or nonnavigable waters within

the United States.

(19) The term "otherwise subject to the jurisdiction of the

United States" means subject to the jurisdiction of the United

States by virtue of United States citizenship, United States

vessel documentation or numbering, or as provided by

international agreement to which the United States is a party.

(20)(A) The term "owner or operator" means (i) in the case of a

vessel, any person owning, operating, or chartering by demise,

such vessel, (ii) in the case of an onshore facility or an

offshore facility, any person owning or operating such facility,

and (iii) in the case of any facility, title or control of which

was conveyed due to bankruptcy, foreclosure, tax delinquency,

abandonment, or similar means to a unit of State or local

government, any person who owned, operated, or otherwise

controlled activities at such facility immediately beforehand.

Such term does not include a person, who, without participating

in the management of a vessel or facility, holds indicia of

ownership primarily to protect his security interest in the

vessel or facility.

(B) In the case of a hazardous substance which has been

accepted for transportation by a common or contract carrier and

except as provided in section 9607(a)(3) or (4) of this title,

(i) the term "owner or operator" shall mean such common carrier

or other bona fide for hire carrier acting as an independent

contractor during such transportation, (ii) the shipper of such

hazardous substance shall not be considered to have caused or

contributed to any release during such transportation which

resulted solely from circumstances or conditions beyond his

control.

delivered by a common or contract carrier to a disposal or

treatment facility and except as provided in section 9607(a)(3)

or (4) of this title, (i) the term "owner or operator" shall not

include such common or contract carrier, and (ii) such common or

contract carrier shall not be considered to have caused or

contributed to any release at such disposal or treatment facility

resulting from circumstances or conditions beyond its control.

(D) The term "owner or operator" does not include a unit of

State or local government which acquired ownership or control

involuntarily through bankruptcy, tax delinquency, abandonment,

or other circumstances in which the government involuntarily

acquires title by virtue of its function as sovereign. The

exclusion provided under this paragraph shall not apply to any

State or local government which has caused or contributed to the

release or threatened release of a hazardous substance from the

facility, and such a State or local government shall be subject

to the provisions of this chapter in the same manner and to the

same extent, both procedurally and substantively, as any

nongovernmental entity, including liability under section 9607 of

this title.

(E) Exclusion of lenders not participants in management. -

(i) Indicia of ownership to protect security. - The term

"owner or operator" does not include a person that is a lender

that, without participating in the management of a vessel or

facility, holds indicia of ownership primarily to protect the

security interest of the person in the vessel or facility.

(ii) Foreclosure. - The term "owner or operator" does not

include a person that is a lender that did not participate in

management of a vessel or facility prior to foreclosure,

notwithstanding that the person -

(I) forecloses on the vessel or facility; and

(II) after foreclosure, sells, re-leases (in the case of a

lease finance transaction), or liquidates the vessel or

facility, maintains business activities, winds up operations,

undertakes a response action under section 9607(d)(1) of this

title or under the direction of an on-scene coordinator

appointed under the National Contingency Plan, with respect

to the vessel or facility, or takes any other measure to

preserve, protect, or prepare the vessel or facility prior to

sale or disposition,

if the person seeks to sell, re-lease (in the case of a lease

finance transaction), or otherwise divest the person of the

vessel or facility at the earliest practicable, commercially

reasonable time, on commercially reasonable terms, taking into

account market conditions and legal and regulatory

requirements.

(F) Participation in management. - For purposes of subparagraph

(E) -

(i) the term "participate in management" -

(I) means actually participating in the management or

operational affairs of a vessel or facility; and

(II) does not include merely having the capacity to

influence, or the unexercised right to control, vessel or

facility operations;

(ii) a person that is a lender and that holds indicia of

ownership primarily to protect a security interest in a vessel

or facility shall be considered to participate in management

only if, while the borrower is still in possession of the

vessel or facility encumbered by the security interest, the

person -

(I) exercises decisionmaking control over the environmental

compliance related to the vessel or facility, such that the

person has undertaken responsibility for the hazardous

substance handling or disposal practices related to the

vessel or facility; or

(II) exercises control at a level comparable to that of a

manager of the vessel or facility, such that the person has

assumed or manifested responsibility -

(aa) for the overall management of the vessel or facility

encompassing day-to-day decisionmaking with respect to

environmental compliance; or

(bb) over all or substantially all of the operational

functions (as distinguished from financial or

administrative functions) of the vessel or facility other

than the function of environmental compliance;

(iii) the term "participate in management" does not include

performing an act or failing to act prior to the time at which

a security interest is created in a vessel or facility; and

(iv) the term "participate in management" does not include -

(I) holding a security interest or abandoning or releasing

a security interest;

(II) including in the terms of an extension of credit, or

in a contract or security agreement relating to the

extension, a covenant, warranty, or other term or condition

that relates to environmental compliance;

(III) monitoring or enforcing the terms and conditions of

the extension of credit or security interest;

(IV) monitoring or undertaking 1 or more inspections of the

vessel or facility;

(V) requiring a response action or other lawful means of

addressing the release or threatened release of a hazardous

substance in connection with the vessel or facility prior to,

during, or on the expiration of the term of the extension of

credit;

(VI) providing financial or other advice or counseling in

an effort to mitigate, prevent, or cure default or diminution

in the value of the vessel or facility;

(VII) restructuring, renegotiating, or otherwise agreeing

to alter the terms and conditions of the extension of credit

or security interest, exercising forbearance;

(VIII) exercising other remedies that may be available

under applicable law for the breach of a term or condition of

the extension of credit or security agreement; or

(IX) conducting a response action under section 9607(d) of

this title or under the direction of an on-scene coordinator

appointed under the National Contingency Plan,

if the actions do not rise to the level of participating in

management (within the meaning of clauses (i) and (ii)).

(G) Other terms. - As used in this chapter:

(i) Extension of credit. - The term "extension of credit"

includes a lease finance transaction -

(I) in which the lessor does not initially select the

leased vessel or facility and does not during the lease term

control the daily operations or maintenance of the vessel or

facility; or

(II) that conforms with regulations issued by the

appropriate Federal banking agency or the appropriate State

bank supervisor (as those terms are defined in section 1813

of title 12 (!2) or with regulations issued by the National

Credit Union Administration Board, as appropriate.

(ii) Financial or administrative function. - The term

"financial or administrative function" includes a function such

as that of a credit manager, accounts payable officer, accounts

receivable officer, personnel manager, comptroller, or chief

financial officer, or a similar function.

(iii) Foreclosure; foreclose. - The terms "foreclosure" and

"foreclose" mean, respectively, acquiring, and to acquire, a

vessel or facility through -

(I)(aa) purchase at sale under a judgment or decree, power

of sale, or nonjudicial foreclosure sale;

(bb) a deed in lieu of foreclosure, or similar conveyance

from a trustee; or

(cc) repossession,

if the vessel or facility was security for an extension of

credit previously contracted;

(II) conveyance pursuant to an extension of credit

previously contracted, including the termination of a lease

agreement; or

(III) any other formal or informal manner by which the

person acquires, for subsequent disposition, title to or

possession of a vessel or facility in order to protect the

security interest of the person.

(iv) Lender. - The term "lender" means -

(I) an insured depository institution (as defined in

section 1813 of title 12);

(II) an insured credit union (as defined in section 1752 of

title 12);

(III) a bank or association chartered under the Farm Credit

Act of 1971 (12 U.S.C. 2001 et seq.);

(IV) a leasing or trust company that is an affiliate of an

insured depository institution;

(V) any person (including a successor or assignee of any

such person) that makes a bona fide extension of credit to or

takes or acquires a security interest from a nonaffiliated

person;

(VI) the Federal National Mortgage Association, the Federal

Home Loan Mortgage Corporation, the Federal Agricultural

Mortgage Corporation, or any other entity that in a bona fide

manner buys or sells loans or interests in loans;

(VII) a person that insures or guarantees against a default

in the repayment of an extension of credit, or acts as a

surety with respect to an extension of credit, to a

nonaffiliated person; and

(VIII) a person that provides title insurance and that

acquires a vessel or facility as a result of assignment or

conveyance in the course of underwriting claims and claims

settlement.

(v) Operational function. - The term "operational function"

includes a function such as that of a facility or plant

manager, operations manager, chief operating officer, or chief

executive officer.

(vi) Security interest. - The term "security interest"

includes a right under a mortgage, deed of trust, assignment,

judgment lien, pledge, security agreement, factoring agreement,

or lease and any other right accruing to a person to secure the

repayment of money, the performance of a duty, or any other

obligation by a nonaffiliated person.

(21) The term "person" means an individual, firm, corporation,

association, partnership, consortium, joint venture, commercial

entity, United States Government, State, municipality,

commission, political subdivision of a State, or any interstate

body.

(22) The term "release" means any spilling, leaking, pumping,

pouring, emitting, emptying, discharging, injecting, escaping,

leaching, dumping, or disposing into the environment (including

the abandonment or discarding of barrels, containers, and other

closed receptacles containing any hazardous substance or

pollutant or contaminant), but excludes (A) any release which

results in exposure to persons solely within a workplace, with

respect to a claim which such persons may assert against the

employer of such persons, (B) emissions from the engine exhaust

of a motor vehicle, rolling stock, aircraft, vessel, or pipeline

pumping station engine, (C) release of source, byproduct, or

special nuclear material from a nuclear incident, as those terms

are defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et

seq.], if such release is subject to requirements with respect to

financial protection established by the Nuclear Regulatory

Commission under section 170 of such Act [42 U.S.C. 2210], or,

for the purposes of section 9604 of this title or any other

response action, any release of source byproduct, or special

nuclear material from any processing site designated under

section 7912(a)(1) or 7942(a) of this title, and (D) the normal

application of fertilizer.

(23) The terms "remove" or "removal" means (!3) the cleanup or

removal of released hazardous substances from the environment,

such actions as may be necessary taken in the event of the threat

of release of hazardous substances into the environment, such

actions as may be necessary to monitor, assess, and evaluate the

release or threat of release of hazardous substances, the

disposal of removed material, or the taking of such other actions

as may be necessary to prevent, minimize, or mitigate damage to

the public health or welfare or to the environment, which may

otherwise result from a release or threat of release. The term

includes, in addition, without being limited to, security fencing

or other measures to limit access, provision of alternative water

supplies, temporary evacuation and housing of threatened

individuals not otherwise provided for, action taken under

section 9604(b) of this title, and any emergency assistance which

may be provided under the Disaster Relief and Emergency

Assistance Act [42 U.S.C. 5121 et seq.].

(24) The terms "remedy" or "remedial action" means (!3) those

actions consistent with permanent remedy taken instead of or in

addition to removal actions in the event of a release or

threatened release of a hazardous substance into the environment,

to prevent or minimize the release of hazardous substances so

that they do not migrate to cause substantial danger to present

or future public health or welfare or the environment. The term

includes, but is not limited to, such actions at the location of

the release as storage, confinement, perimeter protection using

dikes, trenches, or ditches, clay cover, neutralization, cleanup

of released hazardous substances and associated contaminated

materials, recycling or reuse, diversion, destruction,

segregation of reactive wastes, dredging or excavations, repair

or replacement of leaking containers, collection of leachate and

runoff, onsite treatment or incineration, provision of

alternative water supplies, and any monitoring reasonably

required to assure that such actions protect the public health

and welfare and the environment. The term includes the costs of

permanent relocation of residents and businesses and community

facilities where the President determines that, alone or in

combination with other measures, such relocation is more

cost-effective than and environmentally preferable to the

transportation, storage, treatment, destruction, or secure

disposition offsite of hazardous substances, or may otherwise be

necessary to protect the public health or welfare; the term

includes offsite transport and offsite storage, treatment,

destruction, or secure disposition of hazardous substances and

associated contaminated materials.

(25) The terms "respond" or "response" means (!3) remove,

removal, remedy, and remedial action;,(!4) all such terms

(including the terms "removal" and "remedial action") include

enforcement activities related thereto.

(26) The terms "transport" or "transportation" means (!3) the

movement of a hazardous substance by any mode, including a

hazardous liquid pipeline facility (as defined in section

60101(a) of title 49), and in the case of a hazardous substance

which has been accepted for transportation by a common or

contract carrier, the term "transport" or "transportation" shall

include any stoppage in transit which is temporary, incidental to

the transportation movement, and at the ordinary operating

convenience of a common or contract carrier, and any such

stoppage shall be considered as a continuity of movement and not

as the storage of a hazardous substance.

(27) The terms "United States" and "State" include the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, American Samoa, the United

States Virgin Islands, the Commonwealth of the Northern Marianas,

and any other territory or possession over which the United

States has jurisdiction.

(28) The term "vessel" means every description of watercraft or

other artificial contrivance used, or capable of being used, as a

means of transportation on water.

(29) The terms "disposal", "hazardous waste", and "treatment"

shall have the meaning provided in section 1004 of the Solid

Waste Disposal Act [42 U.S.C. 6903].

(30) The terms "territorial sea" and "contiguous zone" shall

have the meaning provided in section 502 of the Federal Water

Pollution Control Act [33 U.S.C. 1362].

(31) The term "national contingency plan" means the national

contingency plan published under section 311(c) (!5) of the

Federal Water Pollution Control Act or revised pursuant to

section 9605 of this title.

(32) The terms "liable" or "liability" under this subchapter

shall be construed to be the standard of liability which obtains

under section 311 of the Federal Water Pollution Control Act [33

U.S.C. 1321].

(33) The term "pollutant or contaminant" shall include, but not

be limited to, any element, substance, compound, or mixture,

including disease-causing agents, which after release into the

environment and upon exposure, ingestion, inhalation, or

assimilation into any organism, either directly from the

environment or indirectly by ingestion through food chains, will

or may reasonably be anticipated to cause death, disease,

behavioral abnormalities, cancer, genetic mutation, physiological

malfunctions (including malfunctions in reproduction) or physical

deformations, in such organisms or their offspring; except that

the term "pollutant or contaminant" shall not include petroleum,

including crude oil or any fraction thereof which is not

otherwise specifically listed or designated as a hazardous

substance under subparagraphs (A) through (F) of paragraph (14)

and shall not include natural gas, liquefied natural gas, or

synthetic gas of pipeline quality (or mixtures of natural gas and

such synthetic gas).

(34) The term "alternative water supplies" includes, but is not

limited to, drinking water and household water supplies.

(35)(A) The term "contractual relationship", for the purpose of

section 9607(b)(3) of this title, includes, but is not limited

to, land contracts, deeds, easements, leases, or other

instruments transferring title or possession, unless the real

property on which the facility concerned is located was acquired

by the defendant after the disposal or placement of the hazardous

substance on, in, or at the facility, and one or more of the

circumstances described in clause (i), (ii), or (iii) is also

established by the defendant by a preponderance of the evidence:

(i) At the time the defendant acquired the facility the

defendant did not know and had no reason to know that any

hazardous substance which is the subject of the release or

threatened release was disposed of on, in, or at the facility.

(ii) The defendant is a government entity which acquired the

facility by escheat, or through any other involuntary transfer

or acquisition, or through the exercise of eminent domain

authority by purchase or condemnation.

(iii) The defendant acquired the facility by inheritance or

bequest.

In addition to establishing the foregoing, the defendant must

establish that the defendant has satisfied the requirements of

section 9607(b)(3)(a) and (b) of this title, provides full

cooperation, assistance, and facility access to the persons that

are authorized to conduct response actions at the facility

(including the cooperation and access necessary for the

installation, integrity, operation, and maintenance of any

complete or partial response action at the facility), is in

compliance with any land use restrictions established or relied

on in connection with the response action at a facility, and does

not impede the effectiveness or integrity of any institutional

control employed at the facility in connection with a response

action.

(B) Reason to know. -

(i) All appropriate inquiries. - To establish that the

defendant had no reason to know of the matter described in

subparagraph (A)(i), the defendant must demonstrate to a court

that -

(I) on or before the date on which the defendant acquired

the facility, the defendant carried out all appropriate

inquiries, as provided in clauses (ii) and (iv), into the

previous ownership and uses of the facility in accordance

with generally accepted good commercial and customary

standards and practices; and

(II) the defendant took reasonable steps to -

(aa) stop any continuing release;

(bb) prevent any threatened future release; and

(cc) prevent or limit any human, environmental, or

natural resource exposure to any previously released

hazardous substance.

(ii) Standards and practices. - Not later than 2 years after

January 11, 2002, the Administrator shall by regulation

establish standards and practices for the purpose of satisfying

the requirement to carry out all appropriate inquiries under

clause (i).

(iii) Criteria. - In promulgating regulations that establish

the standards and practices referred to in clause (ii), the

Administrator shall include each of the following:

(I) The results of an inquiry by an environmental

professional.

(II) Interviews with past and present owners, operators,

and occupants of the facility for the purpose of gathering

information regarding the potential for contamination at the

facility.

(III) Reviews of historical sources, such as chain of title

documents, aerial photographs, building department records,

and land use records, to determine previous uses and

occupancies of the real property since the property was first

developed.

(IV) Searches for recorded environmental cleanup liens

against the facility that are filed under Federal, State, or

local law.

(V) Reviews of Federal, State, and local government

records, waste disposal records, underground storage tank

records, and hazardous waste handling, generation, treatment,

disposal, and spill records, concerning contamination at or

near the facility.

(VI) Visual inspections of the facility and of adjoining

properties.

(VII) Specialized knowledge or experience on the part of

the defendant.

(VIII) The relationship of the purchase price to the value

of the property, if the property was not contaminated.

(IX) Commonly known or reasonably ascertainable information

about the property.

(X) The degree of obviousness of the presence or likely

presence of contamination at the property, and the ability to

detect the contamination by appropriate investigation.

(iv) Interim standards and practices. -

(I) Property purchased before may 31, 1997. - With respect

to property purchased before May 31, 1997, in making a

determination with respect to a defendant described in clause

(i), a court shall take into account -

(aa) any specialized knowledge or experience on the part

of the defendant;

(bb) the relationship of the purchase price to the value

of the property, if the property was not contaminated;

(cc) commonly known or reasonably ascertainable

information about the property;

(dd) the obviousness of the presence or likely presence

of contamination at the property; and

(ee) the ability of the defendant to detect the

contamination by appropriate inspection.

(II) Property purchased on or after may 31, 1997. - With

respect to property purchased on or after May 31, 1997, and

until the Administrator promulgates the regulations described

in clause (ii), the procedures of the American Society for

Testing and Materials, including the document known as

"Standard E1527-97", entitled "Standard Practice for

Environmental Site Assessment: Phase 1 Environmental Site

Assessment Process", shall satisfy the requirements in clause

(i).

(v) Site inspection and title search. - In the case of

property for residential use or other similar use purchased by

a nongovernmental or noncommercial entity, a facility

inspection and title search that reveal no basis for further

investigation shall be considered to satisfy the requirements

of this subparagraph.

title shall diminish the liability of any previous owner or

operator of such facility who would otherwise be liable under

this chapter. Notwithstanding this paragraph, if the defendant

obtained actual knowledge of the release or threatened release of

a hazardous substance at such facility when the defendant owned

the real property and then subsequently transferred ownership of

the property to another person without disclosing such knowledge,

such defendant shall be treated as liable under section

9607(a)(1) of this title and no defense under section 9607(b)(3)

of this title shall be available to such defendant.

(D) Nothing in this paragraph shall affect the liability under

this chapter of a defendant who, by any act or omission, caused

or contributed to the release or threatened release of a

hazardous substance which is the subject of the action relating

to the facility.

(36) The term "Indian tribe" means any Indian tribe, band,

nation, or other organized group or community, including any

Alaska Native village but not including any Alaska Native

regional or village corporation, which is recognized as eligible

for the special programs and services provided by the United

States to Indians because of their status as Indians.

(37)(A) The term "service station dealer" means any person -

(i) who owns or operates a motor vehicle service station,

filling station, garage, or similar retail establishment

engaged in the business of selling, repairing, or servicing

motor vehicles, where a significant percentage of the gross

revenue of the establishment is derived from the fueling,

repairing, or servicing of motor vehicles, and

(ii) who accepts for collection, accumulation, and delivery

to an oil recycling facility, recycled oil that (I) has been

removed from the engine of a light duty motor vehicle or

household appliances by the owner of such vehicle or

appliances, and (II) is presented, by such owner, to such

person for collection, accumulation, and delivery to an oil

recycling facility.

(B) For purposes of section 9614(c) of this title, the term

"service station dealer" shall, notwithstanding the provisions of

subparagraph (A), include any government agency that establishes

a facility solely for the purpose of accepting recycled oil that

satisfies the criteria set forth in subclauses (I) and (II) of

subparagraph (A)(ii), and, with respect to recycled oil that

satisfies the criteria set forth in subclauses (I) and (II),

owners or operators of refuse collection services who are

compelled by State law to collect, accumulate, and deliver such

oil to an oil recycling facility.

determination of what constitutes a significant percentage of the

gross revenues of an establishment for purposes of this

paragraph.

(38) The term "incineration vessel" means any vessel which

carries hazardous substances for the purpose of incineration of

such substances, so long as such substances or residues of such

substances are on board.

(39) Brownfield site. -

(A) In general. - The term "brownfield site" means real

property, the expansion, redevelopment, or reuse of which may

be complicated by the presence or potential presence of a

hazardous substance, pollutant, or contaminant.

(B) Exclusions. - The term "brownfield site" does not include

(i) a facility that is the subject of a planned or ongoing

removal action under this subchapter;

(ii) a facility that is listed on the National Priorities

List or is proposed for listing;

(iii) a facility that is the subject of a unilateral

administrative order, a court order, an administrative order

on consent or judicial consent decree that has been issued to

or entered into by the parties under this chapter;

(iv) a facility that is the subject of a unilateral

administrative order, a court order, an administrative order

on consent or judicial consent decree that has been issued to

or entered into by the parties, or a facility to which a

permit has been issued by the United States or an authorized

State under the Solid Waste Disposal Act (42 U.S.C. 6901 et

seq.), the Federal Water Pollution Control Act (33 U.S.C.

1321) [33 U.S.C. Sec. 1251 et seq.], the Toxic Substances

Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking

Water Act (42 U.S.C. 300f et seq.);

(v) a facility that -

(I) is subject to corrective action under section 3004(u)

or 3008(h) of the Solid Waste Disposal Act (42 U.S.C.

6924(u), 6928(h)); and

(II) to which a corrective action permit or order has

been issued or modified to require the implementation of

corrective measures;

(vi) a land disposal unit with respect to which -

(I) a closure notification under subtitle C of the Solid

Waste Disposal Act (42 U.S.C. 6921 et seq.) has been

submitted; and

(II) closure requirements have been specified in a

closure plan or permit;

(vii) a facility that is subject to the jurisdiction,

custody, or control of a department, agency, or

instrumentality of the United States, except for land held in

trust by the United States for an Indian tribe;

(viii) a portion of a facility -

(I) at which there has been a release of polychlorinated

biphenyls; and

(II) that is subject to remediation under the Toxic

Substances Control Act (15 U.S.C. 2601 et seq.); or

(ix) a portion of a facility, for which portion, assistance

for response activity has been obtained under subtitle I of

the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from

the Leaking Underground Storage Tank Trust Fund established

under section 9508 of title 26.

subparagraph (B) and on a site-by-site basis, the President may

authorize financial assistance under section 9604(k) of this

title to an eligible entity at a site included in clause (i),

(iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the

President finds that financial assistance will protect human

health and the environment, and either promote economic

development or enable the creation of, preservation of, or

addition to parks, greenways, undeveloped property, other

recreational property, or other property used for nonprofit

purposes.

(D) Additional areas. - For the purposes of section 9604(k)

of this title, the term "brownfield site" includes a site that

(i) meets the definition of "brownfield site" under

subparagraphs (A) through (C); and

(ii)(I) is contaminated by a controlled substance (as

defined in section 802 of title 21);

(II)(aa) is contaminated by petroleum or a petroleum

product excluded from the definition of "hazardous substance"

under this section; and

(bb) is a site determined by the Administrator or the

State, as appropriate, to be -

(AA) of relatively low risk, as compared with other

petroleum-only sites in the State; and

(BB) a site for which there is no viable responsible

party and which will be assessed, investigated, or cleaned

up by a person that is not potentially liable for cleaning

up the site; and

(cc) is not subject to any order issued under section

9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h));

(III) is mine-scarred land.

(40) Bona fide prospective purchaser. - The term "bona fide

prospective purchaser" means a person (or a tenant of a person)

that acquires ownership of a facility after January 11, 2002, and

that establishes each of the following by a preponderance of the

evidence:

(A) Disposal prior to acquisition. - All disposal of

hazardous substances at the facility occurred before the person

acquired the facility.

(B) Inquiries. -

(i) In general. - The person made all appropriate inquiries

into the previous ownership and uses of the facility in

accordance with generally accepted good commercial and

customary standards and practices in accordance with clauses

(ii) and (iii).

(ii) Standards and practices. - The standards and practices

referred to in clauses (ii) and (iv) of paragraph (35)(B)

shall be considered to satisfy the requirements of this

subparagraph.

(iii) Residential use. - In the case of property in

residential or other similar use at the time of purchase by a

nongovernmental or noncommercial entity, a facility

inspection and title search that reveal no basis for further

investigation shall be considered to satisfy the requirements

of this subparagraph.

notices with respect to the discovery or release of any

hazardous substances at the facility.

(D) Care. - The person exercises appropriate care with

respect to hazardous substances found at the facility by taking

reasonable steps to -

(i) stop any continuing release;

(ii) prevent any threatened future release; and

(iii) prevent or limit human, environmental, or natural

resource exposure to any previously released hazardous

substance.

(E) Cooperation, assistance, and access. - The person

provides full cooperation, assistance, and access to persons

that are authorized to conduct response actions or natural

resource restoration at a vessel or facility (including the

cooperation and access necessary for the installation,

integrity, operation, and maintenance of any complete or

partial response actions or natural resource restoration at the

vessel or facility).

(F) Institutional control. - The person -

(i) is in compliance with any land use restrictions

established or relied on in connection with the response

action at a vessel or facility; and

(ii) does not impede the effectiveness or integrity of any

institutional control employed at the vessel or facility in

connection with a response action.

(G) Requests; subpoenas. - The person complies with any

request for information or administrative subpoena issued by

the President under this chapter.

(H) No affiliation. - The person is not -

(i) potentially liable, or affiliated with any other person

that is potentially liable, for response costs at a facility

through -

(I) any direct or indirect familial relationship; or

(II) any contractual, corporate, or financial

relationship (other than a contractual, corporate, or

financial relationship that is created by the instruments

by which title to the facility is conveyed or financed or

by a contract for the sale of goods or services); or

(ii) the result of a reorganization of a business entity

that was potentially liable.

(41) Eligible response site. -

(A) In general. - The term "eligible response site" means a

site that meets the definition of a brownfield site in

subparagraphs (A) and (B) of paragraph (39), as modified by

subparagraphs (B) and (C) of this paragraph.

(B) Inclusions. - The term "eligible response site" includes

(i) notwithstanding paragraph (39)(B)(ix), a portion of a

facility, for which portion assistance for response activity

has been obtained under subtitle I of the Solid Waste

Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking

Underground Storage Tank Trust Fund established under section

9508 of title 26; or

(ii) a site for which, notwithstanding the exclusions

provided in subparagraph (C) or paragraph (39)(B), the

President determines, on a site-by-site basis and after

consultation with the State, that limitations on enforcement

under section 9628 of this title at sites specified in clause

(iv), (v), (vi) or (viii) of paragraph (39)(B) would be

appropriate and will -

(I) protect human health and the environment; and

(II) promote economic development or facilitate the

creation of, preservation of, or addition to a park, a

greenway, undeveloped property, recreational property, or

other property used for nonprofit purposes.

include -

(i) a facility for which the President -

(I) conducts or has conducted a preliminary assessment or

site inspection; and

(II) after consultation with the State, determines or has

determined that the site obtains a preliminary score

sufficient for possible listing on the National Priorities

List, or that the site otherwise qualifies for listing on

the National Priorities List; unless the President has made

a determination that no further Federal action will be

taken; or

(ii) facilities that the President determines warrant

particular consideration as identified by regulation, such as

sites posing a threat to a sole-source drinking water aquifer

or a sensitive ecosystem.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 101, Dec. 11, 1980, 94 Stat. 2767;

Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.

3300; Pub. L. 99-499, title I, Secs. 101, 114(b), 127(a), title V,

Sec. 517(c)(2), Oct. 17, 1986, 100 Stat. 1615, 1652, 1692, 1774;

Pub. L. 100-707, title I, Sec. 109(v), Nov. 23, 1988, 102 Stat.

4710; Pub. L. 103-429, Sec. 7(e)(1), Oct. 31, 1994, 108 Stat. 4390;

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.

