§ 9601. — Definitions.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC9601]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY
SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
Sec. 9601. Definitions
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, (C) continuous or anticipated
intermittent discharges from a 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.
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\1\ So in original. Probably should be ``or''.
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(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.
(C) In the case of a hazardous substance which has been
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.
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\2\ So in original. Probably should be followed by a closing
parenthesis.
(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.].
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\3\ So in original. Probably should be ``mean''.
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(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.
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\4\ So in original.
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(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.
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\5\ See References in Text note below.
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(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.
(C) Nothing in this paragraph or in section 9607(b)(3) of this
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.
(C) The President shall promulgate regulations regarding the
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.
(C) Site-by-site determinations.--Notwithstanding
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)); or
(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.
(C) Notices.--The person provides all legally required
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.
(C) Exclusions.--The term ``eligible response site'' does
not 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.
(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.)
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.
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