211(b)], title II, Sec. 2502(b), Sept. 30, 1996, 110 Stat. 3009,

3009-41, 3009-464; Pub. L. 104-287, Sec. 6(j)(1), Oct. 11, 1996,

110 Stat. 3399; Pub. L. 106-74, title IV, Sec. 427, Oct. 20, 1999,

113 Stat. 1095; Pub. L. 107-118, title II, Secs. 211(a), 222(a),

223, 231(a), Jan. 11, 2002, 115 Stat. 2360, 2370, 2372, 2375.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (5), (13), (20)(D), (G),

(35)(C), (D), (39)(B)(iii), and (40)(G), was in the original "this

Act", meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as

amended, known as the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980. For complete

classification of this Act to the Code, see Short Title note below

and Tables.

The Safe Drinking Water Act, referred to in pars. (7), (10), and

(39)(B)(iv), is title XIV of act July 1, 1944, as added Dec. 16,

1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which

is classified generally to subchapter XII (Sec. 300f et seq.) of

chapter 6A of this title. Part C of the Safe Drinking Water Act is

classified generally to part C (Sec. 300h et seq.) of subchapter

XII of chapter 6A of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

201 of this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in pars. (8) and (16), is Pub. L. 94-265, Apr. 13,

1976, 90 Stat. 331, as amended, which is classified principally to

chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. The

fishery conservation zone established by this Act, referred to in

par. (16), was established by section 101 of this Act (16 U.S.C.

1811), which as amended generally by Pub. L. 99-659, title I, Sec.

101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United States

sovereign rights and fishery management authority over fish within

the exclusive economic zone as defined in section 1802 of Title 16.

For complete classification of this Act to the Code, see Short

Title note set out under section 1801 of Title 16 and Tables.

The Clean Air Act, referred to in par. (10), is act July 14,

1955, ch. 360, as amended generally by Pub. L. 88-206, Dec. 17,

1963, 77 Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91

Stat. 685. The Clean Air Act was originally classified to chapter

15B (Sec. 1857 et seq.) of this title. On enactment of Pub. L.

95-95, the Act was reclassified to chapter 85 (Sec. 7401 et seq.)

of this title. Parts C and D of title I of the Clean Air Act are

classified generally to parts C (Sec. 7470 et seq.) and D (Sec.

7501 et seq.), respectively, of subchapter I of chapter 85 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7401 of this title and

Tables.

The Atomic Energy Act of 1954, referred to in pars. (10) and

(22), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of this title and Tables.

The Solid Waste Disposal Act, referred to in pars. (14),

(39)(B)(iv), (vi)(I), (ix), and (41)(B)(i), is title II of Pub. L.

89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub.

L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is

classified generally to chapter 82 (Sec. 6901 et seq.) of this

title. Subtitles C and I of the Act are classified generally to

subchapters III (Sec. 6921 et seq.) and IX (Sec. 6991 et seq.),

respectively, of chapter 82 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6901 of this title and Tables.

The Farm Credit Act of 1971, referred to in par.

(20)(G)(iv)(III), is Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583,

as amended, which is classified generally to chapter 23 (Sec. 2001

et seq.) of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 2001 of Title 12 and Tables.

The Disaster Relief and Emergency Assistance Act, referred to in

par. (23), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as

amended, known as the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5121 of this title and Tables.

The Federal Water Pollution Control Act, referred to in par.

(39)(B)(iv), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as

the Clean Water Act, which is classified generally to chapter 26

(Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters.

Section 311(c) of the Act was amended generally by Pub. L. 101-380,

title IV, Sec. 4201(a), Aug. 18, 1990, 104 Stat. 523, and no longer

contains provisions directing the publishing of a National

Contingency Plan. However, such provisions are contained in section

1321(d) of Title 33. For complete classification of this Act to the

Code, see Short Title note set out under section 1251 of Title 33

and Tables.

The Toxic Substances Control Act, referred to in par.

(39)(B)(iv), (viii)(II), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat.

2003, as amended, which is classified generally to chapter 53 (Sec.

2601 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 15 and Tables.

-MISC1-

AMENDMENTS

2002 - Par. (35)(A). Pub. L. 107-118, Sec. 223(1), in

introductory provisions substituted "deeds, easements, leases, or"

for "deeds or" and in concluding provisions substituted "the

defendant has satisfied" for "he has satisfied" and inserted before

period at end ", provides full cooperation, assistance, and

facility access to the persons that are authorized to conduct

response actions at the facility (including the cooperation and

access necessary for the installation, integrity, operation, and

maintenance of any complete or partial response action at the

facility), is in compliance with any land use restrictions

established or relied on in connection with the response action at

a facility, and does not impede the effectiveness or integrity of

any institutional control employed at the facility in connection

with a response action".

Par. (35)(B). Pub. L. 107-118, Sec. 223(2), added subpar. (B) and

struck out former subpar. (B) which read as follows: "To establish

that the defendant had no reason to know, as provided in clause (i)

of subparagraph (A) of this paragraph, the defendant must have

undertaken, at the time of acquisition, all appropriate inquiry

into the previous ownership and uses of the property consistent

with good commercial or customary practice in an effort to minimize

liability. For purposes of the preceding sentence the court shall

take into account any specialized knowledge or experience on the

part of the defendant, the relationship of the purchase price to

the value of the property if uncontaminated, commonly known or

reasonably ascertainable information about the property, the

obviousness of the presence or likely presence of contamination at

the property, and the ability to detect such contamination by

appropriate inspection."

Par. (39). Pub. L. 107-118, Sec. 211(a), added par. (39).

Par. (40). Pub. L. 107-118, Sec. 222(a), added par. (40).

Par. (41). Pub. L. 107-118, Sec. 231(a), added par. (41).

1999 - Par. (20)(D). Pub. L. 106-74, which directed the amendment

of subpar. (D) by inserting "through seizure or otherwise in

connection with law enforcement activity" before "involuntary" the

first place it appears, could not be executed because the word

"involuntary" does not appear in subpar. (D).

1996 - Pars. (8), (16). Pub. L. 104-208, Sec. 101(a) [title II,

Sec. 211(b)], substituted "Magnuson-Stevens Fishery" for "Magnuson

Fishery".

Par. (20)(E) to (G). Pub. L. 104-208, Sec. 2502(b), added

subpars. (E) to (G).

Par. (26). Pub. L. 104-287 substituted "section 60101(a) of title

49" for "the Pipeline Safety Act".

1994 - Par. (26). Pub. L. 103-429 substituted "a hazardous liquid

pipeline facility" for "pipeline".

1988 - Par. (23). Pub. L. 100-707 substituted "Disaster Relief

and Emergency Assistance Act" for "Disaster Relief Act of 1974".

1986 - Pub. L. 99-499, Sec. 101(f), struck out ", the term" after

"subchapter" in introductory text.

Pars. (1) to (10). Pub. L. 99-499, Sec. 101(f), inserted "The

term" and substituted a period for the semicolon at end.

Par. (11). Pub. L. 99-499, Sec. 517(c)(2), amended par. (11)

generally. Prior to amendment, par. (11) read as follows: "The term

'Fund' or 'Trust Fund' means the Hazardous Substance Response Fund

established by section 9631 of this title or, in the case of a

hazardous waste disposal facility for which liability has been

transferred under section 9607(k) of this title, the Post-closure

Liability Fund established by section 9641 of this title."

Pub. L. 99-499, Sec. 101(f), inserted "The term" and substituted

a period for the semicolon at end.

Pars. (12) to (15). Pub. L. 99-499, Sec. 101(f), inserted "The

term" and substituted a period for the semicolon at end.

Par. (16). Pub. L. 99-499, Sec. 101(a), (f), inserted "The term",

struck out "or" after "local government," inserted ", any Indian

tribe, or, if such resources are subject to a trust restriction on

alienation, any member of an Indian tribe", and substituted a

period for the semicolon at end.

Pars. (17) to (19). Pub. L. 99-499, Sec. 101(f), inserted "The

term" and substituted a period for the semicolon at end.

Par. (20)(A). Pub. L. 99-499, Sec. 101(f), inserted "The term".

Pub. L. 99-499, Sec. 101(b)(2), amended cl. (iii) generally.

Prior to amendment, cl. (iii) read as follows: "in the case of any

abandoned facility, any person who owned, operated, or otherwise

controlled activities at such facility immediately prior to such

abandonment."

Pub. L. 99-499, Sec. 101(b)(3), in provisions following subcl.

(iii), substituted a period for the semicolon at end.

Par. (20)(B), (C). Pub. L. 99-499, Sec. 101(b)(3), substituted

"In the case" for "in the case" and a period for the semicolon at

end.

Par. (20)(D). Pub. L. 99-499, Sec. 101(b)(1), (f), added subpar.

(D). The part of Sec. 101(f) of Pub. L. 99-499 which directed the

amendment of par. (20) by changing the semicolon at end to a period

could not be executed in view of the prior amendment of par. (20)

by Sec. 101(b)(1) of Pub. L. 99-499 which added subpar. (D) ending

in a period.

Par. (21). Pub. L. 99-499, Sec. 101(f), inserted "The term" and

substituted a period for the semicolon at end.

Par. (22). Pub. L. 99-499, Sec. 101(c), (f), inserted "The term"

and "(including the abandonment or discarding of barrels,

containers, and other closed receptacles containing any hazardous

substance or pollutant or contaminant)", substituted a period for

the semicolon at end.

Par. (23). Pub. L. 99-499, Sec. 101(f), inserted "The terms" and

substituted a period for the semicolon at end.

Par. (24). Pub. L. 99-499, Sec. 101(d), (f), inserted "The terms"

and substituted "and associated contaminated materials" for "or

contaminated materials" and "welfare; the term includes offsite

transport and offsite storage, treatment, destruction, or secure

disposition of hazardous substances and associated contaminated

materials." for "welfare. The term does not include offsite

transport of hazardous substances, or the storage, treatment,

destruction, or secure disposition offsite of such hazardous

substances or contaminated materials unless the President

determines that such actions (A) are more cost-effective than other

remedial actions, (B) will create new capacity to manage, in

compliance with subtitle C of the Solid Waste Disposal Act [42

U.S.C. 6921 et seq.], hazardous substances in addition to those

located at the affected facility, or (C) are necessary to protect

public health or welfare or the environment from a present or

potential risk which may be created by further exposure to the

continued presence of such substances or materials;". The part of

Sec. 101(f) of Pub. L. 99-499 which directed amendment of par. (24)

by changing the semicolon at end to a period could not be executed

in view of prior amendment of par. (24) by Sec. 101(d) of Pub. L.

99-499 which substituted language at end of par. (24) ending in a

period for former language ending in a semicolon.

Par. (25). Pub. L. 99-499, Sec. 101(e), (f), inserted "The terms"

and ", all such terms (including the terms 'removal' and 'remedial

action') include enforcement activities related thereto." The part

of Sec. 101(f) of Pub. L. 99-499 which directed amendment of par.

(25) by changing the semicolon at end to a period could not be

executed in view of prior amendment of par. (25) by Sec. 101(e) of

Pub. L. 99-499 inserting language and a period at end of par. (25).

Pars. (26), (27). Pub. L. 99-499, Sec. 101(f), inserted "The

terms" and substituted a period for the semicolon at end.

Par. (28). Pub. L. 99-499, Sec. 101(f), inserted "The term" and

substituted a period for the semicolon at end.

Par. (29). Pub. L. 99-499, Sec. 101(f), inserted "The terms" and

substituted a period for the semicolon at end.

Par. (30). Pub. L. 99-499, Sec. 101(f), inserted "The terms".

Par. (31). Pub. L. 99-499, Sec. 101(f), inserted "The term" and

substituted a period for "; and".

Par. (32). Pub. L. 99-499, Sec. 101(f), inserted "The terms".

Pars. (33) to (36). Pub. L. 99-499, Sec. 101(f), added pars. (33)

to (36).

Par. (37). Pub. L. 99-499, Sec. 114(b), added par. (37).

Par. (38). Pub. L. 99-499, Sec. 127(a), added par. (38).

1980 - Pars. (8), (16). Pub. L. 96-561 substituted "Magnuson

Fishery Conservation and Management Act" for "Fishery Conservation

and Management Act of 1976".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

Amendment by section 2502(b) of Pub. L. 104-208 applicable with

respect to any claim that has not been finally adjudicated as of

Sept. 30, 1996, see section 2505 of Pub. L. 104-208, set out as a

note under section 6991b of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 4 of Pub. L. 99-499 provided that: "Except as otherwise

specified in section 121(b) of this Act [set out as an Effective

Date note under section 9621 of this title] or in any other

provision of titles I, II, III, and IV of this Act [see Tables for

classification], the amendments made by titles I through IV of this

Act [enacting subchapter IV of this chapter and sections 9616 to

9626, 9658 to 9660, and 9661 of this title and sections 2701 to

2707 and 2810 of Title 10, Armed Forces, amending sections 6926,

6928, 6991 to 6991d, 6991g, 9601 to 9609, 9611 to 9614, 9631, 9651,

9656, and 9657 of this title and section 1416 of Title 33,

Navigation and Navigable Waters, and renumbering former section

2701 of Title 10 as section 2721 of Title 10] shall take effect on

the enactment of this Act [Oct. 17, 1986]."

Amendment by section 517(c)(2) of Pub. L. 99-499 effective Jan.

1, 1987, see section 517(e) of Pub. L. 99-499, set out as an

Effective Date note under section 9507 of Title 26, Internal

Revenue Code.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107-118, Sec. 1, Jan. 11, 2002, 115 Stat. 2356, provided

that: "This Act [enacting section 9628 of this title, amending this

section and sections 9604, 9605, 9607, and 9622 of this title, and

enacting provisions set out as notes under this section and section

9607 of this title] may be cited as the 'Small Business Liability

Relief and Brownfields Revitalization Act'."

Pub. L. 107-118, title I, Sec. 101, Jan. 11, 2002, 115 Stat.

2356, provided that: "This title [amending sections 9607 and 9622

of this title and enacting provisions set out as a note under

section 9607 of this title] may be cited as the 'Small Business

Liability Protection Act'."

Pub. L. 107-118, title II, Sec. 201, Jan. 11, 2002, 115 Stat.

2360, provided that: "This title [enacting section 9628 of this

title and amending this section and sections 9604, 9605, and 9607

of this title] may be cited as the 'Brownfields Revitalization and

Environmental Restoration Act of 2001'."

SHORT TITLE OF 1996 AMENDMENT

Section 2501 of div. A of Pub. L. 104-208 provided that: "This

subtitle [subtitle E (Secs. 2501-2505) of title II of div. A of

Pub. L. 104-208, amending this section and sections 6991b and 9607

of this title and enacting provisions set out as a note under

section 6991b of this title] may be cited as the 'Asset

Conservation, Lender Liability, and Deposit Insurance Protection

Act of 1996'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-426, Sec. 1, Oct. 19, 1992, 106 Stat. 2174, provided

that: "This Act [amending section 9620 of this title and enacting

provisions set out as a note under section 9620 of this title] may

be cited as the 'Community Environmental Response Facilitation

Act'."

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-499 provided that: "This Act [enacting

subchapter IV of this chapter and sections 9616 to 9626, 9658 to

9662, 11001 to 11005, 11021 to 11023, and 11041 to 11050 of this

title, sections 2701 to 2707 and 2810 of Title 10, Armed Forces,

and sections 59A, 4671, 4672, 9507, and 9508 of Title 26, Internal

Revenue Code, amending this section, sections 6926, 6928, 6991 to

6991d, 6991g, 9602 to 9609, 9611 to 9614, 9631, 9651, 9656, and

9657 of this title, sections 26, 164, 275, 936, 1561, 4041, 4042,

4081, 4221, 4611, 4612, 4661, 4662, 6154, 6416, 6420, 6421, 6425,

6427, 6655, 9502, 9503, and 9506 of Title 26, and section 1416 of

Title 33, Navigation and Navigable Waters, renumbering former

section 2701 of Title 10 as section 2721 of Title 10, repealing

sections 9631 to 9633, 9641, and 9653 of this title and sections

4681 and 4682 of Title 26, and enacting provisions set out as notes

under this section, sections 6921, 6991b, 7401, 9620, 9621, 9658,

9660, 9661, and 11001 of this title, section 2703 of Title 10,

sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of

Title 26, and section 655 of Title 29, Labor] may be cited as the

'Superfund Amendments and Reauthorization Act of 1986'."

SHORT TITLE

Section 1 of Pub. L. 96-510 provided: "That this Act [enacting

this chapter, section 6911a of this title, and sections 4611, 4612,

4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code,

amending section 6911 of this title, section 1364 of Title 33,

Navigation and Navigable Waters, and section 11901 of Title 49,

Transportation, and enacting provisions set out as notes under

section 6911 of this title and sections 1 and 4611 of Title 26] may

be cited as the 'Comprehensive Environmental Response,

Compensation, and Liability Act of 1980'."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-CROSS-

DEFINITIONS

Section 2 of Pub. L. 99-499 provided that: "As used in this Act

[see Short Title of 1986 Amendment note above] -

"(1) CERCLA. - The term 'CERCLA' means the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601 et seq.).

"(2) Administrator. - The term 'Administrator' means the

Administrator of the Environmental Protection Agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300g-1, 6991, 6991b,

7274q, 9602, 9603, 9604, 9607, 9613, 9624, 9656, 11004 of this

title; title 7 section 1985; title 10 sections 2692, 2700, 2701,

2703, 2708; title 14 section 690; title 16 section 460lll; title 26

section 198; title 33 section 2701.

-FOOTNOTE-

(!1) So in original. Probably should be "or".

(!2) So in original. Probably should be followed by a closing

parenthesis.

(!3) So in original. Probably should be "mean".

(!4) So in original.

(!5) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9602. Designation of additional hazardous substances and

establishment of reportable released quantities; regulations

-STATUTE-

(a) The Administrator shall promulgate and revise as may be

appropriate, regulations designating as hazardous substances, in

addition to those referred to in section 9601(14) of this title,

such elements, compounds, mixtures, solutions, and substances

which, when released into the environment may present substantial

danger to the public health or welfare or the environment, and

shall promulgate regulations establishing that quantity of any

hazardous substance the release of which shall be reported pursuant

to section 9603 of this title. The Administrator may determine that

one single quantity shall be the reportable quantity for any

hazardous substance, regardless of the medium into which the

hazardous substance is released. For all hazardous substances for

which proposed regulations establishing reportable quantities were

published in the Federal Register under this subsection on or

before March 1, 1986, the Administrator shall promulgate under this

subsection final regulations establishing reportable quantities not

later than December 31, 1986. For all hazardous substances for

which proposed regulations establishing reportable quantities were

not published in the Federal Register under this subsection on or

before March 1, 1986, the Administrator shall publish under this

subsection proposed regulations establishing reportable quantities

not later than December 31, 1986, and promulgate final regulations

under this subsection establishing reportable quantities not later

than April 30, 1988."

(b) Unless and until superseded by regulations establishing a

reportable quantity under subsection (a) of this section for any

hazardous substance as defined in section 9601(14) of this title,

(1) a quantity of one pound, or (2) for those hazardous substances

for which reportable quantities have been established pursuant to

section 1321(b)(4) of title 33, such reportable quantity, shall be

deemed that quantity, the release of which requires notification

pursuant to section 9603(a) or (b) of this title.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 102, Dec. 11, 1980, 94 Stat. 2772;

Pub. L. 99-499, title I, Sec. 102, Oct. 17, 1986, 100 Stat. 1617.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-499 inserted provisions setting

deadlines for promulgation of proposed and final regulations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9601, 9603, 11004 of this

title; title 10 section 2692; title 26 section 198; title 33

section 1319.

-End-

-CITE-

42 USC Sec. 9603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9603. Notification requirements respecting released substances

-STATUTE-

(a) Notice to National Response Center upon release from vessel or

offshore or onshore facility by person in charge; conveyance of

notice by Center

Any person in charge of a vessel or an offshore or an onshore

facility shall, as soon as he has knowledge of any release (other

than a federally permitted release) of a hazardous substance from

such vessel or facility in quantities equal to or greater than

those determined pursuant to section 9602 of this title,

immediately notify the National Response Center established under

the Clean Water Act [33 U.S.C. 1251 et seq.] of such release. The

National Response Center shall convey the notification

expeditiously to all appropriate Government agencies, including the

Governor of any affected State.

(b) Penalties for failure to notify; use of notice or information

pursuant to notice in criminal case

Any person -

(1) in charge of a vessel from which a hazardous substance is

released, other than a federally permitted release, into or upon

the navigable waters of the United States, adjoining shorelines,

or into or upon the waters of the contiguous zone, or

(2) in charge of a vessel from which a hazardous substance is

released, other than a federally permitted release, which may

affect natural resources belonging to, appertaining to, or under

the exclusive management authority of the United States

(including resources under the Magnuson-Stevens Fishery

Conservation and Management Act [16 U.S.C. 1801 et seq.]), and

who is otherwise subject to the jurisdiction of the United States

at the time of the release, or

(3) in charge of a facility from which a hazardous substance is

released, other than a federally permitted release,

in a quantity equal to or greater than that determined pursuant to

section 9602 of this title who fails to notify immediately the

appropriate agency of the United States Government as soon as he

has knowledge of such release or who submits in such a notification

any information which he knows to be false or misleading shall,

upon conviction, be fined in accordance with the applicable

provisions of title 18 or imprisoned for not more than 3 years (or

not more than 5 years in the case of a second or subsequent

conviction), or both. Notification received pursuant to this

subsection or information obtained by the exploitation of such

notification shall not be used against any such person in any

criminal case, except a prosecution for perjury or for giving a

false statement.

facility by owner or operator; exception; time, manner, and form

of notice; penalties for failure to notify; use of notice or

information pursuant to notice in criminal case

Within one hundred and eighty days after December 11, 1980, any

person who owns or operates or who at the time of disposal owned or

operated, or who accepted hazardous substances for transport and

selected, a facility at which hazardous substances (as defined in

section 9601(14)(C) of this title) are or have been stored,

treated, or disposed of shall, unless such facility has a permit

issued under, or has been accorded interim status under, subtitle C

of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], notify

the Administrator of the Environmental Protection Agency of the

existence of such facility, specifying the amount and type of any

hazardous substance to be found there, and any known, suspected, or

likely releases of such substances from such facility. The

Administrator may prescribe in greater detail the manner and form

of the notice and the information included. The Administrator shall

notify the affected State agency, or any department designated by

the Governor to receive such notice, of the existence of such

facility. Any person who knowingly fails to notify the

Administrator of the existence of any such facility shall, upon

conviction, be fined not more than $10,000, or imprisoned for not

more than one year, or both. In addition, any such person who

knowingly fails to provide the notice required by this subsection

shall not be entitled to any limitation of liability or to any

defenses to liability set out in section 9607 of this title:

Provided, however, That notification under this subsection is not

required for any facility which would be reportable hereunder

solely as a result of any stoppage in transit which is temporary,

incidental to the transportation movement, or at the ordinary

operating convenience of a common or contract carrier, and such

stoppage shall be considered as a continuity of movement and not as

the storage of a hazardous substance. Notification received

pursuant to this subsection or information obtained by the

exploitation of such notification shall not be used against any

such person in any criminal case, except a prosecution for perjury

or for giving a false statement.

(d) Recordkeeping requirements; promulgation of rules and

regulations by Administrator of EPA; penalties for violations;

waiver of retention requirements

(1) The Administrator of the Environmental Protection Agency is

authorized to promulgate rules and regulations specifying, with

respect to -

(A) the location, title, or condition of a facility, and

(B) the identity, characteristics, quantity, origin, or

condition (including containerization and previous treatment) of

any hazardous substances contained or deposited in a facility;

the records which shall be retained by any person required to

provide the notification of a facility set out in subsection (c) of

this section. Such specification shall be in accordance with the

provisions of this subsection.

(2) Beginning with December 11, 1980, for fifty years thereafter

or for fifty years after the date of establishment of a record

(whichever is later), or at any such earlier time as a waiver if

obtained under paragraph (3) of this subsection, it shall be

unlawful for any such person knowingly to destroy, mutilate, erase,

dispose of, conceal, or otherwise render unavailable or unreadable

or falsify any records identified in paragraph (1) of this

subsection. Any person who violates this paragraph shall, upon

conviction, be fined in accordance with the applicable provisions

of title 18 or imprisoned for not more than 3 years (or not more

than 5 years in the case of a second or subsequent conviction), or

both.

(3) At any time prior to the date which occurs fifty years after

December 11, 1980, any person identified under paragraph (1) of

this subsection may apply to the Administrator of the Environmental

Protection Agency for a waiver of the provisions of the first

sentence of paragraph (2) of this subsection. The Administrator is

authorized to grant such waiver if, in his discretion, such waiver

would not unreasonably interfere with the attainment of the

purposes and provisions of this chapter. The Administrator shall

promulgate rules and regulations regarding such a waiver so as to

inform parties of the proper application procedure and conditions

for approval of such a waiver.

(4) Notwithstanding the provisions of this subsection, the

Administrator of the Environmental Protection Agency may in his

discretion require any such person to retain any record identified

pursuant to paragraph (1) of this subsection for such a time period

in excess of the period specified in paragraph (2) of this

subsection as the Administrator determines to be necessary to

protect the public health or welfare.

(e) Applicability to registered pesticide product

This section shall not apply to the application of a pesticide

product registered under the Federal Insecticide, Fungicide, and

Rodenticide Act [7 U.S.C. 136 et seq.] or to the handling and

storage of such a pesticide product by an agricultural producer.

(f) Exemptions from notice and penalty provisions for substances

reported under other Federal law or is in continuous release,

etc.

No notification shall be required under subsection (a) or (b) of

this section for any release of a hazardous substance -

(1) which is required to be reported (or specifically exempted

from a requirement for reporting) under subtitle C of the Solid

Waste Disposal Act [42 U.S.C. 6921 et seq.] or regulations

thereunder and which has been reported to the National Response

Center, or

(2) which is a continuous release, stable in quantity and rate,

and is -

(A) from a facility for which notification has been given

under subsection (c) of this section, or

(B) a release of which notification has been given under

subsections (a) and (b) of this section for a period sufficient

to establish the continuity, quantity, and regularity of such

release:

Provided, That notification in accordance with subsections (a)

and (b) of this paragraph shall be given for releases subject to

this paragraph annually, or at such time as there is any

statistically significant increase in the quantity of any

hazardous substance or constituent thereof released, above that

previously reported or occurring.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 103, Dec. 11, 1980, 94 Stat. 2772;

Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.

3300; Pub. L. 99-499, title I, Secs. 103, 109(a)(1), (2), Oct. 17,

1986, 100 Stat. 1617, 1632, 1633; Pub. L. 104-208, div. A, title I,

Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.

3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Water Act, referred to in subsec. (a), is act June 30,

1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct.

18, 1972, 86 Stat. 816, also known as the Federal Water Pollution

Control Act, which is classified generally to chapter 26 (Sec. 1251

et seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of Title 33 and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (b)(2), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 16 and Tables.

The Solid Waste Disposal Act, referred to in subsecs. (c) and

(f)(1), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997,

as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90

Stat. 2795. Subtitle C of the Solid Waste Disposal Act is

classified generally to subchapter III (Sec. 6921 et seq.) of

chapter 82 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 6901 of

this title and Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (e), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of Title 7, Agriculture. For complete classification of this Act

to the Code, see Short Title note set out under section 136 of

Title 7 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-208 substituted

"Magnuson-Stevens Fishery" for "Magnuson Fishery".

1986 - Subsec. (b). Pub. L. 99-499, Secs. 103, 109(a), adjusted

left hand margin of text following "federally permitted release,"

third place appearing so that there is no indentation of that text,

inserted "or who submits in such a notification any information

which he knows to be false or misleading", and substituted "in

accordance with the applicable provisions of title 18 or imprisoned

for not more than 3 years (or not more than 5 years in the case of

a second or subsequent conviction), or both" for "not more than

$10,000 or imprisoned for not more than one year, or both" and

"subsection" for "paragraph".

Subsec. (d)(2). Pub. L. 99-499, Sec. 109(a)(2), substituted "in

accordance with the applicable provisions of title 18 or imprisoned

for not more than 3 years (or not more than 5 years in the case of

a second or subsequent conviction), or both" for "not more than

$20,000, or imprisoned for not more than one year, or both" as the

probable intent of Congress, notwithstanding directory language

that the substitution be made for "not more than $20,000, or

imprisoned for not more than one year or both".

1980 - Subsec. (b)(2). Pub. L. 96-561 substituted "Magnuson

Fishery Conservation and Management Act" for "Fishery Conservation

and Management Act of 1976".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

-EXEC-

CONTIGUOUS ZONE OF UNITED STATES

For extension of contiguous zone of United States, see Proc. No.

7219, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6937, 6991a, 9602, 9609,

9620, 9626, 11004 of this title.

-End-

-CITE-

42 USC Sec. 9604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9604. Response authorities

-STATUTE-

(a) Removal and other remedial action by President; applicability

of national contingency plan; response by potentially responsible

parties; public health threats; limitations on response;

exception

(1) Whenever (A) any hazardous substance is released or there is

a substantial threat of such a release into the environment, or (B)

there is a release or substantial threat of release into the

environment of any pollutant or contaminant which may present an

imminent and substantial danger to the public health or welfare,

the President is authorized to act, consistent with the national

contingency plan, to remove or arrange for the removal of, and

provide for remedial action relating to such hazardous substance,

pollutant, or contaminant at any time (including its removal from

any contaminated natural resource), or take any other response

measure consistent with the national contingency plan which the

President deems necessary to protect the public health or welfare

or the environment. When the President determines that such action

will be done properly and promptly by the owner or operator of the

facility or vessel or by any other responsible party, the President

may allow such person to carry out the action, conduct the remedial

investigation, or conduct the feasibility study in accordance with

section 9622 of this title. No remedial investigation or

feasibility study (RI/FS) shall be authorized except on a

determination by the President that the party is qualified to

conduct the RI/FS and only if the President contracts with or

arranges for a qualified person to assist the President in

overseeing and reviewing the conduct of such RI/FS and if the

responsible party agrees to reimburse the Fund for any cost

incurred by the President under, or in connection with, the

oversight contract or arrangement. In no event shall a potentially

responsible party be subject to a lesser standard of liability,

receive preferential treatment, or in any other way, whether direct

or indirect, benefit from any such arrangements as a response

action contractor, or as a person hired or retained by such a

response action contractor, with respect to the release or facility

in question. The President shall give primary attention to those

releases which the President deems may present a public health

threat.

(2) Removal Action. - Any removal action undertaken by the

President under this subsection (or by any other person referred to

in section 9622 of this title) should, to the extent the President

deems practicable, contribute to the efficient performance of any

long term remedial action with respect to the release or threatened

release concerned.

(3) Limitations on Response. - The President shall not provide

for a removal or remedial action under this section in response to

a release or threat of release -

(A) of a naturally occurring substance in its unaltered form,

or altered solely through naturally occurring processes or

phenomena, from a location where it is naturally found;

(B) from products which are part of the structure of, and

result in exposure within, residential buildings or business or

community structures; or

deterioration of the system through ordinary use.

(4) Exception to Limitations. - Notwithstanding paragraph (3) of

this subsection, to the extent authorized by this section, the

President may respond to any release or threat of release if in the

President's discretion, it constitutes a public health or

environmental emergency and no other person with the authority and

capability to respond to the emergency will do so in a timely

manner.

(b) Investigations, monitoring, coordination, etc., by President

(1) Information; studies and investigations

Whenever the President is authorized to act pursuant to

subsection (a) of this section, or whenever the President has

reason to believe that a release has occurred or is about to

occur, or that illness, disease, or complaints thereof may be

attributable to exposure to a hazardous substance, pollutant, or

contaminant and that a release may have occurred or be occurring,

he may undertake such investigations, monitoring, surveys,

testing, and other information gathering as he may deem necessary

or appropriate to identify the existence and extent of the

release or threat thereof, the source and nature of the hazardous

substances, pollutants or contaminants involved, and the extent

of danger to the public health or welfare or to the environment.

In addition, the President may undertake such planning, legal,

fiscal, economic, engineering, architectural, and other studies

or investigations as he may deem necessary or appropriate to plan

and direct response actions, to recover the costs thereof, and to

enforce the provisions of this chapter.

(2) Coordination of investigations

The President shall promptly notify the appropriate Federal and

State natural resource trustees of potential damages to natural

resources resulting from releases under investigation pursuant to

this section and shall seek to coordinate the assessments,

investigations, and planning under this section with such Federal

and State trustees.

specified amount for response actions; consultation by President

with affected States; contracts or cooperative agreements by

States with President prior to remedial actions; cost-sharing

agreements; selection by President of remedial actions; State

credits: granting of credit, expenses before listing or

agreement, response actions between 1978 and 1980, State expenses

after December 11, 1980, in excess of 10 percent of costs,

item-by-item approval, use of credits; operation and maintenance;

limitation on source of funds for O&M; recontracting; siting

(1) Unless (A) the President finds that (i) continued response

actions are immediately required to prevent, limit, or mitigate an

emergency, (ii) there is an immediate risk to public health or

welfare or the environment, and (iii) such assistance will not

otherwise be provided on a timely basis, or (B) the President has

determined the appropriate remedial actions pursuant to paragraph

(2) of this subsection and the State or States in which the source

of the release is located have complied with the requirements of

paragraph (3) of this subsection, or (C) continued response action

is otherwise appropriate and consistent with the remedial action to

be taken (!1) obligations from the Fund, other than those

authorized by subsection (b) of this section, shall not continue

after $2,000,000 has been obligated for response actions or 12

months has elapsed from the date of initial response to a release

or threatened release of hazardous substances.

(2) The President shall consult with the affected State or States

before determining any appropriate remedial action to be taken

pursuant to the authority granted under subsection (a) of this

section.

(3) The President shall not provide any remedial actions pursuant

to this section unless the State in which the release occurs first

enters into a contract or cooperative agreement with the President

providing assurances deemed adequate by the President that (A) the

State will assure all future maintenance of the removal and

remedial actions provided for the expected life of such actions as

determined by the President; (B) the State will assure the

availability of a hazardous waste disposal facility acceptable to

the President and in compliance with the requirements of subtitle C

of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] for any

necessary offsite storage, destruction, treatment, or secure

disposition of the hazardous substances; and (C) the State will pay

or assure payment of (i) 10 per centum of the costs of the remedial

action, including all future maintenance, or (ii) 50 percent (or

such greater amount as the President may determine appropriate,

taking into account the degree of responsibility of the State or

political subdivision for the release) of any sums expended in

response to a release at a facility, that was operated by the State

or a political subdivision thereof, either directly or through a

contractual relationship or otherwise, at the time of any disposal

of hazardous substances therein. For the purpose of clause (ii) of

this subparagraph, the term "facility" does not include navigable

waters or the beds underlying those waters. In the case of remedial

action to be taken on land or water held by an Indian tribe, held

by the United States in trust for Indians, held by a member of an

Indian tribe (if such land or water is subject to a trust

restriction on alienation), or otherwise within the borders of an

Indian reservation, the requirements of this paragraph for

assurances regarding future maintenance and cost-sharing shall not

apply, and the President shall provide the assurance required by

this paragraph regarding the availability of a hazardous waste

disposal facility.

(4) Selection of Remedial Action. - The President shall select

remedial actions to carry out this section in accordance with

section 9621 of this title (relating to cleanup standards).

(5) State Credits. -

(A) Granting of credit. - The President shall grant a State a

credit against the share of the costs, for which it is

responsible under paragraph (3) with respect to a facility listed

on the National Priorities List under the National Contingency

Plan, for amounts expended by a State for remedial action at such

facility pursuant to a contract or cooperative agreement with the

President. The credit under this paragraph shall be limited to

those State expenses which the President determines to be

reasonable, documented, direct out-of-pocket expenditures of

non-Federal funds.

(B) Expenses before listing or agreement. - The credit under

this paragraph shall include expenses for remedial action at a

facility incurred before the listing of the facility on the

National Priorities List or before a contract or cooperative

agreement is entered into under subsection (d) of this section

for the facility if -

(i) after such expenses are incurred the facility is listed

on such list and a contract or cooperative agreement is entered

into for the facility, and

(ii) the President determines that such expenses would have

been credited to the State under subparagraph (A) had the

expenditures been made after listing of the facility on such

list and after the date on which such contract or cooperative

agreement is entered into.

this paragraph shall include funds expended or obligated by the

State or a political subdivision thereof after January 1, 1978,

and before December 11, 1980, for cost-eligible response actions

and claims for damages compensable under section 9611 of this

title.

(D) State expenses after december 11, 1980, in excess of 10

percent of costs. - The credit under this paragraph shall include

90 percent of State expenses incurred at a facility owned, but

not operated, by such State or by a political subdivision

thereof. Such credit applies only to expenses incurred pursuant

to a contract or cooperative agreement under subsection (d) of

this section and only to expenses incurred after December 11,

1980, but before October 17, 1986.

(E) Item-by-item approval. - In the case of expenditures made

after October 17, 1986, the President may require prior approval

of each item of expenditure as a condition of granting a credit

under this paragraph.

(F) Use of credits. - Credits granted under this paragraph for

funds expended with respect to a facility may be used by the

State to reduce all or part of the share of costs otherwise

required to be paid by the State under paragraph (3) in

connection with remedial actions at such facility. If the amount

of funds for which credit is allowed under this paragraph exceeds

such share of costs for such facility, the State may use the

amount of such excess to reduce all or part of the share of such

costs at other facilities in that State. A credit shall not

entitle the State to any direct payment.

(6) Operation and Maintenance. - For the purposes of paragraph

(3) of this subsection, in the case of ground or surface water

contamination, completed remedial action includes the completion of

treatment or other measures, whether taken onsite or offsite,

necessary to restore ground and surface water quality to a level

that assures protection of human health and the environment. With

respect to such measures, the operation of such measures for a

period of up to 10 years after the construction or installation and

commencement of operation shall be considered remedial action.

Activities required to maintain the effectiveness of such measures

following such period or the completion of remedial action,

whichever is earlier, shall be considered operation or maintenance.

(7) Limitation on Source of Funds for O&M. - During any period

after the availability of funds received by the Hazardous Substance

Superfund established under subchapter A of chapter 98 of title 26

from tax revenues or appropriations from general revenues, the

Federal share of the payment of the cost of operation or

maintenance pursuant to paragraph (3)(C)(i) or paragraph (6) of

this subsection (relating to operation and maintenance) shall be

from funds received by the Hazardous Substance Superfund from

amounts recovered on behalf of such fund under this chapter.

(8) Recontracting. - The President is authorized to undertake or

continue whatever interim remedial actions the President determines

to be appropriate to reduce risks to public health or the

environment where the performance of a complete remedial action

requires recontracting because of the discovery of sources, types,

or quantities of hazardous substances not known at the time of

entry into the original contract. The total cost of interim actions

undertaken at a facility pursuant to this paragraph shall not

exceed $2,000,000.

(9) Siting. - Effective 3 years after October 17, 1986, the

President shall not provide any remedial actions pursuant to this

section unless the State in which the release occurs first enters

into a contract or cooperative agreement with the President

providing assurances deemed adequate by the President that the

State will assure the availability of hazardous waste treatment or

disposal facilities which -

(A) have adequate capacity for the destruction, treatment, or

secure disposition of all hazardous wastes that are reasonably

expected to be generated within the State during the 20-year

period following the date of such contract or cooperative

agreement and to be disposed of, treated, or destroyed,

(B) are within the State or outside the State in accordance

with an interstate agreement or regional agreement or authority,

(D) are in compliance with the requirements of subtitle C of

the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.].

(d) Contracts or cooperative agreements by President with States or

political subdivisions or Indian tribes; State applications,

terms and conditions; reimbursements; cost-sharing provisions;

enforcement requirements and procedures

(1) Cooperative Agreements. -

(A) State applications. - A State or political subdivision

thereof or Indian tribe may apply to the President to carry out

actions authorized in this section. If the President determines

that the State or political subdivision or Indian tribe has the

capability to carry out any or all of such actions in accordance

with the criteria and priorities established pursuant to section

9605(a)(8) of this title and to carry out related enforcement

actions, the President may enter into a contract or cooperative

agreement with the State or political subdivision or Indian tribe

to carry out such actions. The President shall make a

determination regarding such an application within 90 days after

the President receives the application.

(B) Terms and conditions. - A contract or cooperative agreement

under this paragraph shall be subject to such terms and

conditions as the President may prescribe. The contract or

cooperative agreement may cover a specific facility or specific

facilities.

period beginning September 30, 1985, and ending on October 17,

1986, for response actions at any site included on the National

Priorities List and subject to a cooperative agreement under this

chapter shall be reimbursed for the share of costs of such

actions for which the Federal Government is responsible under

this chapter.

(2) If the President enters into a cost-sharing agreement

pursuant to subsection (c) of this section or a contract or

cooperative agreement pursuant to this subsection, and the State or

political subdivision thereof fails to comply with any requirements

of the contract, the President may, after providing sixty days

notice, seek in the appropriate Federal district court to enforce

the contract or to recover any funds advanced or any costs incurred

because of the breach of the contract by the State or political

subdivision.

(3) Where a State or a political subdivision thereof is acting in

behalf of the President, the President is authorized to provide

technical and legal assistance in the administration and

enforcement of any contract or subcontract in connection with

response actions assisted under this subchapter, and to intervene

in any civil action involving the enforcement of such contract or

subcontract.

(4) Where two or more noncontiguous facilities are reasonably

related on the basis of geography, or on the basis of the threat,

or potential threat to the public health or welfare or the

environment, the President may, in his discretion, treat these

related facilities as one for purposes of this section.

(e) Information gathering and access

(1) Action authorized

Any officer, employee, or representative of the President, duly

designated by the President, is authorized to take action under

paragraph (2), (3), or (4) (or any combination thereof) at a

vessel, facility, establishment, place, property, or location or,

in the case of paragraph (3) or (4), at any vessel, facility,

establishment, place, property, or location which is adjacent to

the vessel, facility, establishment, place, property, or location

referred to in such paragraph (3) or (4). Any duly designated

officer, employee, or representative of a State or political

subdivision under a contract or cooperative agreement under

subsection (d)(1) of this section is also authorized to take such

action. The authority of paragraphs (3) and (4) may be exercised

only if there is a reasonable basis to believe there may be a

release or threat of release of a hazardous substance or

pollutant or contaminant. The authority of this subsection may be

exercised only for the purposes of determining the need for

response, or choosing or taking any response action under this

subchapter, or otherwise enforcing the provisions of this

subchapter.

(2) Access to information

Any officer, employee, or representative described in paragraph

(1) may require any person who has or may have information

relevant to any of the following to furnish, upon reasonable

notice, information or documents relating to such matter:

(A) The identification, nature, and quantity of materials

which have been or are generated, treated, stored, or disposed

of at a vessel or facility or transported to a vessel or

facility.

(B) The nature or extent of a release or threatened release

of a hazardous substance or pollutant or contaminant at or from

a vessel or facility.

for or to perform a cleanup.

In addition, upon reasonable notice, such person either (i) shall

grant any such officer, employee, or representative access at all

reasonable times to any vessel, facility, establishment, place,

property, or location to inspect and copy all documents or

records relating to such matters or (ii) shall copy and furnish

to the officer, employee, or representative all such documents or

records, at the option and expense of such person.

(3) Entry

Any officer, employee, or representative described in paragraph

(1) is authorized to enter at reasonable times any of the

following:

(A) Any vessel, facility, establishment, or other place or

property where any hazardous substance or pollutant or

contaminant may be or has been generated, stored, treated,

disposed of, or transported from.

(B) Any vessel, facility, establishment, or other place or

property from which or to which a hazardous substance or

pollutant or contaminant has been or may have been released.

property where such release is or may be threatened.

(D) Any vessel, facility, establishment, or other place or

property where entry is needed to determine the need for

response or the appropriate response or to effectuate a

response action under this subchapter.

(4) Inspection and samples

(A) Authority

Any officer, employee or representative described in

paragraph (1) is authorized to inspect and obtain samples from

any vessel, facility, establishment, or other place or property

referred to in paragraph (3) or from any location of any

suspected hazardous substance or pollutant or contaminant. Any

such officer, employee, or representative is authorized to

inspect and obtain samples of any containers or labeling for

suspected hazardous substances or pollutants or contaminants.

Each such inspection shall be completed with reasonable

promptness.

(B) Samples

If the officer, employee, or representative obtains any

samples, before leaving the premises he shall give to the

owner, operator, tenant, or other person in charge of the place

from which the samples were obtained a receipt describing the

sample obtained and, if requested, a portion of each such

sample. A copy of the results of any analysis made of such

samples shall be furnished promptly to the owner, operator,

tenant, or other person in charge, if such person can be

located.

(5) Compliance orders

(A) Issuance

If consent is not granted regarding any request made by an

officer, employee, or representative under paragraph (2), (3),

or (4), the President may issue an order directing compliance

with the request. The order may be issued after such notice and

opportunity for consultation as is reasonably appropriate under

the circumstances.

(B) Compliance

The President may ask the Attorney General to commence a

civil action to compel compliance with a request or order

referred to in subparagraph (A). Where there is a reasonable

basis to believe there may be a release or threat of a release

of a hazardous substance or pollutant or contaminant, the court

shall take the following actions:

(i) In the case of interference with entry or inspection,

the court shall enjoin such interference or direct compliance

with orders to prohibit interference with entry or inspection

unless under the circumstances of the case the demand for

entry or inspection is arbitrary and capricious, an abuse of

discretion, or otherwise not in accordance with law.

(ii) In the case of information or document requests or

orders, the court shall enjoin interference with such

information or document requests or orders or direct

compliance with the requests or orders to provide such

information or documents unless under the circumstances of

the case the demand for information or documents is arbitrary

and capricious, an abuse of discretion, or otherwise not in

accordance with law.

The court may assess a civil penalty not to exceed $25,000 for

each day of noncompliance against any person who unreasonably

fails to comply with the provisions of paragraph (2), (3), or

(4) or an order issued pursuant to subparagraph (A) of this

paragraph.

(6) Other authority

Nothing in this subsection shall preclude the President from

securing access or obtaining information in any other lawful

manner.

(7) Confidentiality of information

(A) Any records, reports, or information obtained from any

person under this section (including records, reports, or

information obtained by representatives of the President) shall

be available to the public, except that upon a showing

satisfactory to the President (or the State, as the case may be)

by any person that records, reports, or information, or

particular part thereof (other than health or safety effects

data), to which the President (or the State, as the case may be)

or any officer, employee, or representative has access under this

section if made public would divulge information entitled to

protection under section 1905 of title 18, such information or

particular portion thereof shall be considered confidential in

accordance with the purposes of that section, except that such

record, report, document or information may be disclosed to other

officers, employees, or authorized representatives of the United

States concerned with carrying out this chapter, or when relevant

in any proceeding under this chapter.

(B) Any person not subject to the provisions of section 1905 of

title 18 who knowingly and willfully divulges or discloses any

information entitled to protection under this subsection shall,

upon conviction, be subject to a fine of not more than $5,000 or

to imprisonment not to exceed one year, or both.

provide such data may (i) designate the data which such person

believes is entitled to protection under this subsection and (ii)

submit such designated data separately from other data submitted

under this chapter. A designation under this paragraph shall be

made in writing and in such manner as the President may prescribe

by regulation.

(D) Notwithstanding any limitation contained in this section or

any other provision of law, all information reported to or

otherwise obtained by the President (or any representative of the

President) under this chapter shall be made available, upon

written request of any duly authorized committee of the Congress,

to such committee.

(E) No person required to provide information under this

chapter may claim that the information is entitled to protection

under this paragraph unless such person shows each of the

following:

(i) Such person has not disclosed the information to any

other person, other than a member of a local emergency planning

committee established under title III of the Amendments and

Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.], an

officer or employee of the United States or a State or local

government, an employee of such person, or a person who is

bound by a confidentiality agreement, and such person has taken

reasonable measures to protect the confidentiality of such

information and intends to continue to take such measures.

(ii) The information is not required to be disclosed, or

otherwise made available, to the public under any other Federal

or State law.

(iii) Disclosure of the information is likely to cause

substantial harm to the competitive position of such person.

(iv) The specific chemical identity, if sought to be

protected, is not readily discoverable through reverse

engineering.

(F) The following information with respect to any hazardous

substance at the facility or vessel shall not be entitled to

protection under this paragraph:

(i) The trade name, common name, or generic class or category

of the hazardous substance.

(ii) The physical properties of the substance, including its

boiling point, melting point, flash point, specific gravity,

vapor density, solubility in water, and vapor pressure at 20

degrees celsius.

(iii) The hazards to health and the environment posed by the

substance, including physical hazards (such as explosion) and

potential acute and chronic health hazards.

(iv) The potential routes of human exposure to the substance

at the facility, establishment, place, or property being

investigated, entered, or inspected under this subsection.

(v) The location of disposal of any waste stream.

(vi) Any monitoring data or analysis of monitoring data

pertaining to disposal activities.

(vii) Any hydrogeologic or geologic data.

(viii) Any groundwater monitoring data.

(f) Contracts for response actions; compliance with Federal health

and safety standards

In awarding contracts to any person engaged in response actions,

the President or the State, in any case where it is awarding

contracts pursuant to a contract entered into under subsection (d)

of this section, shall require compliance with Federal health and

safety standards established under section 9651(f) of this title by

contractors and subcontractors as a condition of such contracts.

(g) Rates for wages and labor standards applicable to covered work

(1) All laborers and mechanics employed by contractors or

subcontractors in the performance of construction, repair, or

alteration work funded in whole or in part under this section shall

be paid wages at rates not less than those prevailing on projects

of a character similar in the locality as determined by the

Secretary of Labor in accordance with sections 3141-3144, 3146, and

3147 of title 40. The President shall not approve any such funding

without first obtaining adequate assurance that required labor

standards will be maintained upon the construction work.

(2) The Secretary of Labor shall have, with respect to the labor

standards specified in paragraph (1), the authority and functions

set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176;

64 Stat. 1267) and section 3145 of title 40.

(h) Emergency procurement powers; exercise by President

Notwithstanding any other provision of law, subject to the

provisions of section 9611 of this title, the President may

authorize the use of such emergency procurement powers as he deems

necessary to effect the purpose of this chapter. Upon determination

that such procedures are necessary, the President shall promulgate

regulations prescribing the circumstances under which such

authority shall be used and the procedures governing the use of

such authority.

(i) Agency for Toxic Substances and Disease Registry;

establishment, functions, etc.

(1) There is hereby established within the Public Health Service

an agency, to be known as the Agency for Toxic Substances and

Disease Registry, which shall report directly to the Surgeon

General of the United States. The Administrator of said Agency

shall, with the cooperation of the Administrator of the

Environmental Protection Agency, the Commissioner of the Food and

Drug Administration, the Directors of the National Institute of

Medicine, National Institute of Environmental Health Sciences,

National Institute of Occupational Safety and Health, Centers for

Disease Control and Prevention, the Administrator of the

Occupational Safety and Health Administration, the Administrator of

the Social Security Administration, the Secretary of

Transportation, and appropriate State and local health officials,

effectuate and implement the health related authorities of this

chapter. In addition, said Administrator shall -

(A) in cooperation with the States, establish and maintain a

national registry of serious diseases and illnesses and a

national registry of persons exposed to toxic substances;

(B) establish and maintain inventory of literature, research,

and studies on the health effects of toxic substances;

Federal Government, establish and maintain a complete listing of

areas closed to the public or otherwise restricted in use because

of toxic substance contamination;

(D) in cases of public health emergencies caused or believed to

be caused by exposure to toxic substances, provide medical care

and testing to exposed individuals, including but not limited to

tissue sampling, chromosomal testing where appropriate,

epidemiological studies, or any other assistance appropriate

under the circumstances; and

(E) either independently or as part of other health status

survey, conduct periodic survey and screening programs to

determine relationships between exposure to toxic substances and

illness. In cases of public health emergencies, exposed persons

shall be eligible for admission to hospitals and other facilities

and services operated or provided by the Public Health Service.

(2)(A) Within 6 months after October 17, 1986, the Administrator

of the Agency for Toxic Substances and Disease Registry (ATSDR) and

the Administrator of the Environmental Protection Agency ("EPA")

shall prepare a list, in order of priority, of at least 100

hazardous substances which are most commonly found at facilities on

the National Priorities List and which, in their sole discretion,

they determine are posing the most significant potential threat to

human health due to their known or suspected toxicity to humans and

the potential for human exposure to such substances at facilities

on the National Priorities List or at facilities to which a

response to a release or a threatened release under this section is

under consideration.

(B) Within 24 months after October 17, 1986, the Administrator of

ATSDR and the Administrator of EPA shall revise the list prepared

under subparagraph (A). Such revision shall include, in order of

priority, the addition of 100 or more such hazardous substances. In

each of the 3 consecutive 12-month periods that follow, the

Administrator of ATSDR and the Administrator of EPA shall revise,

in the same manner as provided in the 2 preceding sentences, such

list to include not fewer than 25 additional hazardous substances

per revision. The Administrator of ATSDR and the Administrator of

EPA shall not less often than once every year thereafter revise

such list to include additional hazardous substances in accordance

with the criteria in subparagraph (A).

(3) Based on all available information, including information

maintained under paragraph (1)(B) and data developed and collected

on the health effects of hazardous substances under this paragraph,

the Administrator of ATSDR shall prepare toxicological profiles of

each of the substances listed pursuant to paragraph (2). The

toxicological profiles shall be prepared in accordance with

guidelines developed by the Administrator of ATSDR and the

Administrator of EPA. Such profiles shall include, but not be

limited to each of the following:

(A) An examination, summary, and interpretation of available

toxicological information and epidemiologic evaluations on a

hazardous substance in order to ascertain the levels of

significant human exposure for the substance and the associated

acute, subacute, and chronic health effects.

(B) A determination of whether adequate information on the

health effects of each substance is available or in the process

of development to determine levels of exposure which present a

significant risk to human health of acute, subacute, and chronic

health effects.

testing needed to identify the types or levels of exposure that

may present significant risk of adverse health effects in humans.

Any toxicological profile or revision thereof shall reflect the

Administrator of ATSDR's assessment of all relevant toxicological

testing which has been peer reviewed. The profiles required to be

prepared under this paragraph for those hazardous substances listed

under subparagraph (A) of paragraph (2) shall be completed, at a

rate of no fewer than 25 per year, within 4 years after October 17,

1986. A profile required on a substance listed pursuant to

subparagraph (B) of paragraph (2) shall be completed within 3 years

after addition to the list. The profiles prepared under this

paragraph shall be of those substances highest on the list of

priorities under paragraph (2) for which profiles have not

previously been prepared. Profiles required under this paragraph

shall be revised and republished as necessary, but no less often

than once every 3 years. Such profiles shall be provided to the

States and made available to other interested parties.

(4) The Administrator of the ATSDR shall provide consultations

upon request on health issues relating to exposure to hazardous or

toxic substances, on the basis of available information, to the

Administrator of EPA, State officials, and local officials. Such

consultations to individuals may be provided by States under

cooperative agreements established under this chapter.

(5)(A) For each hazardous substance listed pursuant to paragraph

(2), the Administrator of ATSDR (in consultation with the

Administrator of EPA and other agencies and programs of the Public

Health Service) shall assess whether adequate information on the

health effects of such substance is available. For any such

substance for which adequate information is not available (or under

development), the Administrator of ATSDR, in cooperation with the

Director of the National Toxicology Program, shall assure the

initiation of a program of research designed to determine the

health effects (and techniques for development of methods to

determine such health effects) of such substance. Where feasible,

such program shall seek to develop methods to determine the health

effects of such substance in combination with other substances with

which it is commonly found. Before assuring the initiation of such

program, the Administrator of ATSDR shall consider recommendations

of the Interagency Testing Committee established under section 4(e)

of the Toxic Substances Control Act [15 U.S.C. 2603(e)] on the

types of research that should be done. Such program shall include,

to the extent necessary to supplement existing information, but

shall not be limited to -

(i) laboratory and other studies to determine short,

intermediate, and long-term health effects;

(ii) laboratory and other studies to determine organ-specific,

site-specific, and system-specific acute and chronic toxicity;

(iii) laboratory and other studies to determine the manner in

which such substances are metabolized or to otherwise develop an

understanding of the biokinetics of such substances; and

(iv) where there is a possibility of obtaining human data, the

collection of such information.

(B) In assessing the need to perform laboratory and other

studies, as required by subparagraph (A), the Administrator of

ATSDR shall consider -

(i) the availability and quality of existing test data

concerning the substance on the suspected health effect in

question;

(ii) the extent to which testing already in progress will, in a

timely fashion, provide data that will be adequate to support the

preparation of toxicological profiles as required by paragraph

(3); and

(iii) such other scientific and technical factors as the

Administrator of ATSDR may determine are necessary for the

effective implementation of this subsection.

under this paragraph, the Administrator of ATSDR and the

Administrator of EPA shall coordinate such research program

implemented under this paragraph with the National Toxicology

Program and with programs of toxicological testing established

under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.] and

the Federal Insecticide, Fungicide and Rodenticide Act [7 U.S.C.

136 et seq.]. The purpose of such coordination shall be to avoid

duplication of effort and to assure that the hazardous substances

listed pursuant to this subsection are tested thoroughly at the

earliest practicable date. Where appropriate, consistent with such

purpose, a research program under this paragraph may be carried out

using such programs of toxicological testing.

(D) It is the sense of the Congress that the costs of research

programs under this paragraph be borne by the manufacturers and

processors of the hazardous substance in question, as required in

programs of toxicological testing under the Toxic Substances

Control Act [15 U.S.C. 2601 et seq.]. Within 1 year after October

17, 1986, the Administrator of EPA shall promulgate regulations

which provide, where appropriate, for payment of such costs by

manufacturers and processors under the Toxic Substances Control

Act, and registrants under the Federal Insecticide, Fungicide, and

Rodenticide Act [7 U.S.C. 136 et seq.], and recovery of such costs

from responsible parties under this chapter.

(6)(A) The Administrator of ATSDR shall perform a health

assessment for each facility on the National Priorities List

established under section 9605 of this title. Such health

assessment shall be completed not later than December 10, 1988, for

each facility proposed for inclusion on such list prior to October

17, 1986, or not later than one year after the date of proposal for

inclusion on such list for each facility proposed for inclusion on

such list after October 17, 1986.

(B) The Administrator of ATSDR may perform health assessments for

releases or facilities where individual persons or licensed

physicians provide information that individuals have been exposed

to a hazardous substance, for which the probable source of such

exposure is a release. In addition to other methods (formal or

informal) of providing such information, such individual persons or

licensed physicians may submit a petition to the Administrator of

ATSDR providing such information and requesting a health

assessment. If such a petition is submitted and the Administrator

of ATSDR does not initiate a health assessment, the Administrator

of ATSDR shall provide a written explanation of why a health

assessment is not appropriate.

assessments under this subsection, the Administrator of ATSDR, in

consultation with the Administrator of EPA, shall give priority to

those facilities at which there is documented evidence of the

release of hazardous substances, at which the potential risk to

human health appears highest, and for which in the judgment of the

Administrator of ATSDR existing health assessment data are

inadequate to assess the potential risk to human health as provided

in subparagraph (F). In determining the priorities for conducting

health assessments under this subsection, the Administrator of

ATSDR shall consider the National Priorities List schedules and the

needs of the Environmental Protection Agency and other Federal

agencies pursuant to schedules for remedial investigation and

feasibility studies.

(D) Where a health assessment is done at a site on the National

Priorities List, the Administrator of ATSDR shall complete such

assessment promptly and, to the maximum extent practicable, before

the completion of the remedial investigation and feasibility study

at the facility concerned.

(E) Any State or political subdivision carrying out a health

assessment for a facility shall report the results of the

assessment to the Administrator of ATSDR and the Administrator of

EPA and shall include recommendations with respect to further

activities which need to be carried out under this section. The

Administrator of ATSDR shall state such recommendation in any

report on the results of any assessment carried out directly by the

Administrator of ATSDR for such facility and shall issue periodic

reports which include the results of all the assessments carried

out under this subsection.

(F) For the purposes of this subsection and section 9611(c)(4) of

this title, the term "health assessments" shall include preliminary

assessments of the potential risk to human health posed by

individual sites and facilities, based on such factors as the

nature and extent of contamination, the existence of potential

pathways of human exposure (including ground or surface water

contamination, air emissions, and food chain contamination), the

size and potential susceptibility of the community within the

likely pathways of exposure, the comparison of expected human

exposure levels to the short-term and long-term health effects

associated with identified hazardous substances and any available

recommended exposure or tolerance limits for such hazardous

substances, and the comparison of existing morbidity and mortality

data on diseases that may be associated with the observed levels of

exposure. The Administrator of ATSDR shall use appropriate data,

risk assessments, risk evaluations and studies available from the

Administrator of EPA.

(G) The purpose of health assessments under this subsection shall

be to assist in determining whether actions under paragraph (11) of

this subsection should be taken to reduce human exposure to

hazardous substances from a facility and whether additional

information on human exposure and associated health risks is needed

and should be acquired by conducting epidemiological studies under

paragraph (7), establishing a registry under paragraph (8),

establishing a health surveillance program under paragraph (9), or

through other means. In using the results of health assessments for

determining additional actions to be taken under this section, the

Administrator of ATSDR may consider additional information on the

risks to the potentially affected population from all sources of

such hazardous substances including known point or nonpoint sources

other than those from the facility in question.

(H) At the completion of each health assessment, the

Administrator of ATSDR shall provide the Administrator of EPA and

each affected State with the results of such assessment, together

with any recommendations for further actions under this subsection

or otherwise under this chapter. In addition, if the health

assessment indicates that the release or threatened release

concerned may pose a serious threat to human health or the

environment, the Administrator of ATSDR shall so notify the

Administrator of EPA who shall promptly evaluate such release or

threatened release in accordance with the hazard ranking system

referred to in section 9605(a)(8)(A) of this title to determine

whether the site shall be placed on the National Priorities List

or, if the site is already on the list, the Administrator of ATSDR

may recommend to the Administrator of EPA that the site be accorded

a higher priority.

(7)(A) Whenever in the judgment of the Administrator of ATSDR it

is appropriate on the basis of the results of a health assessment,

the Administrator of ATSDR shall conduct a pilot study of health

effects for selected groups of exposed individuals in order to

determine the desirability of conducting full scale epidemiological

or other health studies of the entire exposed population.

(B) Whenever in the judgment of the Administrator of ATSDR it is

appropriate on the basis of the results of such pilot study or

other study or health assessment, the Administrator of ATSDR shall

conduct such full scale epidemiological or other health studies as

may be necessary to determine the health effects on the population

exposed to hazardous substances from a release or threatened

release. If a significant excess of disease in a population is

identified, the letter of transmittal of such study shall include

an assessment of other risk factors, other than a release, that

may, in the judgment of the peer review group, be associated with

such disease, if such risk factors were not taken into account in

the design or conduct of the study.

(8) In any case in which the results of a health assessment

indicate a potential significant risk to human health, the

Administrator of ATSDR shall consider whether the establishment of

a registry of exposed persons would contribute to accomplishing the

purposes of this subsection, taking into account circumstances

bearing on the usefulness of such a registry, including the

seriousness or unique character of identified diseases or the

likelihood of population migration from the affected area.

(9) Where the Administrator of ATSDR has determined that there is

a significant increased risk of adverse health effects in humans

from exposure to hazardous substances based on the results of a

health assessment conducted under paragraph (6), an epidemiologic

study conducted under paragraph (7), or an exposure registry that

has been established under paragraph (8), and the Administrator of

ATSDR has determined that such exposure is the result of a release

from a facility, the Administrator of ATSDR shall initiate a health

surveillance program for such population. This program shall

include but not be limited to -

(A) periodic medical testing where appropriate of population

subgroups to screen for diseases for which the population or

subgroup is at significant increased risk; and

(B) a mechanism to refer for treatment those individuals within

such population who are screened positive for such diseases.

(10) Two years after October 17, 1986, and every 2 years

thereafter, the Administrator of ATSDR shall prepare and submit to

the Administrator of EPA and to the Congress a report on the

results of the activities of ATSDR regarding -

(A) health assessments and pilot health effects studies

conducted;

(B) epidemiologic studies conducted;

(2), toxicological profiles which have been developed, and

toxicologic testing which has been conducted or which is being

conducted under this subsection;

(D) registries established under paragraph (8); and

(E) an overall assessment, based on the results of activities

conducted by the Administrator of ATSDR, of the linkage between

human exposure to individual or combinations of hazardous

substances due to releases from facilities covered by this

chapter or the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.]

and any increased incidence or prevalence of adverse health

effects in humans.

(11) If a health assessment or other study carried out under this

subsection contains a finding that the exposure concerned presents

a significant risk to human health, the President shall take such

steps as may be necessary to reduce such exposure and eliminate or

substantially mitigate the significant risk to human health. Such

steps may include the use of any authority under this chapter,

including, but not limited to -

(A) provision of alternative water supplies, and

(B) permanent or temporary relocation of individuals.

In any case in which information is insufficient, in the judgment

of the Administrator of ATSDR or the President to determine a

significant human exposure level with respect to a hazardous

substance, the President may take such steps as may be necessary to

reduce the exposure of any person to such hazardous substance to

such level as the President deems necessary to protect human

health.

(12) In any case which is the subject of a petition, a health

assessment or study, or a research program under this subsection,

nothing in this subsection shall be construed to delay or otherwise

affect or impair the authority of the President, the Administrator

of ATSDR, or the Administrator of EPA to exercise any authority

vested in the President, the Administrator of ATSDR or the

Administrator of EPA under any other provision of law (including,

but not limited to, the imminent hazard authority of section 7003

of the Solid Waste Disposal Act [42 U.S.C. 6973]) or the response

and abatement authorities of this chapter.

(13) All studies and results of research conducted under this

subsection (other than health assessments) shall be reported or

adopted only after appropriate peer review. Such peer review shall

be completed, to the maximum extent practicable, within a period of

60 days. In the case of research conducted under the National

Toxicology Program, such peer review may be conducted by the Board

of Scientific Counselors. In the case of other research, such peer

review shall be conducted by panels consisting of no less than

three nor more than seven members, who shall be disinterested

scientific experts selected for such purpose by the Administrator

of ATSDR or the Administrator of EPA, as appropriate, on the basis

of their reputation for scientific objectivity and the lack of

institutional ties with any person involved in the conduct of the

study or research under review. Support services for such panels

shall be provided by the Agency for Toxic Substances and Disease

Registry, or by the Environmental Protection Agency, as

appropriate.

(14) In the implementation of this subsection and other

health-related authorities of this chapter, the Administrator of

ATSDR shall assemble, develop as necessary, and distribute to the

States, and upon request to medical colleges, physicians, and other

health professionals, appropriate educational materials (including

short courses) on the medical surveillance, screening, and methods

of diagnosis and treatment of injury or disease related to exposure

to hazardous substances (giving priority to those listed in

paragraph (2)), through such means as the Administrator of ATSDR

deems appropriate.

(15) The activities of the Administrator of ATSDR described in

this subsection and section 9611(c)(4) of this title shall be

carried out by the Administrator of ATSDR, either directly or

through cooperative agreements with States (or political

subdivisions thereof) which the Administrator of ATSDR determines

are capable of carrying out such activities. Such activities shall

include provision of consultations on health information, the

conduct of health assessments, including those required under

section 3019(b) of the Solid Waste Disposal Act [42 U.S.C.

6939a(b)], health studies, registries, and health surveillance.

(16) The President shall provide adequate personnel for ATSDR,

which shall not be fewer than 100 employees. For purposes of

determining the number of employees under this subsection, an

employee employed by ATSDR on a part-time career employment basis

shall be counted as a fraction which is determined by dividing 40

hours into the average number of hours of such employee's regularly

scheduled workweek.

(17) In accordance with section 9620 of this title (relating to

Federal facilities), the Administrator of ATSDR shall have the same

authorities under this section with respect to facilities owned or

operated by a department, agency, or instrumentality of the United

States as the Administrator of ATSDR has with respect to any

nongovernmental entity.

(18) If the Administrator of ATSDR determines that it is

appropriate for purposes of this section to treat a pollutant or

contaminant as a hazardous substance, such pollutant or contaminant

shall be treated as a hazardous substance for such purpose.

(j) Acquisition of property

(1) Authority

The President is authorized to acquire, by purchase, lease,

condemnation, donation, or otherwise, any real property or any

interest in real property that the President in his discretion

determines is needed to conduct a remedial action under this

chapter. There shall be no cause of action to compel the

President to acquire any interest in real property under this

chapter.

(2) State assurance

The President may use the authority of paragraph (1) for a

remedial action only if, before an interest in real estate is

acquired under this subsection, the State in which the interest

to be acquired is located assures the President, through a

contract or cooperative agreement or otherwise, that the State

will accept transfer of the interest following completion of the

remedial action.

(3) Exemption

No Federal, State, or local government agency shall be liable

under this chapter solely as a result of acquiring an interest in

real estate under this subsection.

(k) Brownfields revitalization funding

(1) Definition of eligible entity

In this subsection, the term "eligible entity" means -

(A) a general purpose unit of local government;

(B) a land clearance authority or other quasi-governmental

entity that operates under the supervision and control of or as

an agent of a general purpose unit of local government;

(D) a regional council or group of general purpose units of

local government;

(E) a redevelopment agency that is chartered or otherwise

sanctioned by a State;

(F) a State;

(G) an Indian Tribe other than in Alaska; or

(H) an Alaska Native Regional Corporation and an Alaska

Native Village Corporation as those terms are defined in the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 and

following) and the Metlakatla Indian community.

(2) Brownfield site characterization and assessment grant program

(A) Establishment of program

The Administrator shall establish a program to -

(i) provide grants to inventory, characterize, assess, and

conduct planning related to brownfield sites under

subparagraph (B); and

(ii) perform targeted site assessments at brownfield sites.

(B) Assistance for site characterization and assessment

(i) In general

On approval of an application made by an eligible entity,

the Administrator may make a grant to the eligible entity to

be used for programs to inventory, characterize, assess, and

conduct planning related to one or more brownfield sites.

(ii) Site characterization and assessment

A site characterization and assessment carried out with the

use of a grant under clause (i) shall be performed in

accordance with section 9601(35)(B) of this title.

(3) Grants and loans for brownfield remediation

(A) Grants provided by the President

Subject to paragraphs (4) and (5), the President shall

establish a program to provide grants to -

(i) eligible entities, to be used for capitalization of

revolving loan funds; and

(ii) eligible entities or nonprofit organizations, where

warranted, as determined by the President based on

considerations under subparagraph (C), to be used directly

for remediation of one or more brownfield sites owned by the

entity or organization that receives the grant and in amounts

not to exceed $200,000 for each site to be remediated.

(B) Loans and grants provided by eligible entities

An eligible entity that receives a grant under subparagraph

(A)(i) shall use the grant funds to provide assistance for the

remediation of brownfield sites in the form of -

(i) one or more loans to an eligible entity, a site owner,

a site developer, or another person; or

(ii) one or more grants to an eligible entity or other

nonprofit organization, where warranted, as determined by the

eligible entity that is providing the assistance, based on

considerations under subparagraph (C), to remediate sites

owned by the eligible entity or nonprofit organization that

receives the grant.

In determining whether a grant under subparagraph (A)(ii) or

(B)(ii) is warranted, the President or the eligible entity, as

the case may be, shall take into consideration -

(i) the extent to which a grant will facilitate the

creation of, preservation of, or addition to a park, a

greenway, undeveloped property, recreational property, or

other property used for nonprofit purposes;

(ii) the extent to which a grant will meet the needs of a

community that has an inability to draw on other sources of

funding for environmental remediation and subsequent

redevelopment of the area in which a brownfield site is

located because of the small population or low income of the

community;

(iii) the extent to which a grant will facilitate the use

or reuse of existing infrastructure;

(iv) the benefit of promoting the long-term availability of

funds from a revolving loan fund for brownfield remediation;

and

(v) such other similar factors as the Administrator

considers appropriate to consider for the purposes of this

subsection.

(D) Transition

Revolving loan funds that have been established before

January 11, 2002, may be used in accordance with this

paragraph.

(4) General provisions

(A) Maximum grant amount

(i) Brownfield site characterization and assessment

(I) In general

A grant under paragraph (2) may be awarded to an eligible

entity on a community-wide or site-by-site basis, and shall

not exceed, for any individual brownfield site covered by

the grant, $200,000.

(II) Waiver

The Administrator may waive the $200,000 limitation under

subclause (I) to permit the brownfield site to receive a

grant of not to exceed $350,000, based on the anticipated

level of contamination, size, or status of ownership of the

site.

(ii) Brownfield remediation

A grant under paragraph (3)(A)(i) may be awarded to an

eligible entity on a community-wide or site-by-site basis,

not to exceed $1,000,000 per eligible entity. The

Administrator may make an additional grant to an eligible

entity described in the previous sentence for any year after

the year for which the initial grant is made, taking into

consideration -

(I) the number of sites and number of communities that

are addressed by the revolving loan fund;

(II) the demand for funding by eligible entities that

have not previously received a grant under this subsection;

(III) the demonstrated ability of the eligible entity to

use the revolving loan fund to enhance remediation and

provide funds on a continuing basis; and

(IV) such other similar factors as the Administrator

considers appropriate to carry out this subsection.

(B) Prohibition

(i) In general

No part of a grant or loan under this subsection may be

used for the payment of -

(I) a penalty or fine;

(II) a Federal cost-share requirement;

(III) an administrative cost;

(IV) a response cost at a brownfield site for which the

recipient of the grant or loan is potentially liable under

section 9607 of this title; or

(V) a cost of compliance with any Federal law (including

a Federal law specified in section 9601(39)(B) of this

title), excluding the cost of compliance with laws

applicable to the cleanup.

(ii) Exclusions

For the purposes of clause (i)(III), the term

"administrative cost" does not include the cost of -

(I) investigation and identification of the extent of

contamination;

(II) design and performance of a response action; or

(III) monitoring of a natural resource.

remediation programs

A local government that receives a grant under this

subsection may use not to exceed 10 percent of the grant funds

to develop and implement a brownfields program that may include

(i) monitoring the health of populations exposed to one or

more hazardous substances from a brownfield site; and

(ii) monitoring and enforcement of any institutional

control used to prevent human exposure to any hazardous

substance from a brownfield site.

(D) Insurance

A recipient of a grant or loan awarded under paragraph (2) or

(3) that performs a characterization, assessment, or

remediation of a brownfield site may use a portion of the grant

or loan to purchase insurance for the characterization,

assessment, or remediation of that site.

(5) Grant applications

(A) Submission

(i) In general

(I) Application

An eligible entity may submit to the Administrator,

through a regional office of the Environmental Protection

Agency and in such form as the Administrator may require,

an application for a grant under this subsection for one or

more brownfield sites (including information on the

criteria used by the Administrator to rank applications

under subparagraph (C), to the extent that the information

is available).

(II) NCP requirements

The Administrator may include in any requirement for

submission of an application under subclause (I) a

requirement of the National Contingency Plan only to the

extent that the requirement is relevant and appropriate to

the program under this subsection.

(ii) Coordination

The Administrator shall coordinate with other Federal

agencies to assist in making eligible entities aware of other

available Federal resources.

(iii) Guidance

The Administrator shall publish guidance to assist eligible

entities in applying for grants under this subsection.

(B) Approval

The Administrator shall -

(i) at least annually, complete a review of applications

for grants that are received from eligible entities under

this subsection; and

(ii) award grants under this subsection to eligible

entities that the Administrator determines have the highest

rankings under the ranking criteria established under

subparagraph (C).

The Administrator shall establish a system for ranking grant

applications received under this paragraph that includes the

following criteria:

(i) The extent to which a grant will stimulate the

availability of other funds for environmental assessment or

remediation, and subsequent reuse, of an area in which one or

more brownfield sites are located.

(ii) The potential of the proposed project or the

development plan for an area in which one or more brownfield

sites are located to stimulate economic development of the

area on completion of the cleanup.

(iii) The extent to which a grant would address or

facilitate the identification and reduction of threats to

human health and the environment, including threats in areas

in which there is a greater-than-normal incidence of diseases

or conditions (including cancer, asthma, or birth defects)

that may be associated with exposure to hazardous substances,

pollutants, or contaminants.

(iv) The extent to which a grant would facilitate the use

or reuse of existing infrastructure.

(v) The extent to which a grant would facilitate the

creation of, preservation of, or addition to a park, a

greenway, undeveloped property, recreational property, or

other property used for nonprofit purposes.

(vi) The extent to which a grant would meet the needs of a

community that has an inability to draw on other sources of

funding for environmental remediation and subsequent

redevelopment of the area in which a brownfield site is

located because of the small population or low income of the

community.

(vii) The extent to which the applicant is eligible for

funding from other sources.

(viii) The extent to which a grant will further the fair

distribution of funding between urban and nonurban areas.

(ix) The extent to which the grant provides for involvement

of the local community in the process of making decisions

relating to cleanup and future use of a brownfield site.

(x) The extent to which a grant would address or facilitate

the identification and reduction of threats to the health or

welfare of children, pregnant women, minority or low-income

communities, or other sensitive populations.

(6) Implementation of brownfields programs

(A) Establishment of program

The Administrator may provide, or fund eligible entities or

nonprofit organizations to provide, training, research, and

technical assistance to individuals and organizations, as

appropriate, to facilitate the inventory of brownfield sites,

site assessments, remediation of brownfield sites, community

involvement, or site preparation.

(B) Funding restrictions

The total Federal funds to be expended by the Administrator

under this paragraph shall not exceed 15 percent of the total

amount appropriated to carry out this subsection in any fiscal

year.

(7) Audits

(A) In general

The Inspector General of the Environmental Protection Agency

shall conduct such reviews or audits of grants and loans under

this subsection as the Inspector General considers necessary to

carry out this subsection.

(B) Procedure

An audit under this subparagraph shall be conducted in

accordance with the auditing procedures of the General

Accounting Office, including chapter 75 of title 31.

If the Administrator determines that a person that receives a

grant or loan under this subsection has violated or is in

violation of a condition of the grant, loan, or applicable

Federal law, the Administrator may -

(i) terminate the grant or loan;

(ii) require the person to repay any funds received; and

(iii) seek any other legal remedies available to the

Administrator.

(D) Report to Congress

Not later than 3 years after January 11, 2002, the Inspector

General of the Environmental Protection Agency shall submit to

Congress a report that provides a description of the management

of the program (including a description of the allocation of

funds under this subsection).

(8) Leveraging

An eligible entity that receives a grant under this subsection

may use the grant funds for a portion of a project at a

brownfield site for which funding is received from other sources

if the grant funds are used only for the purposes described in

paragraph (2) or (3).

(9) Agreements

Each grant or loan made under this subsection shall -

(A) include a requirement of the National Contingency Plan

only to the extent that the requirement is relevant and

appropriate to the program under this subsection, as determined

by the Administrator; and

(B) be subject to an agreement that -

(i) requires the recipient to -

(I) comply with all applicable Federal and State laws;

and

(II) ensure that the cleanup protects human health and

the environment;

(ii) requires that the recipient use the grant or loan

exclusively for purposes specified in paragraph (2) or (3),

as applicable;

(iii) in the case of an application by an eligible entity

under paragraph (3)(A), requires the eligible entity to pay a

matching share (which may be in the form of a contribution of

labor, material, or services) of at least 20 percent, from

non-Federal sources of funding, unless the Administrator

determines that the matching share would place an undue

hardship on the eligible entity; and

(iv) contains such other terms and conditions as the

Administrator determines to be necessary to carry out this

subsection.

(10) Facility other than brownfield site

The fact that a facility may not be a brownfield site within

the meaning of section 9601(39)(A) of this title has no effect on

the eligibility of the facility for assistance under any other

provision of Federal law.

(11) Effect on Federal laws

Nothing in this subsection affects any liability or response

authority under any Federal law, including -

(A) this chapter (including the last sentence of section

9601(14) of this title);

(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

et seq.);

(D) the Toxic Substances Control Act (15 U.S.C. 2601 et

seq.); and

(E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

(12) Funding

(A) Authorization of appropriations

There is authorized to be appropriated to carry out this

subsection $200,000,000 for each of fiscal years 2002 through

2006.

(B) Use of certain funds

Of the amount made available under subparagraph (A),

$50,000,000, or, if the amount made available is less than

$200,000,000, 25 percent of the amount made available, shall be

used for site characterization, assessment, and remediation of

facilities described in section 9601(39)(D)(ii)(II) of this

title.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 104, Dec. 11, 1980, 94 Stat. 2774;

Pub. L. 99-499, title I, Secs. 104, 110, title II, Sec. 207(b),

Oct. 17, 1986, 100 Stat. 1617, 1636, 1705; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-531, title III, Sec.

312(h), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 107-118, title II,

Sec. 211(b), Jan. 11, 2002, 115 Stat. 2362.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsecs. (c)(3),

(9)(D), (i)(10)(E), and (k)(11)(B), is title II of Pub. L. 89-272,

Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L.

94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is classified

generally to chapter 82 (Sec. 6901 et seq.) of this title. Subtitle

C of the Act is classified generally to subchapter III (Sec. 6921

et seq.) of chapter 82 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

6901 of this title and Tables.

Title III of the Amendments and Reauthorization Act of 1986,

referred to in subsec. (e)(7)(E)(i), probably means title III of

the Superfund Amendments and Reauthorization Act of 1986, Pub. L.

99-499, Oct. 17, 1986, 100 Stat. 1728, known as the Emergency

Planning and Community Right-To-Know Act of 1986, which is

classified generally to chapter 116 (Sec. 11001 et seq.) of this

title. For complete classification of title III to the Code, see

Short Title note set out under section 11001 of this title and

Tables.

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(g)(2), is set out in the Appendix to Title 5, Government

Organization and Employees.

The Toxic Substances Control Act, referred to in subsecs.

(i)(5)(C), (D) and (k)(11)(D), is Pub. L. 94-469, Oct. 11, 1976, 90

Stat. 2003, as amended, which is classified generally to chapter 53

(Sec. 2601 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 15 and Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (i)(5)(C), (D), is act June 25, 1947, ch. 125, as

amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,

which is classified generally to subchapter II (Sec. 136 et seq.)

of chapter 6 of Title 7, Agriculture. For complete classification

of this Act to the Code, see Short Title note set out under section

136 of Title 7 and Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(k)(1)(H), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(k)(11)(C), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsec. (k)(11)(E),

is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

-COD-

CODIFICATION

In subsec. (g)(1), "sections 3141-3144, 3146, and 3147 of title

40" substituted for "the Davis-Bacon Act" and, in subsec. (g)(2),

"section 3145 of title 40" substituted for "section 276c of title

40 of the United States Code", on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

-MISC1-

AMENDMENTS

2002 - Subsec. (k). Pub. L. 107-118 added subsec. (k).

1992 - Subsec. (i)(1). Pub. L. 102-531 substituted "Centers for

Disease Control and Prevention" for "Centers for Disease Control".

1986 - Subsec. (a)(1). Pub. L. 99-499, Sec. 104(a), substituted

provisions authorizing the President to allow owner or operator of

facility or vessel or any other responsible party to carry out

action, conduct the remedial investigation, or conduct feasibility

study under section 9622 of this title, specifying conditions under

which a remedial investigation or feasibility study would be

authorized, providing for treatment of potentially responsible

parties, and requiring President to give primary attention to those

releases which the President deems may present a public health

threat, for ", unless the President determines that such removal

and remedial action will be done properly by the owner or operator

of the vessel or facility from which the release or threat of

release emanates, or by any other responsible party."

Subsec. (a)(2). Pub. L. 99-499, Sec. 104(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "For the

purposes of this section, 'pollutant or contaminant' shall include,

but not be limited to, any element, substance, compound, or

mixture, including disease-causing agents, which after release into

the environment and upon exposure, ingestion, inhalation, or

assimilation into any organism, either directly from the

environment or indirectly by ingestion through food chains, will or

may reasonably be anticipated to cause death, disease, behavioral

abnormalities, cancer, genetic mutation, physiological malfunctions

(including malfunctions in reproduction) or physical deformations,

in such organisms or their offspring. The term does not include

petroleum, including crude oil and any fraction thereof which is

not otherwise specifically listed or designated as hazardous

substances under section 9601(14)(A) through (F) of this title, nor

does it include natural gas, liquefied natural gas, or synthetic

gas of pipeline quality (or mixtures of natural gas and such

synthetic gas)."

Subsec. (a)(3), (4). Pub. L. 99-499, Sec. 104(c), added pars. (3)

and (4).

Subsec. (b). Pub. L. 99-499, Sec. 104(d), designated existing

provisions as par. (1), inserted par. (1) heading, and added par.

(2).

Subsec. (c)(1). Pub. L. 99-499, Sec. 104(e)(1), substituted

"$2,000,000" for "$1,000,000" and "12 months" for "six months".

Subsec. (c)(1)(C). Pub. L. 99-499, Sec. 104(e)(2), added cl. (C).

Subsec. (c)(3). Pub. L. 99-499, Secs. 104(f), 207(b), substituted

text of cl. (C)(ii) and sentence providing that "facility" does not

include navigable waters or beds underlying those waters for "(ii)

at least 50 per centum or such greater amount as the President may

determine appropriate, taking into account the degree of

responsibility of the State or political subdivision, of any sums

expended in response to a release at a facility that was owned at

the time of any disposal of hazardous substances therein by the

State or a political subdivision thereof. The President shall grant

the State a credit against the share of the costs for which it is

responsible under this paragraph for any documented direct

out-of-pocket non-Federal funds expended or obligated by the State

or a political subdivision thereof after January 1, 1978, and

before December 11, 1980, for cost-eligible response actions and

claims for damages compensable under section 9611 of this title

relating to the specific release in question: Provided, however,

That in no event shall the amount of the credit granted exceed the

total response costs relating to the release." and inserted

provisions relating to remedial action to be taken on land or water

held by an Indian tribe, held by the United States in trust for

Indians, held by a member of an Indian Tribe (if such land or water

is subject to a trust restriction on alienation), or otherwise

within the borders of an Indian reservation.

Subsec. (c)(4). Pub. L. 99-499, Sec. 104(g), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "The

President shall select appropriate remedial actions determined to

be necessary to carry out this section which are to the extent

practicable in accordance with the national contingency plan and

which provide for that cost-effective response which provides a

balance between the need for protection of public health and

welfare and the environment at the facility under consideration,

and the availability of amounts from the Fund established under

subchapter II of this chapter to respond to other sites which

present or may present a threat to public health or welfare or the

environment, taking into consideration the need for immediate

action."

Subsec. (c)(5). Pub. L. 99-499, Sec. 104(h), added par. (5).

Subsec. (c)(6). Pub. L. 99-499, Sec. 104(i), added par. (6).

Subsec. (c)(7). Pub. L. 99-514 substituted "Internal Revenue Code

of 1986" for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

Pub. L. 99-499, Sec. 104(i), added par. (7).

Subsec. (c)(8). Pub. L. 99-499, Sec. 104(j), added par. (8).

Subsec. (c)(9). Pub. L. 99-499, Sec. 104(k), added par. (9).

Subsec. (d)(1). Pub. L. 99-499, Sec. 104(l), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "Where the

President determines that a State or political subdivision thereof

has the capability to carry out any or all of the actions

authorized in this section, the President may, in his discretion,

enter into a contract or cooperative agreement with such State or

political subdivision to take such actions in accordance with

criteria and priorities established pursuant to section 9605(8) of

this title and to be reimbursed for the reasonable response costs

thereof from the Fund. Any contract made hereunder shall be subject

to the cost-sharing provisions of subsection (c) of this section."

Subsec. (e)(1). Pub. L. 99-499, Sec. 104(m), added par. (1), and

struck out former par. (1) which provided for access to, and

copying of, records relating to covered substances, and entry by

officers, employees or representatives of the President or a State

into places where hazardous substances were or had been generated,

stored, treated or disposed of, or transported from, and inspection

and obtaining of samples of such substances and samples of

containers or labeling for such substances.

Subsec. (e)(2) to (6). Pub. L. 99-499, Sec. 104(m), added pars.

(2) to (6). Former par. (2) redesignated (7).

Subsec. (e)(7). Pub. L. 99-499, Sec. 104(m), (n), redesignated

par. (2) as (7), aligned margin of par. (7) with pars. (1) through

(6), and added par. heading and subpars. (E) and (F).

Subsec. (i). Pub. L. 99-499, Sec. 110, designated existing

provisions as par. (1), redesignated former pars. (1) to (5) as

subpars. (A) to (E), respectively, of par. (1), in introductory

provisions of par. (1), struck out "and" after "Health

Administration," and inserted "the Secretary of Transportation, and

appropriate State and local health officials," in par. (1)(D),

inserted "where appropriate", and added pars. (2) to (18).

Subsec. (j). Pub. L. 99-499, Sec. 104(o)(1), added subsec. (j).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(i)(10) of this section relating to the requirement that the

Administrator of ATSDR submit a biennial report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 13th item on

page 154 of House Document No. 103-7.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6924, 6939a, 6939b, 6972,

9601, 9607, 9609, 9611, 9613, 9617, 9618, 9619, 9620, 9621, 9622,

9626, 9628, 9660, 9661 of this title; title 10 section 2704; title

26 section 198.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 9605 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9605. National contingency plan

-STATUTE-

(a) Revision and republication

Within one hundred and eighty days after December 11, 1980, the

President shall, after notice and opportunity for public comments,

revise and republish the national contingency plan for the removal

of oil and hazardous substances, originally prepared and published

pursuant to section 1321 of title 33, to reflect and effectuate the

responsibilities and powers created by this chapter, in addition to

those matters specified in section 1321(c)(2) (!1) of title 33.

Such revision shall include a section of the plan to be known as

the national hazardous substance response plan which shall

establish procedures and standards for responding to releases of

hazardous substances, pollutants, and contaminants, which shall

include at a minimum:

(1) methods for discovering and investigating facilities at

which hazardous substances have been disposed of or otherwise

come to be located;

(2) methods for evaluating, including analyses of relative

cost, and remedying any releases or threats of releases from

facilities which pose substantial danger to the public health or

the environment;

(3) methods and criteria for determining the appropriate extent

of removal, remedy, and other measures authorized by this

chapter;

(4) appropriate roles and responsibilities for the Federal,

State, and local governments and for interstate and

nongovernmental entities in effectuating the plan;

(5) provision for identification, procurement, maintenance, and

storage of response equipment and supplies;

(6) a method for and assignment of responsibility for reporting

the existence of such facilities which may be located on

federally owned or controlled properties and any releases of

hazardous substances from such facilities;

(7) means of assuring that remedial action measures are

cost-effective over the period of potential exposure to the

hazardous substances or contaminated materials;

(8)(A) criteria for determining priorities among releases or

threatened releases throughout the United States for the purpose

of taking remedial action and, to the extent practicable taking

into account the potential urgency of such action, for the

purpose of taking removal action. Criteria and priorities under

this paragraph shall be based upon relative risk or danger to

public health or welfare or the environment, in the judgment of

the President, taking into account to the extent possible the

population at risk, the hazard potential of the hazardous

substances at such facilities, the potential for contamination of

drinking water supplies, the potential for direct human contact,

the potential for destruction of sensitive ecosystems, the damage

to natural resources which may affect the human food chain and

which is associated with any release or threatened release, the

contamination or potential contamination of the ambient air which

is associated with the release or threatened release, State

preparedness to assume State costs and responsibilities, and

other appropriate factors;

(B) based upon the criteria set forth in subparagraph (A) of

this paragraph, the President shall list as part of the plan

national priorities among the known releases or threatened

releases throughout the United States and shall revise the list

no less often than annually. Within one year after December 11,

1980, and annually thereafter, each State shall establish and

submit for consideration by the President priorities for remedial

action among known releases and potential releases in that State

based upon the criteria set forth in subparagraph (A) of this

paragraph. In assembling or revising the national list, the

President shall consider any priorities established by the

States. To the extent practicable, the highest priority

facilities shall be designated individually and shall be referred

to as the "top priority among known response targets", and, to

the extent practicable, shall include among the one hundred

highest priority facilities one such facility from each State

which shall be the facility designated by the State as presenting

the greatest danger to public health or welfare or the

environment among the known facilities in such State. A State

shall be allowed to designate its highest priority facility only

once. Other priority facilities or incidents may be listed singly

or grouped for response priority purposes;

(9) specified roles for private organizations and entities in

preparation for response and in responding to releases of

hazardous substances, including identification of appropriate

qualifications and capacity therefor and including consideration

of minority firms in accordance with subsection (f) of this

section; and

(10) standards and testing procedures by which alternative or

innovative treatment technologies can be determined to be

appropriate for utilization in response actions authorized by

this chapter.

The plan shall specify procedures, techniques, materials,

equipment, and methods to be employed in identifying, removing, or

remedying releases of hazardous substances comparable to those

required under section 1321(c)(2)(F) and (G) and (j)(1) of title

33. Following publication of the revised national contingency plan,

the response to and actions to minimize damage from hazardous

substances releases shall, to the greatest extent possible, be in

accordance with the provisions of the plan. The President may, from

time to time, revise and republish the national contingency plan.

(b) Revision of plan

Not later than 18 months after the enactment of the Superfund

Amendments and Reauthorization Act of 1986 [October 17, 1986], the

President shall revise the National Contingency Plan to reflect the

requirements of such amendments. The portion of such Plan known as

"the National Hazardous Substance Response Plan" shall be revised

to provide procedures and standards for remedial actions undertaken

pursuant to this chapter which are consistent with amendments made

by the Superfund Amendments and Reauthorization Act of 1986

relating to the selection of remedial action.

(1) Revision

Not later than 18 months after October 17, 1986, and after

publication of notice and opportunity for submission of comments

in accordance with section 553 of title 5, the President shall by

rule promulgate amendments to the hazard ranking system in effect

on September 1, 1984. Such amendments shall assure, to the

maximum extent feasible, that the hazard ranking system

accurately assesses the relative degree of risk to human health

and the environment posed by sites and facilities subject to

review. The President shall establish an effective date for the

amended hazard ranking system which is not later than 24 months

after October 17, 1986. Such amended hazard ranking system shall

be applied to any site or facility to be newly listed on the

National Priorities List after the effective date established by

the President. Until such effective date of the regulations, the

hazard ranking system in effect on September 1, 1984, shall

continue in full force and effect.

(2) Health assessment of water contamination risks

In carrying out this subsection, the President shall ensure

that the human health risks associated with the contamination or

potential contamination (either directly or as a result of the

runoff of any hazardous substance or pollutant or contaminant

from sites or facilities) of surface water are appropriately

assessed where such surface water is, or can be, used for

recreation or potable water consumption. In making the assessment

required pursuant to the preceding sentence, the President shall

take into account the potential migration of any hazardous

substance or pollutant or contaminant through such surface water

to downstream sources of drinking water.

(3) Reevaluation not required

The President shall not be required to reevaluate, after

October 17, 1986, the hazard ranking of any facility which was

evaluated in accordance with the criteria under this section

before the effective date of the amendments to the hazard ranking

system under this subsection and which was assigned a national

priority under the National Contingency Plan.

(4) New information

Nothing in paragraph (3) shall preclude the President from

taking new information into account in undertaking response

actions under this chapter.

(d) Petition for assessment of release

Any person who is, or may be, affected by a release or threatened

release of a hazardous substance or pollutant or contaminant, may

petition the President to conduct a preliminary assessment of the

hazards to public health and the environment which are associated

with such release or threatened release. If the President has not

previously conducted a preliminary assessment of such release, the

President shall, within 12 months after the receipt of any such

petition, complete such assessment or provide an explanation of why

the assessment is not appropriate. If the preliminary assessment

indicates that the release or threatened release concerned may pose

a threat to human health or the environment, the President shall

promptly evaluate such release or threatened release in accordance

with the hazard ranking system referred to in paragraph (8)(A) of

subsection (a) of this section to determine the national priority

of such release or threatened release.

(e) Releases from earlier sites

Whenever there has been, after January 1, 1985, a significant

release of hazardous substances or pollutants or contaminants from

a site which is listed by the President as a "Site Cleaned Up To

Date" on the National Priorities List (revised edition, December

1984) the site shall be restored to the National Priorities List,

without application of the hazard ranking system.

(f) Minority contractors

In awarding contracts under this chapter, the President shall

consider the availability of qualified minority firms. The

President shall describe, as part of any annual report submitted to

the Congress under this chapter, the participation of minority

firms in contracts carried out under this chapter. Such report

shall contain a brief description of the contracts which have been

awarded to minority firms under this chapter and of the efforts

made by the President to encourage the participation of such firms

in programs carried out under this chapter.

(g) Special study wastes

(1) Application

This subsection applies to facilities -

(A) which as of October 17, 1986, were not included on, or

proposed for inclusion on, the National Priorities List; and

(B) at which special study wastes described in paragraph (2),

(3)(A)(ii) or (3)(A)(iii) of section 6921(b) of this title are

present in significant quantities, including any such facility

from which there has been a release of a special study waste.

(2) Considerations in adding facilities to NPL

Pending revision of the hazard ranking system under subsection

following factors in adding facilities covered by this section to

the National Priorities List:

(A) The extent to which hazard ranking system score for the

facility is affected by the presence of any special study waste

at, or any release from, such facility.

(B) Available information as to the quantity, toxicity, and

concentration of hazardous substances that are constituents of

any special study waste at, or released from such facility, the

extent of or potential for release of such hazardous

constituents, the exposure or potential exposure to human

population and the environment, and the degree of hazard to

human health or the environment posed by the release of such

hazardous constituents at such facility. This subparagraph

refers only to available information on actual concentrations

of hazardous substances and not on the total quantity of

special study waste at such facility.

(3) Savings provisions

Nothing in this subsection shall be construed to limit the

authority of the President to remove any facility which as of

October 17, 1986, is included on the National Priorities List

from such List, or not to list any facility which as of such date

is proposed for inclusion on such list.

(4) Information gathering and analysis

Nothing in this chapter shall be construed to preclude the

expenditure of monies from the Fund for gathering and analysis of

information which will enable the President to consider the

specific factors required by paragraph (2).

(h) NPL deferral

(1) Deferral to State voluntary cleanups

At the request of a State and subject to paragraphs (2) and

(3), the President generally shall defer final listing of an

eligible response site on the National Priorities List if the

President determines that -

(A) the State, or another party under an agreement with or

order from the State, is conducting a response action at the

eligible response site -

(i) in compliance with a State program that specifically

governs response actions for the protection of public health

and the environment; and

(ii) that will provide long-term protection of human health

and the environment; or

(B) the State is actively pursuing an agreement to perform a

response action described in subparagraph (A) at the site with

a person that the State has reason to believe is capable of

conducting a response action that meets the requirements of

subparagraph (A).

(2) Progress toward cleanup

If, after the last day of the 1-year period beginning on the

date on which the President proposes to list an eligible response

site on the National Priorities List, the President determines

that the State or other party is not making reasonable progress

toward completing a response action at the eligible response

site, the President may list the eligible response site on the

National Priorities List.

(3) Cleanup agreements

With respect to an eligible response site under paragraph

(1)(B), if, after the last day of the 1-year period beginning on

the date on which the President proposes to list the eligible

response site on the National Priorities List, an agreement

described in paragraph (1)(B) has not been reached, the President

may defer the listing of the eligible response site on the

National Priorities List for an additional period of not to

exceed 180 days if the President determines deferring the listing

would be appropriate based on -

(A) the complexity of the site;

(B) substantial progress made in negotiations; and

President.

(4) Exceptions

The President may decline to defer, or elect to discontinue a

deferral of, a listing of an eligible response site on the

National Priorities List if the President determines that -

(A) deferral would not be appropriate because the State, as

an owner or operator or a significant contributor of hazardous

substances to the facility, is a potentially responsible party;

(B) the criteria under the National Contingency Plan for

issuance of a health advisory have been met; or

applicable, are no longer being met.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 105, Dec. 11, 1980, 94 Stat. 2779;

Pub. L. 99-499, title I, Sec. 105, Oct. 17, 1986, 100 Stat. 1625;

Pub. L. 107-118, title II, Sec. 232, Jan. 11, 2002, 115 Stat.

2379.)

-REFTEXT-

REFERENCES IN TEXT

Section 1321(c)(2) of title 33, referred to in subsec. (a), was

amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug.

18, 1990, 104 Stat. 523. Prior to general amendment, subsec. (c)(2)

related to preparation of a National Contingency Plan. Provisions

relating to a National Contingency Plan are contained in section

1321(d) of Title 33, Navigation and Navigable Waters.

Such amendments and the amendments made by the Superfund

Amendments and Reauthorization Act of 1986, referred to in subsec.

(b), are the amendments made by Pub. L. 99-499, Oct. 17, 1986, 100

Stat. 1613. For complete classification of this Act to the Code,

see Short Title of 1986 Amendment note set out under section 9601

of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-118 added subsec. (h).

1986 - Subsec. (a). Pub. L. 99-499, Sec. 105(a)(1), designated

existing provisions as subsec. (a) and added heading.

Subsec. (a)(8)(A). Pub. L. 99-499, Sec. 105(a)(2), inserted "the

damage to natural resources which may affect the human food chain

and which is associated with any release or threatened release, the

contamination or potential contamination of the ambient air which

is associated with the release or threatened release," after

"ecosystems,".

Subsec. (a)(8)(B). Pub. L. 99-499, Sec. 105(a)(3), struck out "at

least four hundred of" after "To the extent practicable,",

substituted "one hundred highest priority facilities" for "one

hundred highest priority facilities at least", and inserted "A

State shall be allowed to designate its highest priority facility

only once."

Subsec. (a)(9). Pub. L. 99-499, Sec. 105(a)(4), inserted "and

including consideration of minority firms in accordance with

subsection (f) of this section".

Subsec. (a)(10). Pub. L. 99-499, Sec. 105(a)(5), added par. (10).

Subsecs. (b) to (g). Pub. L. 99-499, Sec. 105(b), added subsecs.

(b) to (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9601, 9604, 9607, 9611,

9616, 9620, 9622, 9626, 9651, 11003 of this title; title 26

sections 198, 468; title 33 section 2701; title 49 sections 5102,

5115.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9606 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9606. Abatement actions

-STATUTE-

(a) Maintenance, jurisdiction, etc.

In addition to any other action taken by a State or local

government, when the President determines that there may be an

imminent and substantial endangerment to the public health or

welfare or the environment because of an actual or threatened

release of a hazardous substance from a facility, he may require

the Attorney General of the United States to secure such relief as

may be necessary to abate such danger or threat, and the district

court of the United States in the district in which the threat

occurs shall have jurisdiction to grant such relief as the public

interest and the equities of the case may require. The President

may also, after notice to the affected State, take other action

under this section including, but not limited to, issuing such

orders as may be necessary to protect public health and welfare and

the environment.

(b) Fines; reimbursement

(1) Any person who, without sufficient cause, willfully violates,

or fails or refuses to comply with, any order of the President

under subsection (a) of this section may, in an action brought in

the appropriate United States district court to enforce such order,

be fined not more than $25,000 for each day in which such violation

occurs or such failure to comply continues.

(2)(A) Any person who receives and complies with the terms of any

order issued under subsection (a) of this section may, within 60

days after completion of the required action, petition the

President for reimbursement from the Fund for the reasonable costs

of such action, plus interest. Any interest payable under this

paragraph shall accrue on the amounts expended from the date of

expenditure at the same rate as specified for interest on

investments of the Hazardous Substance Superfund established under

subchapter A of chapter 98 of title 26.

(B) If the President refuses to grant all or part of a petition

made under this paragraph, the petitioner may within 30 days of

receipt of such refusal file an action against the President in the

appropriate United States district court seeking reimbursement from

the Fund.

reimbursement, the petitioner shall establish by a preponderance of

the evidence that it is not liable for response costs under section

9607(a) of this title and that costs for which it seeks

reimbursement are reasonable in light of the action required by the

relevant order.

(D) A petitioner who is liable for response costs under section

9607(a) of this title may also recover its reasonable costs of

response to the extent that it can demonstrate, on the

administrative record, that the President's decision in selecting

the response action ordered was arbitrary and capricious or was

otherwise not in accordance with law. Reimbursement awarded under

this subparagraph shall include all reasonable response costs

incurred by the petitioner pursuant to the portions of the order

found to be arbitrary and capricious or otherwise not in accordance

with law.

(E) Reimbursement awarded by a court under subparagraph (C) or

(D) may include appropriate costs, fees, and other expenses in

accordance with subsections (a) and (d) of section 2412 of title

28.

emergency response authorities; promulgation by Administrator of

EPA, scope, etc.

Within one hundred and eighty days after December 11, 1980, the

Administrator of the Environmental Protection Agency shall, after

consultation with the Attorney General, establish and publish

guidelines for using the imminent hazard, enforcement, and

emergency response authorities of this section and other existing

statutes administered by the Administrator of the Environmental

Protection Agency to effectuate the responsibilities and powers

created by this chapter. Such guidelines shall to the extent

practicable be consistent with the national hazardous substance

response plan, and shall include, at a minimum, the assignment of

responsibility for coordinating response actions with the issuance

of administrative orders, enforcement of standards and permits, the

gathering of information, and other imminent hazard and emergency

powers authorized by (1) sections 1321(c)(2),(!1) 1318, 1319, and

1364(a) of title 33, (2) sections 6927, 6928, 6934, and 6973 of

this title, (3) sections 300j-4 and 300i of this title, (4)

sections 7413, 7414, and 7603 of this title, and (5) section 2606

of title 15.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 106, Dec. 11, 1980, 94 Stat. 2780;

Pub. L. 99-499, title I, Secs. 106, 109(b), Oct. 17, 1986, 100

Stat. 1628, 1633; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767,

as amended, known as the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, which enacted this

chapter, section 6911a of this title, and sections 4611, 4612,

4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code,

amended section 6911 of this title, section 1364 of Title 33,

Navigation and Navigable Waters, and section 11901 of Title 49,

Transportation, and enacted provisions set out as notes under

section 6911 of this title and sections 1 and 4611 of Title 26. For

complete classification of this Act to the Code, see Short Title

note set out under section 9601 of this title and Tables.

Section 1321(c)(2) of title 33, referred to in subsec. (c), was

amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug.

18, 1990, 104 Stat. 523. Prior to general amendment, subsec. (c)(2)

related to preparation of a National Contingency Plan. Provisions

relating to a National Contingency Plan are contained in section

1321(d) of Title 33, Navigation and Navigable Waters.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-499 designated existing provisions

as par. (1), substituted "who, without sufficient cause, willfully"

for "who willfully" and "$25,000" for "$5,000", and added par. (2).

Subsec. (b)(2)(A). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6924, 6939b, 6972, 7412,

9607, 9613, 9614, 9617, 9618, 9619, 9620, 9621, 9622, 9624, 9628 of

this title; title 26 section 4662.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9607 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9607. Liability

-STATUTE-

(a) Covered persons; scope; recoverable costs and damages; interest

rate; "comparable maturity" date

Notwithstanding any other provision or rule of law, and subject

only to the defenses set forth in subsection (b) of this section -

(1) the owner and operator of a vessel or a facility,

(2) any person who at the time of disposal of any hazardous

substance owned or operated any facility at which such hazardous

substances were disposed of,

(3) any person who by contract, agreement, or otherwise

arranged for disposal or treatment, or arranged with a

transporter for transport for disposal or treatment, of hazardous

substances owned or possessed by such person, by any other party

or entity, at any facility or incineration vessel owned or

operated by another party or entity and containing such hazardous

substances, and

(4) any person who accepts or accepted any hazardous substances

for transport to disposal or treatment facilities, incineration

vessels or sites selected by such person, from which there is a

release, or a threatened release which causes the incurrence of

response costs, of a hazardous substance, shall be liable for -

(A) all costs of removal or remedial action incurred by the

United States Government or a State or an Indian tribe not

inconsistent with the national contingency plan;

(B) any other necessary costs of response incurred by any

other person consistent with the national contingency plan;

resources, including the reasonable costs of assessing such

injury, destruction, or loss resulting from such a release; and

(D) the costs of any health assessment or health effects

study carried out under section 9604(i) of this title.

The amounts recoverable in an action under this section shall

include interest on the amounts recoverable under subparagraphs (A)

through (D). Such interest shall accrue from the later of (i) the

date payment of a specified amount is demanded in writing, or (ii)

the date of the expenditure concerned. The rate of interest on the

outstanding unpaid balance of the amounts recoverable under this

section shall be the same rate as is specified for interest on

investments of the Hazardous Substance Superfund established under

subchapter A of chapter 98 of title 26. For purposes of applying

such amendments to interest under this subsection, the term

"comparable maturity" shall be determined with reference to the

date on which interest accruing under this subsection commences.

(b) Defenses

There shall be no liability under subsection (a) of this section

for a person otherwise liable who can establish by a preponderance

of the evidence that the release or threat of release of a

hazardous substance and the damages resulting therefrom were caused

solely by -

(1) an act of God;

(2) an act of war;

(3) an act or omission of a third party other than an employee

or agent of the defendant, or than one whose act or omission

occurs in connection with a contractual relationship, existing

directly or indirectly, with the defendant (except where the sole

contractual arrangement arises from a published tariff and

acceptance for carriage by a common carrier by rail), if the

defendant establishes by a preponderance of the evidence that (a)

he exercised due care with respect to the hazardous substance

concerned, taking into consideration the characteristics of such

hazardous substance, in light of all relevant facts and

circumstances, and (b) he took precautions against foreseeable

acts or omissions of any such third party and the consequences

that could foreseeably result from such acts or omissions; or

(4) any combination of the foregoing paragraphs.

(1) Except as provided in paragraph (2) of this subsection, the

liability under this section of an owner or operator or other

responsible person for each release of a hazardous substance or

incident involving release of a hazardous substance shall not

exceed -

(A) for any vessel, other than an incineration vessel, which

carries any hazardous substance as cargo or residue, $300 per

gross ton, or $5,000,000, whichever is greater;

(B) for any other vessel, other than an incineration vessel,

$300 per gross ton, or $500,000, whichever is greater;

facility (as defined in section 60101(a) of title 49), or rolling

stock, $50,000,000 or such lesser amount as the President shall

establish by regulation, but in no event less than $5,000,000

(or, for releases of hazardous substances as defined in section

9601(14)(A) of this title into the navigable waters, $8,000,000).

Such regulations shall take into account the size, type,

location, storage, and handling capacity and other matters

relating to the likelihood of release in each such class and to

the economic impact of such limits on each such class; or

(D) for any incineration vessel or any facility other than

those specified in subparagraph (C) of this paragraph, the total

of all costs of response plus $50,000,000 for any damages under

this subchapter.

(2) Notwithstanding the limitations in paragraph (1) of this

subsection, the liability of an owner or operator or other

responsible person under this section shall be the full and total

costs of response and damages, if (A)(i) the release or threat of

release of a hazardous substance was the result of willful

misconduct or willful negligence within the privity or knowledge of

such person, or (ii) the primary cause of the release was a

violation (within the privity or knowledge of such person) of

applicable safety, construction, or operating standards or

regulations; or (B) such person fails or refuses to provide all

reasonable cooperation and assistance requested by a responsible

public official in connection with response activities under the

national contingency plan with respect to regulated carriers

subject to the provisions of title 49 or vessels subject to the

provisions of title 33, 46, or 46 Appendix, subparagraph (A)(ii) of

this paragraph shall be deemed to refer to Federal standards or

regulations.

(3) If any person who is liable for a release or threat of

release of a hazardous substance fails without sufficient cause to

properly provide removal or remedial action upon order of the

President pursuant to section 9604 or 9606 of this title, such

person may be liable to the United States for punitive damages in

an amount at least equal to, and not more than three times, the

amount of any costs incurred by the Fund as a result of such

failure to take proper action. The President is authorized to

commence a civil action against any such person to recover the

punitive damages, which shall be in addition to any costs recovered

from such person pursuant to section 9612(c) of this title. Any

moneys received by the United States pursuant to this subsection

shall be deposited in the Fund.

(d) Rendering care or advice

(1) In general

Except as provided in paragraph (2), no person shall be liable

under this subchapter for costs or damages as a result of actions

taken or omitted in the course of rendering care, assistance, or

advice in accordance with the National Contingency Plan ("NCP")

or at the direction of an onscene coordinator appointed under

such plan, with respect to an incident creating a danger to

public health or welfare or the environment as a result of any

releases of a hazardous substance or the threat thereof. This

paragraph shall not preclude liability for costs or damages as

the result of negligence on the part of such person.

(2) State and local governments

No State or local government shall be liable under this

subchapter for costs or damages as a result of actions taken in

response to an emergency created by the release or threatened

release of a hazardous substance generated by or from a facility

owned by another person. This paragraph shall not preclude

liability for costs or damages as a result of gross negligence or

intentional misconduct by the State or local government. For the

purpose of the preceding sentence, reckless, willful, or wanton

misconduct shall constitute gross negligence.

(3) Savings provision

This subsection shall not alter the liability of any person

covered by the provisions of paragraph (1), (2), (3), or (4) of

subsection (a) of this section with respect to the release or

threatened release concerned.

(e) Indemnification, hold harmless, etc., agreements or

conveyances; subrogation rights

(1) No indemnification, hold harmless, or similar agreement or

conveyance shall be effective to transfer from the owner or

operator of any vessel or facility or from any person who may be

liable for a release or threat of release under this section, to

any other person the liability imposed under this section. Nothing

in this subsection shall bar any agreement to insure, hold

harmless, or indemnify a party to such agreement for any liability

under this section.

(2) Nothing in this subchapter, including the provisions of

paragraph (1) of this subsection, shall bar a cause of action that

an owner or operator or any other person subject to liability under

this section, or a guarantor, has or would have, by reason of

subrogation or otherwise against any person.

(f) Natural resources liability; designation of public trustees of

natural resources

(1) Natural resources liability

In the case of an injury to, destruction of, or loss of natural

resources under subparagraph (C) of subsection (a) of this

section liability shall be to the United States Government and to

any State for natural resources within the State or belonging to,

managed by, controlled by, or appertaining to such State and to

any Indian tribe for natural resources belonging to, managed by,

controlled by, or appertaining to such tribe, or held in trust

for the benefit of such tribe, or belonging to a member of such

tribe if such resources are subject to a trust restriction on

alienation: Provided, however, That no liability to the United

States or State or Indian tribe shall be imposed under

subparagraph (C) of subsection (a) of this section, where the

party sought to be charged has demonstrated that the damages to

natural resources complained of were specifically identified as

an irreversible and irretrievable commitment of natural resources

in an environmental impact statement, or other comparable

environment analysis, and the decision to grant a permit or

license authorizes such commitment of natural resources, and the

facility or project was otherwise operating within the terms of

its permit or license, so long as, in the case of damages to an

Indian tribe occurring pursuant to a Federal permit or license,

the issuance of that permit or license was not inconsistent with

the fiduciary duty of the United States with respect to such

Indian tribe. The President, or the authorized representative of

any State, shall act on behalf of the public as trustee of such

natural resources to recover for such damages. Sums recovered by

the United States Government as trustee under this subsection

shall be retained by the trustee, without further appropriation,

for use only to restore, replace, or acquire the equivalent of

such natural resources. Sums recovered by a State as trustee

under this subsection shall be available for use only to restore,

replace, or acquire the equivalent of such natural resources by

the State. The measure of damages in any action under

subparagraph (C) of subsection (a) of this section shall not be

limited by the sums which can be used to restore or replace such

resources. There shall be no double recovery under this chapter

for natural resource damages, including the costs of damage

assessment or restoration, rehabilitation, or acquisition for the

same release and natural resource. There shall be no recovery

under the authority of subparagraph (C) of subsection (a) of this

section where such damages and the release of a hazardous

substance from which such damages resulted have occurred wholly

before December 11, 1980.

(2) Designation of Federal and State officials

(A) Federal

The President shall designate in the National Contingency

Plan published under section 9605 of this title the Federal

officials who shall act on behalf of the public as trustees for

natural resources under this chapter and section 1321 of title

33. Such officials shall assess damages for injury to,

destruction of, or loss of natural resources for purposes of

this chapter and such section 1321 of title 33 for those

resources under their trusteeship and may, upon request of and

reimbursement from a State and at the Federal officials'

discretion, assess damages for those natural resources under

the State's trusteeship.

(B) State

The Governor of each State shall designate State officials

who may act on behalf of the public as trustees for natural

resources under this chapter and section 1321 of title 33 and

shall notify the President of such designations. Such State

officials shall assess damages to natural resources for the

purposes of this chapter and such section 1321 of title 33 for

those natural resources under their trusteeship.

Any determination or assessment of damages to natural

resources for the purposes of this chapter and section 1321 of

title 33 made by a Federal or State trustee in accordance with

the regulations promulgated under section 9651(c) of this title

shall have the force and effect of a rebuttable presumption on

behalf of the trustee in any administrative or judicial

proceeding under this chapter or section 1321 of title 33.

(g) Federal agencies

For provisions relating to Federal agencies, see section 9620 of

this title.

(h) Owner or operator of vessel

The owner or operator of a vessel shall be liable in accordance

with this section, under maritime tort law, and as provided under

section 9614 of this title notwithstanding any provision of the Act

of March 3, 1851 (46 U.S.C. 183ff) [46 App. U.S.C. 182, 183,

184-188] or the absence of any physical damage to the proprietary

interest of the claimant.

(i) Application of a registered pesticide product

No person (including the United States or any State or Indian

tribe) may recover under the authority of this section for any

response costs or damages resulting from the application of a

pesticide product registered under the Federal Insecticide,

Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]. Nothing in

this paragraph shall affect or modify in any way the obligations or

liability of any person under any other provision of State or

Federal law, including common law, for damages, injury, or loss

resulting from a release of any hazardous substance or for removal

or remedial action or the costs of removal or remedial action of

such hazardous substance.

(j) Obligations or liability pursuant to federally permitted

release

Recovery by any person (including the United States or any State

or Indian tribe) for response costs or damages resulting from a

federally permitted release shall be pursuant to existing law in

lieu of this section. Nothing in this paragraph shall affect or

modify in any way the obligations or liability of any person under

any other provision of State or Federal law, including common law,

for damages, injury, or loss resulting from a release of any

hazardous substance or for removal or remedial action or the costs

of removal or remedial action of such hazardous substance. In

addition, costs of response incurred by the Federal Government in

connection with a discharge specified in section 9601(10)(B) or (C)

of this title shall be recoverable in an action brought under

section 1319(b) of title 33.

(k) Transfer to, and assumption by, Post-Closure Liability Fund of

liability of owner or operator of hazardous waste disposal

facility in receipt of permit under applicable solid waste

disposal law; time, criteria applicable, procedures, etc.;

monitoring costs; reports

(1) The liability established by this section or any other law

for the owner or operator of a hazardous waste disposal facility

which has received a permit under subtitle C of the Solid Waste

Disposal Act [42 U.S.C. 6921 et seq.], shall be transferred to and

assumed by the Post-closure Liability Fund established by section

9641 (!1) of this title when -

(A) such facility and the owner and operator thereof has

complied with the requirements of subtitle C of the Solid Waste

Disposal Act [42 U.S.C. 6921 et seq.] and regulations issued

thereunder, which may affect the performance of such facility

after closure; and

(B) such facility has been closed in accordance with such

regulations and the conditions of such permit, and such facility

and the surrounding area have been monitored as required by such

regulations and permit conditions for a period not to exceed five

years after closure to demonstrate that there is no substantial

likelihood that any migration offsite or release from confinement

of any hazardous substance or other risk to public health or

welfare will occur.

(2) Such transfer of liability shall be effective ninety days

after the owner or operator of such facility notifies the

Administrator of the Environmental Protection Agency (and the State

where it has an authorized program under section 3006(b) of the

Solid Waste Disposal Act [42 U.S.C. 6926(b)]) that the conditions

imposed by this subsection have been satisfied. If within such

ninety-day period the Administrator of the Environmental Protection

Agency or such State determines that any such facility has not

complied with all the conditions imposed by this subsection or that

insufficient information has been provided to demonstrate such

compliance, the Administrator or such State shall so notify the

owner and operator of such facility and the administrator of the

Fund established by section 9641 (!1) of this title, and the owner

and operator of such facility shall continue to be liable with

respect to such facility under this section and other law until

such time as the Administrator and such State determines that such

facility has complied with all conditions imposed by this

subsection. A determination by the Administrator or such State that

a facility has not complied with all conditions imposed by this

subsection or that insufficient information has been supplied to

demonstrate compliance, shall be a final administrative action for

purposes of judicial review. A request for additional information

shall state in specific terms the data required.

(3) In addition to the assumption of liability of owners and

operators under paragraph (1) of this subsection, the Post-closure

Liability Fund established by section 9641 (!1) of this title may

be used to pay costs of monitoring and care and maintenance of a

site incurred by other persons after the period of monitoring

required by regulations under subtitle C of the Solid Waste

Disposal Act [42 U.S.C. 6921 et seq.] for hazardous waste disposal

facilities meeting the conditions of paragraph (1) of this

subsection.

(4)(A) Not later than one year after December 11, 1980, the

Secretary of the Treasury shall conduct a study and shall submit a

report thereon to the Congress on the feasibility of establishing

or qualifying an optional system of private insurance for

postclosure financial responsibility for hazardous waste disposal

facilities to which this subsection applies. Such study shall

include a specification of adequate and realistic minimum standards

to assure that any such privately placed insurance will carry out

the purposes of this subsection in a reliable, enforceable, and

practical manner. Such a study shall include an examination of the

public and private incentives, programs, and actions necessary to

make privately placed insurance a practical and effective option to

the financing system for the Post-closure Liability Fund provided

in subchapter II (!1) of this chapter.

(B) Not later than eighteen months after December 11, 1980, and

after a public hearing, the President shall by rule determine

whether or not it is feasible to establish or qualify an optional

system of private insurance for postclosure financial

responsibility for hazardous waste disposal facilities to which

this subsection applies. If the President determines the

establishment or qualification of such a system would be

infeasible, he shall promptly publish an explanation of the reasons

for such a determination. If the President determines the

establishment or qualification of such a system would be feasible,

he shall promptly publish notice of such determination. Not later

than six months after an affirmative determination under the

preceding sentence and after a public hearing, the President shall

by rule promulgate adequate and realistic minimum standards which

must be met by any such privately placed insurance, taking into

account the purposes of this chapter and this subsection. Such

rules shall also specify reasonably expeditious procedures by which

privately placed insurance plans can qualify as meeting such

minimum standards.

under subparagraph (B), any person enrolled in, and complying with

the terms of, such plan shall be excluded from the provisions of

paragraphs (1), (2), and (3) of this subsection and exempt from the

requirements to pay any tax or fee to the Post-closure Liability

Fund under subchapter II (!1) of this chapter.

(D) The President may issue such rules and take such other

actions as are necessary to effectuate the purposes of this

paragraph.

(5) Suspension of liability transfer. - Notwithstanding

paragraphs (1), (2), (3), and (4) of this subsection and subsection

(j) of section 9611 of this title, no liability shall be

transferred to or assumed by the Post-Closure Liability Trust Fund

established by section 9641 (!1) of this title prior to completion

of the study required under paragraph (6) of this subsection,

transmission of a report of such study to both Houses of Congress,

and authorization of such a transfer or assumption by Act of

Congress following receipt of such study and report.

(6) Study of options for post-closure program. -

(A) Study. - The Comptroller General shall conduct a study of

options for a program for the management of the liabilities

associated with hazardous waste treatment, storage, and disposal

sites after their closure which complements the policies set

forth in the Hazardous and Solid Waste Amendments of 1984 and

assures the protection of human health and the environment.

(B) Program elements. - The program referred to in subparagraph

(A) shall be designed to assure each of the following:

(i) Incentives are created and maintained for the safe

management and disposal of hazardous wastes so as to assure

protection of human health and the environment.

(ii) Members of the public will have reasonable confidence

that hazardous wastes will be managed and disposed of safely

and that resources will be available to address any problems

that may arise and to cover costs of long-term monitoring,

care, and maintenance of such sites.

(iii) Persons who are or seek to become owners and operators

of hazardous waste disposal facilities will be able to manage

their potential future liabilities and to attract the

investment capital necessary to build, operate, and close such

facilities in a manner which assures protection of human health

and the environment.

assessments of treatment, storage, and disposal facilities which

have been or are likely to be issued a permit under section 3005

of the Solid Waste Disposal Act [42 U.S.C. 6925] and the

likelihood of future insolvency on the part of owners and

operators of such facilities. Separate assessments shall be made

for different classes of facilities and for different classes of

land disposal facilities and shall include but not be limited to

(i) the current and future financial capabilities of facility

owners and operators;

(ii) the current and future costs associated with facilities,

including the costs of routine monitoring and maintenance,

compliance monitoring, corrective action, natural resource

damages, and liability for damages to third parties; and

(iii) the availability of mechanisms by which owners and

operators of such facilities can assure that current and future

costs, including post-closure costs, will be financed.

(D) Procedures. - In carrying out the responsibilities of this

paragraph, the Comptroller General shall consult with the

Administrator, the Secretary of Commerce, the Secretary of the

Treasury, and the heads of other appropriate Federal agencies.

(E) Consideration of options. - In conducting the study under

this paragraph, the Comptroller General shall consider various

mechanisms and combinations of mechanisms to complement the

policies set forth in the Hazardous and Solid Waste Amendments of

1984 to serve the purposes set forth in subparagraph (B) and to

assure that the current and future costs associated with

hazardous waste facilities, including post-closure costs, will be

adequately financed and, to the greatest extent possible, borne

by the owners and operators of such facilities. Mechanisms to be

considered include, but are not limited to -

(i) revisions to closure, post-closure, and financial

responsibility requirements under subtitles C and I of the

Solid Waste Disposal Act [42 U.S.C. 6921 et seq., 6991 et

seq.];

(ii) voluntary risk pooling by owners and operators;

(iii) legislation to require risk pooling by owners and

operators;

(iv) modification of the Post-Closure Liability Trust Fund

previously established by section 9641 (!2) of this title, and

the conditions for transfer of liability under this subsection,

including limiting the transfer of some or all liability under

this subsection only in the case of insolvency of owners and

operators;

(v) private insurance;

(vi) insurance provided by the Federal Government;

(vii) coinsurance, reinsurance, or pooled-risk insurance,

whether provided by the private sector or provided or assisted

by the Federal Government; and

(viii) creation of a new program to be administered by a new

or existing Federal agency or by a federally chartered

corporation.

(F) Recommendations. - The Comptroller General shall consider

options for funding any program under this section and shall, to

the extent necessary, make recommendations to the appropriate

committees of Congress for additional authority to implement such

program.

(l) Federal lien

(1) In general

All costs and damages for which a person is liable to the

United States under subsection (a) of this section (other than

the owner or operator of a vessel under paragraph (1) of

subsection (a) of this section) shall constitute a lien in favor

of the United States upon all real property and rights to such

property which -

(A) belong to such person; and

(B) are subject to or affected by a removal or remedial

action.

(2) Duration

The lien imposed by this subsection shall arise at the later of

the following:

(A) The time costs are first incurred by the United States

with respect to a response action under this chapter.

(B) The time that the person referred to in paragraph (1) is

provided (by certified or registered mail) written notice of

potential liability.

Such lien shall continue until the liability for the costs (or a

judgment against the person arising out of such liability) is

satisfied or becomes unenforceable through operation of the

statute of limitations provided in section 9613 of this title.

(3) Notice and validity

The lien imposed by this subsection shall be subject to the

rights of any purchaser, holder of a security interest, or

judgment lien creditor whose interest is perfected under

applicable State law before notice of the lien has been filed in

the appropriate office within the State (or county or other

governmental subdivision), as designated by State law, in which

the real property subject to the lien is located. Any such

purchaser, holder of a security interest, or judgment lien

creditor shall be afforded the same protections against the lien

imposed by this subsection as are afforded under State law

against a judgment lien which arises out of an unsecured

obligation and which arises as of the time of the filing of the

notice of the lien imposed by this subsection. If the State has

not by law designated one office for the receipt of such notices

of liens, the notice shall be filed in the office of the clerk of

the United States district court for the district in which the

real property is located. For purposes of this subsection, the

terms "purchaser" and "security interest" shall have the

definitions provided under section 6323(h) of title 26.

(4) Action in rem

The costs constituting the lien may be recovered in an action

in rem in the United States district court for the district in

which the removal or remedial action is occurring or has

occurred. Nothing in this subsection shall affect the right of

the United States to bring an action against any person to

recover all costs and damages for which such person is liable

under subsection (a) of this section.

(m) Maritime lien

All costs and damages for which the owner or operator of a vessel

is liable under subsection (a)(1) of this section with respect to a

release or threatened release from such vessel shall constitute a

maritime lien in favor of the United States on such vessel. Such

costs may be recovered in an action in rem in the district court of

the United States for the district in which the vessel may be

found. Nothing in this subsection shall affect the right of the

United States to bring an action against the owner or operator of

such vessel in any court of competent jurisdiction to recover such

costs.

(n) Liability of fiduciaries

(1) In general

The liability of a fiduciary under any provision of this

chapter for the release or threatened release of a hazardous

substance at, from, or in connection with a vessel or facility

held in a fiduciary capacity shall not exceed the assets held in

the fiduciary capacity.

(2) Exclusion

Paragraph (1) does not apply to the extent that a person is

liable under this chapter independently of the person's ownership

of a vessel or facility as a fiduciary or actions taken in a

fiduciary capacity.

(3) Limitation

Paragraphs (1) and (4) do not limit the liability pertaining to

a release or threatened release of a hazardous substance if

negligence of a fiduciary causes or contributes to the release or

threatened release.

(4) Safe harbor

A fiduciary shall not be liable in its personal capacity under

this chapter for -

(A) undertaking or directing another person to undertake a

response action under subsection (d)(1) of this section or

under the direction of an on scene coordinator designated under

the National Contingency Plan;

(B) undertaking or directing another person to undertake any

other lawful means of addressing a hazardous substance in

connection with the vessel or facility;

(D) including in the terms of the fiduciary agreement a

covenant, warranty, or other term or condition that relates to

compliance with an environmental law, or monitoring, modifying

or enforcing the term or condition;

(E) monitoring or undertaking 1 or more inspections of the

vessel or facility;

(F) providing financial or other advice or counseling to

other parties to the fiduciary relationship, including the

settlor or beneficiary;

(G) restructuring, renegotiating, or otherwise altering the

terms and conditions of the fiduciary relationship;

(H) administering, as a fiduciary, a vessel or facility that

was contaminated before the fiduciary relationship began; or

(I) declining to take any of the actions described in

subparagraphs (B) through (H).

(5) Definitions

As used in this chapter:

(A) Fiduciary

The term "fiduciary" -

(i) means a person acting for the benefit of another party

as a bona fide -

(I) trustee;

(II) executor;

(III) administrator;

(IV) custodian;

(V) guardian of estates or guardian ad litem;

(VI) receiver;

(VII) conservator;

(VIII) committee of estates of incapacitated persons;

(IX) personal representative;

(X) trustee (including a successor to a trustee) under an

indenture agreement, trust agreement, lease, or similar

financing agreement, for debt securities, certificates of

interest or certificates of participation in debt

securities, or other forms of indebtedness as to which the

trustee is not, in the capacity of trustee, the lender; or

(XI) representative in any other capacity that the

Administrator, after providing public notice, determines to

be similar to the capacities described in subclauses (I)

through (X); and

(ii) does not include -

(I) a person that is acting as a fiduciary with respect

to a trust or other fiduciary estate that was organized for

the primary purpose of, or is engaged in, actively carrying

on a trade or business for profit, unless the trust or

other fiduciary estate was created as part of, or to

facilitate, 1 or more estate plans or because of the

incapacity of a natural person; or

(II) a person that acquires ownership or control of a

vessel or facility with the objective purpose of avoiding

liability of the person or of any other person.

(B) Fiduciary capacity

The term "fiduciary capacity" means the capacity of a person

in holding title to a vessel or facility, or otherwise having

control of or an interest in the vessel or facility, pursuant

to the exercise of the responsibilities of the person as a

fiduciary.

(6) Savings clause

Nothing in this subsection -

(A) affects the rights or immunities or other defenses that

are available under this chapter or other law that is

applicable to a person subject to this subsection; or

(B) creates any liability for a person or a private right of

action against a fiduciary or any other person.

(7) No effect on certain persons

Nothing in this subsection applies to a person if the person -

(A)(i) acts in a capacity other than that of a fiduciary or

in a beneficiary capacity; and

(ii) in that capacity, directly or indirectly benefits from a

trust or fiduciary relationship; or

(B)(i) is a beneficiary and a fiduciary with respect to the

same fiduciary estate; and

(ii) as a fiduciary, receives benefits that exceed customary

or reasonable compensation, and incidental benefits, permitted

under other applicable law.

(8) Limitation

This subsection does not preclude a claim under this chapter

against -

(A) the assets of the estate or trust administered by the

fiduciary; or

(B) a nonemployee agent or independent contractor retained by

a fiduciary.

(o) De micromis exemption

(1) In general

Except as provided in paragraph (2), a person shall not be

liable, with respect to response costs at a facility on the

National Priorities List, under this chapter if liability is

based solely on paragraph (3) or (4) of subsection (a) of this

section, and the person, except as provided in paragraph (4) of

this subsection, can demonstrate that -

(A) the total amount of the material containing hazardous

substances that the person arranged for disposal or treatment

of, arranged with a transporter for transport for disposal or

treatment of, or accepted for transport for disposal or

treatment, at the facility was less than 110 gallons of liquid

materials or less than 200 pounds of solid materials (or such

greater or lesser amounts as the Administrator may determine by

regulation); and

(B) all or part of the disposal, treatment, or transport

concerned occurred before April 1, 2001.

(2) Exceptions

Paragraph (1) shall not apply in a case in which -

(A) the President determines that -

(i) the materials containing hazardous substances referred

to in paragraph (1) have contributed significantly or could

contribute significantly, either individually or in the

aggregate, to the cost of the response action or natural

resource restoration with respect to the facility; or

(ii) the person has failed to comply with an information

request or administrative subpoena issued by the President

under this chapter or has impeded or is impeding, through

action or inaction, the performance of a response action or

natural resource restoration with respect to the facility; or

(B) a person has been convicted of a criminal violation for

the conduct to which the exemption would apply, and that

conviction has not been vitiated on appeal or otherwise.

(3) No judicial review

A determination by the President under paragraph (2)(A) shall

not be subject to judicial review.

(4) Nongovernmental third-party contribution actions

In the case of a contribution action, with respect to response

costs at a facility on the National Priorities List, brought by a

party, other than a Federal, State, or local government, under

this chapter, the burden of proof shall be on the party bringing

the action to demonstrate that the conditions described in

paragraph (1)(A) and (B) of this subsection are not met.

(p) Municipal solid waste exemption

(1) In general

Except as provided in paragraph (2) of this subsection, a

person shall not be liable, with respect to response costs at a

facility on the National Priorities List, under paragraph (3) of

subsection (a) of this section for municipal solid waste disposed

of at a facility if the person, except as provided in paragraph

(5) of this subsection, can demonstrate that the person is -

(A) an owner, operator, or lessee of residential property

from which all of the person's municipal solid waste was

generated with respect to the facility;

(B) a business entity (including a parent, subsidiary, or

affiliate of the entity) that, during its 3 taxable years

preceding the date of transmittal of written notification from

the President of its potential liability under this section,

employed on average not more than 100 full-time individuals, or

the equivalent thereof, and that is a small business concern

(within the meaning of the Small Business Act (15 U.S.C. 631 et

seq.)) from which was generated all of the municipal solid

waste attributable to the entity with respect to the facility;

26 and exempt from tax under section 501(a) of such title that,

during its taxable year preceding the date of transmittal of

written notification from the President of its potential

liability under this section, employed not more than 100 paid

individuals at the location from which was generated all of the

municipal solid waste attributable to the organization with

respect to the facility.

For purposes of this subsection, the term "affiliate" has the

meaning of that term provided in the definition of "small

business concern" in regulations promulgated by the Small

Business Administration in accordance with the Small Business Act

(15 U.S.C. 631 et seq.).

(2) Exception

Paragraph (1) shall not apply in a case in which the President

determines that -

(A) the municipal solid waste referred to in paragraph (1)

has contributed significantly or could contribute

significantly, either individually or in the aggregate, to the

cost of the response action or natural resource restoration

with respect to the facility;

(B) the person has failed to comply with an information

request or administrative subpoena issued by the President

under this chapter; or

inaction, the performance of a response action or natural

resource restoration with respect to the facility.

(3) No judicial review

A determination by the President under paragraph (2) shall not

be subject to judicial review.

(4) Definition of municipal solid waste

(A) In general

For purposes of this subsection, the term "municipal solid

waste" means waste material -

(i) generated by a household (including a single or

multifamily residence); and

(ii) generated by a commercial, industrial, or

institutional entity, to the extent that the waste material -

(I) is essentially the same as waste normally generated

by a household;

(II) is collected and disposed of with other municipal

solid waste as part of normal municipal solid waste

collection services; and

(III) contains a relative quantity of hazardous

substances no greater than the relative quantity of

hazardous substances contained in waste material generated

by a typical single-family household.

(B) Examples

Examples of municipal solid waste under subparagraph (A)

include food and yard waste, paper, clothing, appliances,

consumer product packaging, disposable diapers, office

supplies, cosmetics, glass and metal food containers,

elementary or secondary school science laboratory waste, and

household hazardous waste.

The term "municipal solid waste" does not include -

(i) combustion ash generated by resource recovery

facilities or municipal incinerators; or

(ii) waste material from manufacturing or processing

operations (including pollution control operations) that is

not essentially the same as waste normally generated by

households.

(5) Burden of proof

In the case of an action, with respect to response costs at a

facility on the National Priorities List, brought under this

section or section 9613 of this title by -

(A) a party, other than a Federal, State, or local

government, with respect to municipal solid waste disposed of

on or after April 1, 2001; or

(B) any party with respect to municipal solid waste disposed

of before April 1, 2001, the burden of proof shall be on the

party bringing the action to demonstrate that the conditions

described in paragraphs (1) and (4) for exemption for entities

and organizations described in paragraph (1)(B) and (C) are not

met.

(6) Certain actions not permitted

No contribution action may be brought by a party, other than a

Federal, State, or local government, under this chapter with

respect to circumstances described in paragraph (1)(A).

(7) Costs and fees

A nongovernmental entity that commences, after January 11,

2002, a contribution action under this chapter shall be liable to

the defendant for all reasonable costs of defending the action,

including all reasonable attorney's fees and expert witness fees,

if the defendant is not liable for contribution based on an

exemption under this subsection or subsection (o) of this

section.

(q) Contiguous properties

(1) Not considered to be an owner or operator

(A) In general

A person that owns real property that is contiguous to or

otherwise similarly situated with respect to, and that is or

may be contaminated by a release or threatened release of a

hazardous substance from, real property that is not owned by

that person shall not be considered to be an owner or operator

of a vessel or facility under paragraph (1) or (2) of

subsection (a) of this section solely by reason of the

contamination if -

(i) the person did not cause, contribute, or consent to the

release or threatened release;

(ii) the person is not -

(I) potentially liable, or affiliated with any other

person that is potentially liable, for response costs at a

facility through any direct or indirect familial

relationship or any contractual, corporate, or financial

relationship (other than a contractual, corporate, or

financial relationship that is created by a contract for

the sale of goods or services); or

(II) the result of a reorganization of a business entity

that was potentially liable;

(iii) the person takes reasonable steps to -

(I) stop any continuing release;

(II) prevent any threatened future release; and

(III) prevent or limit human, environmental, or natural

resource exposure to any hazardous substance released on or

from property owned by that person;

(iv) the person provides full cooperation, assistance, and

access to persons that are authorized to conduct response

actions or natural resource restoration at the vessel or

facility from which there has been a release or threatened

release (including the cooperation and access necessary for

the installation, integrity, operation, and maintenance of

any complete or partial response action or natural resource

restoration at the vessel or facility);

(v) the person -

(I) is in compliance with any land use restrictions

established or relied on in connection with the response

action at the facility; and

(II) does not impede the effectiveness or integrity of

any institutional control employed in connection with a

response action;

(vi) the person is in compliance with any request for

information or administrative subpoena issued by the

President under this chapter;

(vii) the person provides all legally required notices with

respect to the discovery or release of any hazardous

substances at the facility; and

(viii) at the time at which the person acquired the

property, the person -

(I) conducted all appropriate inquiry within the meaning

of section 9601(35)(B) of this title with respect to the

property; and

(II) did not know or have reason to know that the

property was or could be contaminated by a release or

threatened release of one or more hazardous substances from

other real property not owned or operated by the person.

(B) Demonstration

To qualify as a person described in subparagraph (A), a

person must establish by a preponderance of the evidence that

the conditions in clauses (i) through (viii) of subparagraph

(A) have been met.

Any person that does not qualify as a person described in

this paragraph because the person had, or had reason to have,

knowledge specified in subparagraph (A)(viii) at the time of

acquisition of the real property may qualify as a bona fide

prospective purchaser under section 9601(40) of this title if

the person is otherwise described in that section.

(D) Ground water

With respect to a hazardous substance from one or more

sources that are not on the property of a person that is a

contiguous property owner that enters ground water beneath the

property of the person solely as a result of subsurface

migration in an aquifer, subparagraph (A)(iii) shall not

require the person to conduct ground water investigations or to

install ground water remediation systems, except in accordance

with the policy of the Environmental Protection Agency

concerning owners of property containing contaminated aquifers,

dated May 24, 1995.

(2) Effect of law

With respect to a person described in this subsection, nothing

in this subsection -

(A) limits any defense to liability that may be available to

the person under any other provision of law; or

(B) imposes liability on the person that is not otherwise

imposed by subsection (a) of this section.

(3) Assurances

The Administrator may -

(A) issue an assurance that no enforcement action under this

chapter will be initiated against a person described in

paragraph (1); and

(B) grant a person described in paragraph (1) protection

against a cost recovery or contribution action under section

9613(f) of this title.

(r) Prospective purchaser and windfall lien

(1) Limitation on liability

Notwithstanding subsection (a)(1) of this section, a bona fide

prospective purchaser whose potential liability for a release or

threatened release is based solely on the purchaser's being

considered to be an owner or operator of a facility shall not be

liable as long as the bona fide prospective purchaser does not

impede the performance of a response action or natural resource

restoration.

(2) Lien

If there are unrecovered response costs incurred by the United

States at a facility for which an owner of the facility is not

liable by reason of paragraph (1), and if each of the conditions

described in paragraph (3) is met, the United States shall have a

lien on the facility, or may by agreement with the owner, obtain

from the owner a lien on any other property or other assurance of

payment satisfactory to the Administrator, for the unrecovered

response costs.

(3) Conditions

The conditions referred to in paragraph (2) are the following:

(A) Response action

A response action for which there are unrecovered costs of

the United States is carried out at the facility.

(B) Fair market value

The response action increases the fair market value of the

facility above the fair market value of the facility that

existed before the response action was initiated.

(4) Amount; duration

A lien under paragraph (2) -

(A) shall be in an amount not to exceed the increase in fair

market value of the property attributable to the response

action at the time of a sale or other disposition of the

property;

(B) shall arise at the time at which costs are first incurred

by the United States with respect to a response action at the

facility;

of this section; and

(D) shall continue until the earlier of -

(i) satisfaction of the lien by sale or other means; or

(ii) notwithstanding any statute of limitations under

section 9613 of this title, recovery of all response costs

incurred at the facility.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 107, Dec. 11, 1980, 94 Stat. 2781;

Pub. L. 99-499, title I, Secs. 107(a)-(d)(2), (e), (f), 127(b),

(e), title II, Secs. 201, 207(c), Oct. 17, 1986, 100 Stat.

1628-1630, 1692, 1693, 1705; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

100 Stat. 2095; Pub. L. 103-429, Sec. 7(e)(2), Oct. 31, 1994, 108

Stat. 4390; Pub. L. 104-208, div. A, title II, Sec. 2502(a), Sept.

30, 1996, 110 Stat. 3009-462; Pub. L. 104-287, Sec. 6(j)(2), Oct.

11, 1996, 110 Stat. 3400; Pub. L. 107-118, title I, Sec. 102(a),

title II, Secs. 221, 222(b), Jan. 11, 2002, 115 Stat. 2356, 2368,

2371.)

-REFTEXT-

REFERENCES IN TEXT

Such amendments, referred to in the last sentence of subsec. (a),

probably means the amendments made by Pub. L. 99-499, Oct. 17,

1986, 100 Stat. 1613, known as the "Superfund Amendments and

Reauthorization Act of 1986". For complete classification of this

Act to the Code, see Short Title of 1986 Amendment note set out

under section 9601 of this title and Tables.

Act of March 3, 1851 (46 U.S.C. 183ff), referred to in subsec.

(h), is act Mar. 3, 1851, ch. 43, 9 Stat. 635, which was

incorporated into the Revised Statutes as R.S. Secs. 4282 to 4287

and 4289, and is classified to sections 182, 183, and 184 to 188 of

Title 46, Appendix, Shipping.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (i), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of Title 7, Agriculture. For complete classification of this Act

to the Code, see Short Title note set out under section 136 of

Title 7 and Tables.

The Solid Waste Disposal Act, referred to in subsec. (k)(1), (3),

(6)(E)(i), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat.

997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976,

90 Stat. 2795. Subtitles C and I of the Solid Waste Disposal Act

are classified generally to subchapters III (Sec. 6921 et seq.) and

IX (Sec. 6991 et seq.), respectively, of chapter 82 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 6901 of this title and Tables.

Section 9641 of this title, referred to in subsec. (k), was

repealed by Pub. L. 99-499, title V, Sec. 514(b), Oct. 17, 1986,

100 Stat. 1767.

Subchapter II of this chapter, referred to in subsec. (k)(4)(A)

and (C), was in the original "title II of this Act", meaning title

II of Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2796, known as the

Hazardous Substance Response Revenue Act of 1980, which enacted

subchapter II of this chapter and sections 4611, 4612, 4661, 4662,

4681, and 4682 of Title 26, Internal Revenue Code. Sections 221 to

223 and 232 of Pub. L. 96-510, which were classified to sections

9631 to 9633 and 9641 of this title, comprising subchapter II of

this chapter, were repealed by Pub. L. 99-499, title V, Secs.

514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For

complete classification of title II to the Code, see Short Title of

1980 Amendment note set out under section 1 of Title 26 and Tables.

The Hazardous and Solid Waste Amendments of 1984, referred to in

subsec. (k)(6)(A), (E), is Pub. L. 98-616, Nov. 8, 1984, 98 Stat.

3221. For complete classification of this Act to the Code, see

Short Title of 1984 Amendment note set out under section 6901 of

this title and Tables.

The Small Business Act, referred to in subsec. (p)(1), is Pub. L.

85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

-MISC1-

AMENDMENTS

2002 - Subsecs. (o), (p). Pub. L. 107-118, Sec. 102(a), added

subsecs. (o) and (p).

Subsec. (q). Pub. L. 107-118, Sec. 221, added subsec. (q).

Subsec. (r). Pub. L. 107-118, Sec. 222(b), added subsec. (r).

1996 - Subsec. (c)(1)(C). Pub. L. 104-287 substituted "section

60101(a) of title 49" for "the Hazardous Liquid Pipeline Safety Act

of 1979".

Subsec. (n). Pub. L. 104-208 added subsec. (n).

1994 - Subsec. (c)(1)(C). Pub. L. 103-429 substituted "hazardous

liquid pipeline facility" for "pipeline".

1986 - Subsec. (a). Pub. L. 99-514, in penultimate sentence,

substituted "Internal Revenue Code of 1986" for "Internal Revenue

Code of 1954", which for purposes of codification was translated as

"title 26" thus requiring no change in text.

Pub. L. 99-499, Sec. 107(b), inserted concluding provisions

relating to accrual and rate of interest on amounts recoverable

under this section.

Subsec. (a)(1). Pub. L. 99-499, Sec. 107(a), struck out

"(otherwise subject to the jurisdiction of the United States)"

after "vessel".

Subsec. (a)(3). Pub. L. 99-499, Sec. 127(b)(1), inserted "or

incineration vessel" after "facility".

Subsec. (a)(4). Pub. L. 99-499, Secs. 107(b), 127(b)(2),

207(c)(1), in introductory provisions, inserted ", incineration

vessels" after "vessels", in subpar. (A), inserted "or an Indian

tribe" after "State", and added subpar. (D).

Subsec. (c)(1)(A). Pub. L. 99-499, Sec. 127(b)(3), inserted ",

other than an incineration vessel," after "vessel".

Subsec. (c)(1)(B). Pub. L. 99-499, Sec. 127(b)(4), inserted

"other than an incineration vessel," after "other vessel,".

Subsec. (c)(1)(D). Pub. L. 99-499, Sec. 127(b)(5), inserted "any

incineration vessel or" before "any facility".

Subsec. (d). Pub. L. 99-499, Sec. 107(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "No

person shall be liable under this subchapter for damages as a

result of actions taken or omitted in the course of rendering care,

assistance, or advice in accordance with the national contingency

plan or at the direction of an onscene coordinator appointed under

such plan, with respect to an incident creating a danger to public

health or welfare or the environment as a result of any release of

a hazardous substance or the threat thereof. This subsection shall

not preclude liability for damages as the result of gross

negligence or intentional misconduct on the part of such person.

For the purposes of the preceding sentence, reckless, willful, or

wanton misconduct shall constitute gross negligence."

Subsec. (f)(1). Pub. L. 99-499, Sec. 107(d)(1), designated

existing provisions as par. (1) and added heading.

Pub. L. 99-499, Sec. 207(c)(2)(A), inserted "and to any Indian

tribe for natural resources belonging to, managed by, controlled

by, or appertaining to such tribe, or held in trust for the benefit

of such tribe, or belonging to a member of such tribe if such

resources are subject to a trust restriction on alienation" after

third reference to "State".

Pub. L. 99-499, Sec. 207(c)(2)(B), inserted "or Indian tribe"

after fourth reference to "State".

Pub. L. 99-499, Sec. 207(c)(2)(C), inserted in first sentence ",

so long as, in the case of damages to an Indian tribe occurring

pursuant to a Federal permit or license, the issuance of that

permit or license was not inconsistent with the fiduciary duty of

the United States with respect to such Indian tribe".

Pub. L. 99-499, Sec. 107(d)(2), substituted "Sums recovered by

the United States Government as trustee under this subsection shall

be retained by the trustee, without further appropriation, for use

only to restore, replace, or acquire the equivalent of such natural

resources. Sums recovered by a State as trustee under this

subsection shall be available for use only to restore, replace, or

acquire the equivalent of such natural resources by the State. The

measure of damages in any action under subparagraph (C) of

subsection (a) of this section shall not be limited by the sums

which can be used to restore or replace such resources. There shall

be no double recovery under this chapter for natural resource

damages, including the costs of damage assessment or restoration,

rehabilitation, or acquisition for the same release and natural

resource" for "Sums recovered shall be available for use to

restore, rehabilitate, or acquire the equivalent of such natural

resources by the appropriate agencies of the Federal Government or

the State government, but the measure of such damages shall not be

limited by the sums which can be used to restore or replace such

resources".

Pub. L. 99-499, Sec. 207(c)(2)(D), which directed the insertion

of "or the Indian tribe" after "State government", could not be

executed because the prior amendment by section 107(d)(2) of Pub.

L. 99-499, struck out third sentence referring to "State

government".

Subsec. (f)(2). Pub. L. 99-499, Sec. 107(d)(1), added par. (2).

Subsec. (g). Pub. L. 99-499, Sec. 107(e), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "Each

department, agency, or instrumentality of the executive,

legislative, and judicial branches of the Federal Government shall

be subject to, and comply with, this chapter in the same manner and

to the same extent, both procedurally and substantively, as any

nongovernmental entity, including liability under this section."

Subsec. (h). Pub. L. 99-499, Sec. 127(e), inserted ", under

maritime tort law," after "with this section" and inserted "or the

absence of any physical damage to the proprietary interest of the

claimant" before the period at end.

Subsec. (i). Pub. L. 99-499, Sec. 207(c)(3), inserted "or Indian

tribe" after "State".

Subsec. (j). Pub. L. 99-499, Sec. 207(c)(4), inserted "or Indian

tribe" after first reference to "State".

Subsec. (k)(5), (6). Pub. L. 99-499, Sec. 201, added pars. (5)

and (6).

Subsec. (l), Pub. L. 99-499, Sec. 107(f), added subsec. (l).

Subsec. (l)(3). Pub. L. 99-514 substituted "Internal Revenue Code

of 1986" for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

Subsec. (m). Pub. L. 99-499, Sec. 107(f), added subsec. (m).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to any claim

that has not been finally adjudicated as of Sept. 30, 1996, see

section 2505 of Pub. L. 104-208, set out as a note under section

6991b of this title.

EFFECT ON CONCLUDED ACTIONS

Pub. L. 107-118, title I, Sec. 103, Jan. 11, 2002, 115 Stat.

2360, provided that: "The amendments made by this title [amending

this section and section 9622 of this title] shall not apply to or

in any way affect any settlement lodged in, or judgment issued by,

a United States District Court, or any administrative settlement or

order entered into or issued by the United States or any State,

before the date of the enactment of this Act [Jan. 11, 2002]."

RECOVERY OF COSTS

Pub. L. 104-303, title II, Sec. 209, Oct. 12, 1996, 110 Stat.

3681, provided that: "Amounts recovered under section 107 of the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9607) for any response action taken by the

Secretary in support of the civil works program of the Department

of the Army and any other amounts recovered by the Secretary from a

contractor, insurer, surety, or other person to reimburse the

Department of the Army for any expenditure for environmental

response activities in support of the Army civil works program

shall be credited to the appropriate trust fund account from which

the cost of such response action has been paid or will be charged."

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6924, 6939a, 6991b,

6991c, 9601, 9603, 9604, 9606, 9608, 9611, 9612, 9613, 9614, 9619,

9620, 9622, 9624, 9627, 9628, 9651, 9656, 9658 of this title; title

14 section 692; title 16 sections 1437, 1443; title 26 section

9507.

-FOOTNOTE-

(!1)See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9608 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9608. Financial responsibility

-STATUTE-

(a) Establishment and maintenance by owner or operator of vessel;

amount; failure to obtain certification of compliance

(1) The owner or operator of each vessel (except a

nonself-propelled barge that does not carry hazardous substances as

cargo) over three hundred gross tons that uses any port or place in

the United States or the navigable waters or any offshore facility,

shall establish and maintain, in accordance with regulations

promulgated by the President, evidence of financial responsibility

of $300 per gross ton (or for a vessel carrying hazardous

substances as cargo, or $5,000,000, whichever is greater) to cover

the liability prescribed under paragraph (1) of section 9607(a) of

this title. Financial responsibility may be established by any one,

or any combination, of the following: insurance, guarantee, surety

bond, or qualification as a self-insurer. Any bond filed shall be

issued by a bonding company authorized to do business in the United

States. In cases where an owner or operator owns, operates, or

charters more than one vessel subject to this subsection, evidence

of financial responsibility need be established only to meet the

maximum liability applicable to the largest of such vessels.

(2) The Secretary of the Treasury shall withhold or revoke the

clearance required by section 91 of title 46, Appendix, of any

vessel subject to this subsection that does not have certification

furnished by the President that the financial responsibility

provisions of paragraph (1) of this subsection have been complied

with.

(3) The Secretary of Transportation, in accordance with

regulations issued by him, shall (A) deny entry to any port or

place in the United States or navigable waters to, and (B) detain

at the port or place in the United States from which it is about to

depart for any other port or place in the United States, any vessel

subject to this subsection that, upon request, does not produce

certification furnished by the President that the financial

responsibility provisions of paragraph (1) of this subsection have

been complied with.

(4) In addition to the financial responsibility provisions of

paragraph (1) of this subsection, the President shall require

additional evidence of financial responsibility for incineration

vessels in such amounts, and to cover such liabilities recognized

by law, as the President deems appropriate, taking into account the

potential risks posed by incineration and transport for

incineration, and any other factors deemed relevant.

(b) Establishment and maintenance by owner or operator of

production, etc., facilities; amount; adjustment; consolidated

form of responsibility; coverage of motor carriers

(1) Beginning not earlier than five years after December 11,

1980, the President shall promulgate requirements (for facilities

in addition to those under subtitle C of the Solid Waste Disposal

Act [42 U.S.C. 6921 et seq.] and other Federal law) that classes of

facilities establish and maintain evidence of financial

responsibility consistent with the degree and duration of risk

associated with the production, transportation, treatment, storage,

or disposal of hazardous substances. Not later than three years

after December 11, 1980, the President shall identify those classes

for which requirements will be first developed and publish notice

of such identification in the Federal Register. Priority in the

development of such requirements shall be accorded to those classes

of facilities, owners, and operators which the President determines

present the highest level of risk of injury.

(2) The level of financial responsibility shall be initially

established, and, when necessary, adjusted to protect against the

level of risk which the President in his discretion believes is

appropriate based on the payment experience of the Fund, commercial

insurers, courts settlements and judgments, and voluntary claims

satisfaction. To the maximum extent practicable, the President

shall cooperate with and seek the advice of the commercial

insurance industry in developing financial responsibility

requirements. Financial responsibility may be established by any

one, or any combination, of the following: insurance, guarantee,

surety bond, letter of credit, or qualification as a self-insurer.

In promulgating requirements under this section, the President is

authorized to specify policy or other contractual terms,

conditions, or defenses which are necessary, or which are

unacceptable, in establishing such evidence of financial

responsibility in order to effectuate the purposes of this chapter.

(3) Regulations promulgated under this subsection shall

incrementally impose financial responsibility requirements as

quickly as can reasonably be achieved but in no event more than 4

years after the date of promulgation. Where possible, the level of

financial responsibility which the President believes appropriate

as a final requirement shall be achieved through incremental,

annual increases in the requirements.

(4) Where a facility is owned or operated by more than one

person, evidence of financial responsibility covering the facility

may be established and maintained by one of the owners or

operators, or, in consolidated form, by or on behalf of two or more

owners or operators. When evidence of financial responsibility is

established in a consolidated form, the proportional share of each

participant shall be shown. The evidence shall be accompanied by a

statement authorizing the applicant to act for and in behalf of

each participant in submitting and maintaining the evidence of

financial responsibility.

(5) The requirements for evidence of financial responsibility for

motor carriers covered by this chapter shall be determined under

section 31139 of title 49.

(1) Releases from vessels

In the case of a release or threatened release from a vessel,

any claim authorized by section 9607 or 9611 of this title may be

asserted directly against any guarantor providing evidence of

financial responsibility for such vessel under subsection (a) of

this section. In defending such a claim, the guarantor may invoke

all rights and defenses which would be available to the owner or

operator under this subchapter. The guarantor may also invoke the

defense that the incident was caused by the willful misconduct of

the owner or operator, but the guarantor may not invoke any other

defense that the guarantor might have been entitled to invoke in

a proceeding brought by the owner or operator against him.

(2) Releases from facilities

In the case of a release or threatened release from a facility,

any claim authorized by section 9607 or 9611 of this title may be

asserted directly against any guarantor providing evidence of

financial responsibility for such facility under subsection (b)

of this section, if the person liable under section 9607 of this

title is in bankruptcy, reorganization, or arrangement pursuant

to the Federal Bankruptcy Code, or if, with reasonable diligence,

jurisdiction in the Federal courts cannot be obtained over a

person liable under section 9607 of this title who is likely to

be solvent at the time of judgment. In the case of any action

pursuant to this paragraph, the guarantor shall be entitled to

invoke all rights and defenses which would have been available to

the person liable under section 9607 of this title if any action

had been brought against such person by the claimant and all

rights and defenses which would have been available to the

guarantor if an action had been brought against the guarantor by

such person.

(d) Limitation of guarantor liability

(1) Total liability

The total liability of any guarantor in a direct action suit

brought under this section shall be limited to the aggregate

amount of the monetary limits of the policy of insurance,

guarantee, surety bond, letter of credit, or similar instrument

obtained from the guarantor by the person subject to liability

under section 9607 of this title for the purpose of satisfying

the requirement for evidence of financial responsibility.

(2) Other liability

Nothing in this subsection shall be construed to limit any

other State or Federal statutory, contractual, or common law

liability of a guarantor, including, but not limited to, the

liability of such guarantor for bad faith either in negotiating

or in failing to negotiate the settlement of any claim. Nothing

in this subsection shall be construed, interpreted, or applied to

diminish the liability of any person under section 9607 of this

title or other applicable law.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 108, Dec. 11, 1980, 94 Stat. 2785;

Pub. L. 99-499, title I, Secs. 108, 127(c), Oct. 17, 1986, 100

Stat. 1631, 1692.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (b)(1), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.

Subtitle C of the Solid Waste Disposal Act is classified generally

to subchapter III (Sec. 6921 et seq.) of chapter 82 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 6901 of this title and Tables.

The Federal Bankruptcy Code, referred to in subsec. (c)(2),

probably means a reference to Title 11, Bankruptcy.

-COD-

CODIFICATION

In subsec. (b)(5), "section 31139 of title 49" substituted for

"section 30 of the Motor Carrier Act of 1980, Public Law 96-296" on

authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.

1378, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(1). Pub. L. 99-499, Sec. 127(c)(1), inserted

"to cover the liability prescribed under paragraph (1) of section

9607(a) of this title" after "whichever is greater)".

Subsec. (a)(4). Pub. L. 99-499, Sec. 127(c)(2), added par. (4).

Subsec. (b)(2). Pub. L. 99-499, Sec. 108(a), inserted provisions

relating to evidence of financial responsibility and authority of

the President regarding establishment of that evidence.

Subsec. (b)(3). Pub. L. 99-499, Sec. 108(b), substituted "as

quickly as can reasonably be achieved but in no event more than 4

years" for "over a period of not less than three and no more than

six years".

Subsec. (c). Pub. L. 99-499, Sec. 108(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "Any

claim authorized by section 9607 or 9611 of this title may be

asserted directly against any guarantor providing evidence of

financial responsibility as required under this section. In

defending such a claim, the guarantor may invoke all rights and

defenses which would be available to the owner or operator under

this subchapter. The guarantor may also invoke the defense that the

incident was caused by the willful misconduct of the owner or

operator, but such guarantor may not invoke any other defense that

such guarantor might have been entitled to invoke in a proceeding

brought by the owner or operator against him."

Subsec. (d). Pub. L. 99-499, Sec. 108(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "Any

guarantor acting in good faith against which claims under this

chapter are asserted as a guarantor shall be liable under section

9607 of this title or section 9612(c) of this title only up to the

monetary limits of the policy of insurance or indemnity contract

such guarantor has undertaken or of the guaranty of other evidence

of financial responsibility furnished under this section, and only

to the extent that liability is not excluded by restrictive

endorsement: Provided, That this subsection shall not alter the

liability of any person under section 9607 of this title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9609 of this title.

-End-

-CITE-

42 USC Sec. 9609 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9609. Civil penalties and awards

-STATUTE-

(a) Class I administrative penalty

(1) Violations

A civil penalty of not more than $25,000 per violation may be

assessed by the President in the case of any of the following -

(A) A violation of the requirements of section 9603(a) or (b)

of this title (relating to notice).

(B) A violation of the requirements of section 9603(d)(2) of

this title (relating to destruction of records, etc.).

title (relating to financial responsibility, etc.), the

regulations issued under section 9608 of this title, or with

any denial or detention order under section 9608 of this title.

(D) A violation of an order under section 9622(d)(3) of this

title (relating to settlement agreements for action under

section 9604(b) of this title).

(E) Any failure or refusal referred to in section 9622(l) of

this title (relating to violations of administrative orders,

consent decrees, or agreements under section 9620 of this

title).

(2) Notice and hearings

No civil penalty may be assessed under this subsection unless

the person accused of the violation is given notice and

opportunity for a hearing with respect to the violation.

(3) Determining amount

In determining the amount of any penalty assessed pursuant to

this subsection, the President shall take into account the

nature, circumstances, extent and gravity of the violation or

violations and, with respect to the violator, ability to pay, any

prior history of such violations, the degree of culpability,

economic benefit or savings (if any) resulting from the

violation, and such other matters as justice may require.

(4) Review

Any person against whom a civil penalty is assessed under this

subsection may obtain review thereof in the appropriate district

court of the United States by filing a notice of appeal in such

court within 30 days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the President. The President shall promptly file in such court a

certified copy of the record upon which such violation was found

or such penalty imposed. If any person fails to pay an assessment

of a civil penalty after it has become a final and unappealable

order or after the appropriate court has entered final judgment

in favor of the United States, the President may request the

Attorney General of the United States to institute a civil action

in an appropriate district court of the United States to collect

the penalty, and such court shall have jurisdiction to hear and

decide any such action. In hearing such action, the court shall

have authority to review the violation and the assessment of the

civil penalty on the record.

(5) Subpoenas

The President may issue subpoenas for the attendance and

testimony of witnesses and the production of relevant papers,

books, or documents in connection with hearings under this

subsection. In case of contumacy or refusal to obey a subpoena

issued pursuant to this paragraph and served upon any person, the

district court of the United States for any district in which

such person is found, resides, or transacts business, upon

application by the United States and after notice to such person,

shall have jurisdiction to issue an order requiring such person

to appear and give testimony before the administrative law judge

or to appear and produce documents before the administrative law

judge, or both, and any failure to obey such order of the court

may be punished by such court as a contempt thereof.

(b) Class II administrative penalty

A civil penalty of not more than $25,000 per day for each day

during which the violation continues may be assessed by the

President in the case of any of the following -

(1) A violation of the notice requirements of section 9603(a)

or (b) of this title.

(2) A violation of section 9603(d)(2) of this title (relating

to destruction of records, etc.).

(3) A violation of the requirements of section 9608 of this

title (relating to financial responsibility, etc.), the

regulations issued under section 9608 of this title, or with any

denial or detention order under section 9608 of this title.

(4) A violation of an order under section 9622(d)(3) of this

title (relating to settlement agreements for action under section

9604(b) of this title).

(5) Any failure or refusal referred to in section 9622(l) of

this title (relating to violations of administrative orders,

consent decrees, or agreements under section 9620 of this title).

In the case of a second or subsequent violation the amount of such

penalty may be not more than $75,000 for each day during which the

violation continues. Any civil penalty under this subsection shall

be assessed and collected in the same manner, and subject to the

same provisions, as in the case of civil penalties assessed and

collected after notice and opportunity for hearing on the record in

accordance with section 554 of title 5. In any proceeding for the

assessment of a civil penalty under this subsection the President

may issue subpoenas for the attendance and testimony of witnesses

and the production of relevant papers, books, and documents and may

promulgate rules for discovery procedures. Any person who requested

a hearing with respect to a civil penalty under this subsection and

who is aggrieved by an order assessing the civil penalty may file a

petition for judicial review of such order with the United States

Court of Appeals for the District of Columbia Circuit or for any

other circuit in which such person resides or transacts business.

Such a petition may only be filed within the 30-day period

beginning on the date the order making such assessment was issued.

The President may bring an action in the United States district

court for the appropriate district to assess and collect a penalty

of not more than $25,000 per day for each day during which the

violation (or failure or refusal) continues in the case of any of

the following -

(1) A violation of the notice requirements of section 9603(a)

or (b) of this title.

(2) A violation of section 9603(d)(2) of this title (relating

to destruction of records, etc.).

(3) A violation of the requirements of section 9608 of this

title (relating to financial responsibility, etc.), the

regulations issued under section 9608 of this title, or with any

denial or detention order under section 9608 of this title.

(4) A violation of an order under section 9622(d)(3) of this

title (relating to settlement agreements for action under section

9604(b) of this title).

(5) Any failure or refusal referred to in section 9622(l) of

this title (relating to violations of administrative orders,

consent decrees, or agreements under section 9620 of this title).

In the case of a second or subsequent violation (or failure or

refusal), the amount of such penalty may be not more than $75,000

for each day during which the violation (or failure or refusal)

continues. For additional provisions providing for judicial

assessment of civil penalties for failure to comply with a request

or order under section 9604(e) of this title (relating to

information gathering and access authorities), see section 9604(e)

of this title.

(d) Awards

The President may pay an award of up to $10,000 to any individual

who provides information leading to the arrest and conviction of

any person for a violation subject to a criminal penalty under this

chapter, including any violation of section 9603 of this title and

any other violation referred to in this section. The President

shall, by regulation, prescribe criteria for such an award and may

pay any award under this subsection from the Fund, as provided in

section 9611 of this title.

(e) Procurement procedures

Notwithstanding any other provision of law, any executive agency

may use competitive procedures or procedures other than competitive

procedures to procure the services of experts for use in preparing

or prosecuting a civil or criminal action under this chapter,

whether or not the expert is expected to testify at trial. The

executive agency need not provide any written justification for the

use of procedures other than competitive procedures when procuring

such expert services under this chapter and need not furnish for

publication in the Commerce Business Daily or otherwise any notice

of solicitation or synopsis with respect to such procurement.

(f) Savings clause

Action taken by the President pursuant to this section shall not

affect or limit the President's authority to enforce any provisions

of this chapter.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 109, Dec. 11, 1980, 94 Stat. 2787;

Pub. L. 99-499, title I, Sec. 109(c), Oct. 17, 1986, 100 Stat.

1633.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-499 amended section generally. Prior to

amendment, section read as follows: "Any person who, after notice

and an opportunity for a hearing, is found to have failed to comply

with the requirements of section 9608 of this title, the

regulations issued thereunder, or with any denial or detention

order shall be liable to the United States for a civil penalty, not

to exceed $10,000 for each day of violation."

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9611, 9622 of this title.

-End-

-CITE-

42 USC Sec. 9610 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9610. Employee protection

-STATUTE-

(a) Activities of employee subject to protection

No person shall fire or in any other way discriminate against, or

cause to be fired or discriminated against, any employee or any

authorized representative of employees by reason of the fact that

such employee or representative has provided information to a State

or to the Federal Government, filed, instituted, or caused to be

filed or instituted any proceeding under this chapter, or has

testified or is about to testify in any proceeding resulting from

the administration or enforcement of the provisions of this

chapter.

(b) Administrative grievance procedure in cases of alleged

violations

Any employee or a representative of employees who believes that

he has been fired or otherwise discriminated against by any person

in violation of subsection (a) of this section may, within thirty

days after such alleged violation occurs, apply to the Secretary of

Labor for a review of such firing or alleged discrimination. A copy

of the application shall be sent to such person, who shall be the

respondent. Upon receipt of such application, the Secretary of

Labor shall cause such investigation to be made as he deems

appropriate. Such investigation shall provide an opportunity for a

public hearing at the request of any party to such review to enable

the parties to present information relating to such alleged

violation. The parties shall be given written notice of the time

and place of the hearing at least five days prior to the hearing.

Any such hearing shall be of record and shall be subject to section

554 of title 5. Upon receiving the report of such investigation,

the Secretary of Labor shall make findings of fact. If he finds

that such violation did occur, he shall issue a decision,

incorporating an order therein and his findings, requiring the

party committing such violation to take such affirmative action to

abate the violation as the Secretary of Labor deems appropriate,

including, but not limited to, the rehiring or reinstatement of the

employee or representative of employees to his former position with

compensation. If he finds that there was no such violation, he

shall issue an order denying the application. Such order issued by

the Secretary of Labor under this subparagraph shall be subject to

judicial review in the same manner as orders and decisions are

subject to judicial review under this chapter.

issuance of order of abatement

Whenever an order is issued under this section to abate such

violation, at the request of the applicant a sum equal to the

aggregate amount of all costs and expenses (including the

attorney's fees) determined by the Secretary of Labor to have been

reasonably incurred by the applicant for, or in connection with,

the institution and prosecution of such proceedings, shall be

assessed against the person committing such violation.

(d) Defenses

This section shall have no application to any employee who acting

without discretion from his employer (or his agent) deliberately

violates any requirement of this chapter.

(e) Presidential evaluations of potential loss of shifts of

employment resulting from administration or enforcement of

provisions; investigations; procedures applicable, etc.

The President shall conduct continuing evaluations of potential

loss of shifts of employment which may result from the

administration or enforcement of the provisions of this chapter,

including, where appropriate, investigating threatened plant

closures or reductions in employment allegedly resulting from such

administration or enforcement. Any employee who is discharged, or

laid off, threatened with discharge or layoff, or otherwise

discriminated against by any person because of the alleged results

of such administration or enforcement, or any representative of

such employee, may request the President to conduct a full

investigation of the matter and, at the request of any party, shall

hold public hearings, require the parties, including the employer

involved, to present information relating to the actual or

potential effect of such administration or enforcement on

employment and any alleged discharge, layoff, or other

discrimination, and the detailed reasons or justification

therefore.(!1) Any such hearing shall be of record and shall be

subject to section 554 of title 5. Upon receiving the report of

such investigation, the President shall make findings of fact as to

the effect of such administration or enforcement on employment and

on the alleged discharge, layoff, or discrimination and shall make

such recommendations as he deems appropriate. Such report,

findings, and recommendations shall be available to the public.

Nothing in this subsection shall be construed to require or

authorize the President or any State to modify or withdraw any

action, standard, limitation, or any other requirement of this

chapter.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 110, Dec. 11, 1980, 94 Stat. 2787.)

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 9611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9611. Uses of Fund

-STATUTE-

(a) In general

For the purposes specified in this section there is authorized to

be appropriated from the Hazardous Substance Superfund established

under subchapter A of chapter 98 of title 26 not more than

$8,500,000,000 for the 5-year period beginning on October 17, 1986,

and not more than $5,100,000,000 for the period commencing October

1, 1991, and ending September 30, 1994, and such sums shall remain

available until expended. The preceding sentence constitutes a

specific authorization for the funds appropriated under title II of

Public Law 99-160 (relating to payment to the Hazardous Substances

Trust Fund). The President shall use the money in the Fund for the

following purposes:

(1) Payment of governmental response costs incurred pursuant to

section 9604 of this title, including costs incurred pursuant to

the Intervention on the High Seas Act [33 U.S.C. 1471 et seq.].

(2) Payment of any claim for necessary response costs incurred

by any other person as a result of carrying out the national

contingency plan established under section 1321(c) (!1) of title

33 and amended by section 9605 of this title: Provided, however,

That such costs must be approved under said plan and certified by

the responsible Federal official.

(3) Payment of any claim authorized by subsection (b) of this

section and finally decided pursuant to section 9612 of this

title, including those costs set out in subsection 9612(c)(3) of

this title.

(4) Payment of costs specified under subsection (c) of this

section.

(5) Grants for technical assistance. - The cost of grants under

section 9617(e) of this title (relating to public participation

grants for technical assistance).

(6) Lead contaminated soil. - Payment of not to exceed

$15,000,000 for the costs of a pilot program for removal,

decontamination, or other action with respect to

lead-contaminated soil in one to three different metropolitan

areas.

The President shall not pay for any administrative costs or

expenses out of the Fund unless such costs and expenses are

reasonably necessary for and incidental to the implementation of

this subchapter.

(b) Additional authorized purposes

(1) In general

Claims asserted and compensable but unsatisfied under

provisions of section 1321 of title 33, which are modified by

section 304 of this Act may be asserted against the Fund under

this subchapter; and other claims resulting from a release or

threat of release of a hazardous substance from a vessel or a

facility may be asserted against the Fund under this subchapter

for injury to, or destruction or loss of, natural resources,

including cost for damage assessment: Provided, however, That any

such claim may be asserted only by the President, as trustee, for

natural resources over which the United States has sovereign

rights, or natural resources within the territory or the fishery

conservation zone of the United States to the extent they are

managed or protected by the United States, or by any State for

natural resources within the boundary of that State belonging to,

managed by, controlled by, or appertaining to the State, or by

any Indian tribe or by the United States acting on behalf of any

Indian tribe for natural resources belonging to, managed by,

controlled by, or appertaining to such tribe, or held in trust

for the benefit of such tribe, or belonging to a member of such

tribe if such resources are subject to a trust restriction on

alienation.

(2) Limitation on payment of natural resource claims

(A) General requirements

No natural resource claim may be paid from the Fund unless

the President determines that the claimant has exhausted all

administrative and judicial remedies to recover the amount of

such claim from persons who may be liable under section 9607 of

this title.

(B) Definition

As used in this paragraph, the term "natural resource claim"

means any claim for injury to, or destruction or loss of,

natural resources. The term does not include any claim for the

costs of natural resource damage assessment.

Uses of the Fund under subsection (a) of this section include -

(1) The costs of assessing both short-term and long-term injury

to, destruction of, or loss of any natural resources resulting

from a release of a hazardous substance.

(2) The costs of Federal or State or Indian tribe efforts in

the restoration, rehabilitation, or replacement or acquiring the

equivalent of any natural resources injured, destroyed, or lost

as a result of a release of a hazardous substance.

(3) Subject to such amounts as are provided in appropriation

Acts, the costs of a program to identify, investigate, and take

enforcement and abatement action against releases of hazardous

substances.

(4) Any costs incurred in accordance with subsection (m) of

this section (relating to ATSDR) and section 9604(i) of this

title, including the costs of epidemiologic and laboratory

studies, health assessments, preparation of toxicologic profiles,

development and maintenance of a registry of persons exposed to

hazardous substances to allow long-term health effect studies,

and diagnostic services not otherwise available to determine

whether persons in populations exposed to hazardous substances in

connection with a release or a suspected release are suffering

from long-latency diseases.

(5) Subject to such amounts as are provided in appropriation

Acts, the costs of providing equipment and similar overhead,

related to the purposes of this chapter and section 1321 of title

33, and needed to supplement equipment and services available

through contractors or other non-Federal entities, and of

establishing and maintaining damage assessment capability, for

any Federal agency involved in strike forces, emergency task

forces, or other response teams under the national contingency

plan.

(6) Subject to such amounts as are provided in appropriation

Acts, the costs of a program to protect the health and safety of

employees involved in response to hazardous substance releases.

Such program shall be developed jointly by the Environmental

Protection Agency, the Occupational Safety and Health

Administration, and the National Institute for Occupational

Safety and Health and shall include, but not be limited to,

measures for identifying and assessing hazards to which persons

engaged in removal, remedy, or other response to hazardous

substances may be exposed, methods to protect workers from such

hazards, and necessary regulatory and enforcement measures to

assure adequate protection of such employees.

(7) Evaluation costs under petition provisions of section

9605(d). - Costs incurred by the President in evaluating

facilities pursuant to petitions under section 9605(d) of this

title (relating to petitions for assessment of release).

(8) Contract costs under section 9604(a)(1). - The costs of

contracts or arrangements entered into under section 9604(a)(1)

of this title to oversee and review the conduct of remedial

investigations and feasibility studies undertaken by persons

other than the President and the costs of appropriate Federal and

State oversight of remedial activities at National Priorities

List sites resulting from consent orders or settlement

agreements.

(9) Acquisition costs under section 9604(j). - The costs

incurred by the President in acquiring real estate or interests

in real estate under section 9604(j) of this title (relating to

acquisition of property).

(10) Research, development, and demonstration costs under

section 9660. - The cost of carrying out section 9660 of this

title (relating to research, development, and demonstration),

except that the amounts available for such purposes shall not

exceed the amounts specified in subsection (n) of this section.

(11) Local government reimbursement. - Reimbursements to local

governments under section 9623 of this title, except that during

the 8-fiscal year period beginning October 1, 1986, not more than

0.1 percent of the total amount appropriated from the Fund may be

used for such reimbursements.

(12) Worker training and education grants. - The costs of

grants under section 9660a of this title for training and

education of workers to the extent that such costs do not exceed

$20,000,000 for each of the fiscal years 1987, 1988, 1989, 1990,

1991, 1992, 1993, and 1994.

(13) Awards under section 9609. - The costs of any awards

granted under section 9609(d) of this title.

(14) Lead poisoning study. - The cost of carrying out the study

under subsection (f) of section 118 of the Superfund Amendments

and Reauthorization Act of 1986 (relating to lead poisoning in

children).

(d) Additional limitations

(1) No money in the Fund may be used under subsection (c)(1) and

(2) of this section, nor for the payment of any claim under

subsection (b) of this section, where the injury, destruction, or

loss of natural resources and the release of a hazardous substance

from which such damages resulted have occurred wholly before

December 11, 1980.

(2) No money in the Fund may be used for the payment of any claim

under subsection (b) of this section where such expenses are

associated with injury or loss resulting from long-term exposure to

ambient concentrations of air pollutants from multiple or diffuse

sources.

(e) Funding requirements respecting moneys in Fund; limitation on

certain claims; Fund use outside Federal property boundaries

(1) Claims against or presented to the Fund shall not be valid or

paid in excess of the total money in the Fund at any one time. Such

claims become valid only when additional money is collected,

appropriated, or otherwise added to the Fund. Should the total

claims outstanding at any time exceed the current balance of the

Fund, the President shall pay such claims, to the extent authorized

under this section, in full in the order in which they were finally

determined.

(2) In any fiscal year, 85 percent of the money credited to the

Fund under subchapter II (!2) of this chapter shall be available

only for the purposes specified in paragraphs (1), (2), and (4) of

subsection (a) of this section. No money in the Fund may be used

for the payment of any claim under subsection (a)(3) or subsection

(b) of this section in any fiscal year for which the President

determines that all of the Fund is needed for response to threats

to public health from releases or threatened releases of hazardous

substances.

(3) No money in the Fund shall be available for remedial action,

other than actions specified in subsection (c) of this section,

with respect to federally owned facilities; except that money in

the Fund shall be available for the provision of alternative water

supplies (including the reimbursement of costs incurred by a

municipality) in any case involving groundwater contamination

outside the boundaries of a federally owned facility in which the

federally owned facility is not the only potentially responsible

party.

(4) Paragraphs (1) and (4) of subsection (a) of this section

shall in the aggregate be subject to such amounts as are provided

in appropriation Acts.

(f) Obligation of moneys by Federal officials; obligation of moneys

or settlement of claims by State officials or Indian tribe

The President is authorized to promulgate regulations designating

one or more Federal officials who may obligate money in the Fund in

accordance with this section or portions thereof. The President is

also authorized to delegate authority to obligate money in the Fund

or to settle claims to officials of a State or Indian tribe

operating under a contract or cooperative agreement with the

Federal Government pursuant to section 9604(d) of this title.

(g) Notice to potential injured parties by owner and operator of

vessel or facility causing release of substance; rules and

regulations

The President shall provide for the promulgation of rules and

regulations with respect to the notice to be provided to potential

injured parties by an owner and operator of any vessel, or facility

from which a hazardous substance has been released. Such rules and

regulations shall consider the scope and form of the notice which

would be appropriate to carry out the purposes of this subchapter.

Upon promulgation of such rules and regulations, the owner and

operator of any vessel or facility from which a hazardous substance

has been released shall provide notice in accordance with such

rules and regulations. With respect to releases from public

vessels, the President shall provide such notification as is

appropriate to potential injured parties. Until the promulgation of

such rules and regulations, the owner and operator of any vessel or

facility from which a hazardous substance has been released shall

provide reasonable notice to potential injured parties by

publication in local newspapers serving the affected area.

(h) Repealed. Pub. L. 99-499, title I, Sec. 111(c)(2), Oct. 17,

1986, 100 Stat. 1643

(i) Restoration, etc., of natural resources

Except in a situation requiring action to avoid an irreversible

loss of natural resources or to prevent or reduce any continuing

danger to natural resources or similar need for emergency action,

funds may not be used under this chapter for the restoration,

rehabilitation, or replacement or acquisition of the equivalent of

any natural resources until a plan for the use of such funds for

such purposes has been developed and adopted by affected Federal

agencies and the Governor or Governors of any State having

sustained damage to natural resources within its borders, belonging

to, managed by or appertaining to such State, and by the governing

body of any Indian tribe having sustained damage to natural

resources belonging to, managed by, controlled by, or appertaining

to such tribe, or held in trust for the benefit of such tribe, or

belonging to a member of such tribe if such resources are subject

to a trust restriction on alienation, after adequate public notice

and opportunity for hearing and consideration of all public

comment.

(j) Use of Post-closure Liability Fund

The President shall use the money in the Post-closure Liability

Fund for any of the purposes specified in subsection (a) of this

section with respect to a hazardous waste disposal facility for

which liability has transferred to such fund under section 9607(k)

of this title, and, in addition, for payment of any claim or

appropriate request for costs of response, damages, or other

compensation for injury or loss under section 9607 of this title or

any other State or Federal law, resulting from a release of a

hazardous substance from such a facility.

(k) Inspector General

In each fiscal year, the Inspector General of each department,

agency, or instrumentality of the United States which is carrying

out any authority of this chapter shall conduct an annual audit of

all payments, obligations, reimbursements, or other uses of the

Fund in the prior fiscal year, to assure that the Fund is being

properly administered and that claims are being appropriately and

expeditiously considered. The audit shall include an examination of

a sample of agreements with States (in accordance with the

provisions of the Single Audit Act [31 U.S.C. 7501 et seq.])

carrying out response actions under this subchapter and an

examination of remedial investigations and feasibility studies

prepared for remedial actions. The Inspector General shall submit

to the Congress an annual report regarding the audit report

required under this subsection. The report shall contain such

recommendations as the Inspector General deems appropriate. Each

department, agency, or instrumentality of the United States shall

cooperate with its inspector general in carrying out this

subsection.

(l) Foreign claimants

To the extent that the provisions of this chapter permit, a

foreign claimant may assert a claim to the same extent that a

United States claimant may assert a claim if -

(1) the release of a hazardous substance occurred (A) in the

navigable waters or (B) in or on the territorial sea or adjacent

shoreline of a foreign country of which the claimant is a

resident;

(2) the claimant is not otherwise compensated for his loss;

(3) the hazardous substance was released from a facility or

from a vessel located adjacent to or within the navigable waters

or was discharged in connection with activities conducted under

the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331

et seq.) or the Deepwater Port Act of 1974, as amended (33 U.S.C.

1501 et seq.); and

(4) recovery is authorized by a treaty or an executive

agreement between the United States and foreign country involved,

or if the Secretary of State, in consultation with the Attorney

General and other appropriate officials, certifies that such

country provides a comparable remedy for United States claimants.

(m) Agency for Toxic Substances and Disease Registry

There shall be directly available to the Agency for Toxic

Substances and Disease Registry to be used for the purpose of

carrying out activities described in subsection (c)(4) of this

section and section 9604(i) of this title not less than $50,000,000

per fiscal year for each of fiscal years 1987 and 1988, not less

than $55,000,000 for fiscal year 1989, and not less than

$60,000,000 per fiscal year for each of fiscal years 1990, 1991,

1992, 1993, and 1994. Any funds so made available which are not

obligated by the end of the fiscal year in which made available

shall be returned to the Fund.

(n) Limitations on research, development, and demonstration program

(1) Section 9660(b)

For each of the fiscal years 1987, 1988, 1989, 1990, 1991,

1992, 1993, and 1994, not more than $20,000,000 of the amounts

available in the Fund may be used for the purposes of carrying

out the applied research, development, and demonstration program

for alternative or innovative technologies and training program

authorized under section 9660(b) of this title (relating to

research, development, and demonstration) other than basic

research. Such amounts shall remain available until expended.

(2) Section 9660(a)

From the amounts available in the Fund, not more than the

following amounts may be used for the purposes of section 9660(a)

of this title (relating to hazardous substance research,

demonstration, and training activities):

(A) For the fiscal year 1987, $3,000,000.

(B) For the fiscal year 1988, $10,000,000.

(D) For the fiscal year 1990, $30,000,000.

(E) For each of the fiscal years 1991, 1992, 1993, and 1994,

$35,000,000.

No more than 10 percent of such amounts shall be used for

training under section 9660(a) of this title in any fiscal year.

(3) Section 9660(d)

For each of the fiscal years 1987, 1988, 1989, 1990, 1991,

1992, 1993, and 1994, not more than $5,000,000 of the amounts

available in the Fund may be used for the purposes of section

9660(d) of this title (relating to university hazardous substance

research centers).

(o) Notification procedures for limitations on certain payments

Not later than 90 days after October 17, 1986, the President

shall develop and implement procedures to adequately notify, as

soon as practicable after a site is included on the National

Priorities List, concerned local and State officials and other

concerned persons of the limitations, set forth in subsection

(a)(2) of this section, on the payment of claims for necessary

response costs incurred with respect to such site.

(p) General revenue share of Superfund

(1) In general

The following sums are authorized to be appropriated, out of

any money in the Treasury not otherwise appropriated, to the

Hazardous Substance Superfund:

(A) For fiscal year 1987, $212,500,000.

(B) For fiscal year 1988, $212,500,000.

(D) For fiscal year 1990, $212,500,000.

(E) For fiscal year 1991, $212,500,000.

(F) For fiscal year 1992, $212,500,000.

(G) For fiscal year 1993, $212,500,000.

(H) For fiscal year 1994, $212,500,000.

In addition there is authorized to be appropriated to the

Hazardous Substance Superfund for each fiscal year an amount

equal to so much of the aggregate amount authorized to be

appropriated under this subsection (and paragraph (2) of section

9631(b) (!3) of this title) as has not been appropriated before

the beginning of the fiscal year involved.

(2) Computation

The amounts authorized to be appropriated under paragraph (1)

of this subsection in a given fiscal year shall be available only

to the extent that such amount exceeds the amount determined by

the Secretary under section 9507(b)(2) of title 26 for the prior

fiscal year.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 111, Dec. 11, 1980, 94 Stat. 2788;

Pub. L. 99-499, title I, Sec. 111, title II, Sec. 207(d), Oct. 17,

1986, 100 Stat. 1642, 1706; Pub. L. 101-144, title III, Nov. 9,

1989, 103 Stat. 857; Pub. L. 101-508, title VI, Sec. 6301, Nov. 5,

1990, 104 Stat. 1388-319.)

-REFTEXT-

REFERENCES IN TEXT

Title II of Public Law 99-160 (relating to payment to the

Hazardous Substances Trust Fund), referred to in subsec. (a), is

title II of Pub. L. 99-160, Nov. 25, 1985, 99 Stat. 914. Provisions

of title II relating to the Hazardous Substance Response Trust Fund

are not classified to the Code. For complete classification of this

Act to the Code, see Tables.

The Intervention on the High Seas Act, referred to in subsec.

(a)(1), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended,

which is classified generally to chapter 28 (Sec. 1471 et seq.) of

Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1471 of Title 33 and Tables.

Section 1321(c) of title 33, referred to in subsec. (a)(2), was

amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug.

18, 1990, 104 Stat. 523, and no longer contains provisions

establishing a National Contingency Plan. However, such provisions

are contained in section 1321(d) of Title 33, Navigation and

Navigable Waters.

Section 304 of this Act, referred to in subsec. (b), is section

304 of Pub. L. 96-510, title III, Dec. 11, 1980, 94 Stat. 2809,

which enacted section 9654 of this title and amended section 1364

of Title 33.

Fishery conservation zone, referred to in subsec. (b), probably

means the fishery conservation zone established by section 1811 of

Title 16, Conservation, which as amended generally by Pub. L.

99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706,

relates to United States sovereign rights and fishery management

authority over fish within the exclusive economic zone as defined

in section 1802 of Title 16.

Subsection (f) of section 118 of the Superfund Amendments and

Reauthorization Act of 1986, referred to in subsec. (c)(14), is

section 118(f) of Pub. L. 99-499, title I, Oct. 17, 1986, 100 Stat.

1657, which is not classified to the Code.

Subchapter II of this chapter, referred to in subsec. (e)(2), was

in the original "title II of this Act", meaning title II of Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous

Substance Response Revenue Act of 1980, which enacted subchapter II

of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682

of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of

Pub. L. 96-510, which were classified to sections 9631 to 9633 and

9641 of this title, comprising subchapter II of this chapter, were

repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct.

17, 1986, 100 Stat. 1767, 1774. For complete classification of

title II to the Code, see Short Title of 1980 Amendment note set

out under section 1 of Title 26 and Tables.

The Single Audit Act, referred to in subsec. (k), probably means

the Single Audit Act of 1984, Pub. L. 98-502, Oct. 19, 1984, 98

Stat. 2327, as amended, which is classified generally to chapter 75

(Sec. 7501 et seq.) of Title 31, Money and Finance. For complete

classification of this Act to the Code, see Short Title note set

out under section 7501 of Title 31 and Tables.

The Outer Continental Shelf Lands Act as amended, referred to in

subsec. (l)(3), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as

amended, which is classified generally to subchapter III (Sec. 1331

et seq.) of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1331 of Title 43 and Tables.

The Deepwater Port Act of 1974, as amended, referred to in

subsec. (l)(3), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as

amended, which is classified generally to chapter 29 (Sec. 1501 et

seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1501 of Title 33 and Tables.

Section 9631(b) of this title, referred to in subsec. (p)(1), was

repealed by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986,

100 Stat. 1774.

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 6301(1), inserted "and

not more than $5,100,000,000 for the period commencing October 1,

1991, and ending September 30, 1994," after "October 17, 1986," in

introductory provisions.

Subsec. (c)(11). Pub. L. 101-508, Sec. 6301(2), substituted

"8-fiscal year period" for "5-fiscal-year period".

Subsec. (c)(12). Pub. L. 101-508, Sec. 6301(3), substituted

"1991, 1992, 1993, and 1994" for "and 1991".

Subsec. (m). Pub. L. 101-508, Sec. 6301(4), substituted "1990,

1991, 1992, 1993, and 1994" for "1990 and 1991".

Subsec. (n)(1). Pub. L. 101-508, Sec. 6301(5), substituted "1991,

1992, 1993, and 1994" for "and 1991".

Subsec. (n)(2)(E). Pub. L. 101-508, Sec. 6301(6), added subpar.

(E) and struck out former subpar. (E) which read as follows: "For

the fiscal year 1991, $35,000,000."

Subsec. (n)(3). Pub. L. 101-508, Sec. 6301(7), substituted "1991,

1992, 1993, and 1994" for "and 1991".

Subsec. (p)(1)(F) to (H). Pub. L. 101-508, Sec. 6301(8), added

subpars. (F) to (H).

1989 - Subsec. (c)(12). Pub. L. 101-144, which directed that

section 9611(c)(12) of the Superfund Amendments and Reauthorization

Act of 1986 be amended by substituting "$20,000,000" for

"$10,000,000", was executed by making the substitution in subsec.

(c)(12) of this section, as the probable intent of Congress because

the Superfund Amendments and Reauthorization Act of 1986, Pub. L.

99-499, does not contain a section 9611, but section 111(d)(2) of

Pub. L. 99-499 enacted subsec. (c)(12) of this section.

1986 - Subsec. (a). Pub. L. 99-499, Sec. 111(a), (b), inserted

heading and "For the purposes specified in this section there is

authorized to be appropriated from the Hazardous Substance

Superfund established under subchapter A of chapter 98 of title 26

not more than $8,500,000,000 for the 5-year period beginning on

October 17, 1986, and such sums shall remain available until

expended. The preceding sentence constitutes a specific

authorization for the funds appropriated under title II of Public

Law 99-160 (relating to payment to the Hazardous Substances Trust

Fund)." in introductory provisions, substituted "Payment" for

"payment" in pars. (1) to (4), a period for a semicolon in pars.

(1) and (2), and a period for "; and" in par. (3), and added pars.

(5) and (6).

Subsec. (b). Pub. L. 99-499, Secs. 111(c)(1), 207(d)(1),

designated existing provisions as par. (1), inserted ", or by any

Indian tribe or by the United States acting on behalf of any Indian

tribe for natural resources belonging to, managed by, controlled

by, or appertaining to such tribe, or held in trust for the benefit

of such tribe, or belonging to a member of such tribe if such

resources are subject to a trust restriction on alienation" in par.

(1), and added par. (2).

Subsec. (c). Pub. L. 99-499, Secs. 111(d), 207(d)(2), in par.

(1), substituted "The" for "the" and substituted a period for the

semicolon at end, in par. (2), substituted "The" for "the",

inserted "or Indian tribe" and substituted a period for the

semicolon at end, in par. (3), substituted "Subject" for "subject"

and substituted a period for the semicolon at end, in par. (4),

substituted "Any costs incurred in accordance with subsection (m)

of this section (relating to ATSDR) and section 9604(i) of this

title, including the costs of epidemiologic and laboratory studies,

health assessments, preparation of toxicologic profiles" for "the

costs of epidemiologic studies" and substituted a period for the

semicolon at end, in par. (5), substituted a period for "; and", in

pars. (5) and (6), substituted "Subject" for "subject", and added

pars. (7) to (14).

Subsec. (e)(2). Pub. L. 99-499, Sec. 111(e), inserted at end "No

money in the Fund may be used for the payment of any claim under

subsection (a)(3) or subsection (b) of this section in any fiscal

year for which the President determines that all of the Fund is

needed for response to threats to public health from releases or

threatened releases of hazardous substances."

Subsec. (e)(3). Pub. L. 99-499, Sec. 111(f), inserted before the

period at end "; except that money in the Fund shall be available

for the provision of alternative water supplies (including the

reimbursement of costs incurred by a municipality) in any case

involving groundwater contamination outside the boundaries of a

federally owned facility in which the federally owned facility is

not the only potentially responsible party".

Subsec. (f). Pub. L. 99-499, Sec. 207(d)(3), inserted "or Indian

tribe".

Subsec. (h). Pub. L. 99-499, Sec. 111(c)(2), struck out subsec.

(h) which read as follows:

"(1) In accordance with regulations promulgated under section

9651(c) of this title, damages for injury to, destruction of, or

loss of natural resources resulting from a release of a hazardous

substance, for the purposes of this chapter and section 1321(f)(4)

and (5) of title 33, shall be assessed by Federal officials

designated by the President under the national contingency plan

published under section 9605 of this title, and such officials

shall act for the President as trustee under this section and

section 1321(f)(5) of title 33.

"(2) Any determination or assessment of damages for injury to,

destruction of, or loss of natural resources for the purposes of

this chapter and section 1321(f)(4) and (5) of title 33 shall have

the force and effect of a rebuttable presumption on behalf of any

claimant (including a trustee under section 9607 of this title or a

Federal agency) in any judicial or adjudicatory administrative

proceeding under this chapter or section 1321 of title 33."

Subsec. (i). Pub. L. 99-499, Sec. 207(d)(4), inserted "and by the

governing body of any Indian tribe having sustained damage to

natural resources belonging to, managed by, controlled by, or

appertaining to such tribe, or held in trust for the benefit of

such tribe, or belonging to a member of such tribe if such

resources are subject to a trust restriction on alienation," after

"State,".

Subsec. (k). Pub. L. 99-499, Sec. 111(g), amended subsec. (k)

generally. Prior to amendment, subsec. (k) read as follows: "The

Inspector General of each department or agency to which

responsibility to obligate money in the Fund is delegated shall

provide an audit review team to audit all payments, obligations,

reimbursements, or other uses of the Fund, to assure that the Fund

is being properly administered and that claims are being

appropriately and expeditiously considered. Each such Inspector

General shall submit to the Congress an interim report one year

after the establishment of the Fund and a final report two years

after the establishment of the Fund. Each such Inspector General

shall thereafter provide such auditing of the Fund as is

appropriate. Each Federal agency shall cooperate with the Inspector

General in carrying out this subsection."

Subsecs. (m) to (p). Pub. L. 99-499, Sec. 111(h), (i), added

subsecs. (m) to (p).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(k) of this section relating to the requirement that the Inspector

General submit an annual report to Congress on the audit report

required under subsec. (k), see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 7th item on page 151 of House Document No.

103-7.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6924, 6991b, 6991c, 9601,

9604, 9607, 9608, 9609, 9612, 9619, 9661 of this title; title 26

section 9507.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

(!3) See References in Text note below.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

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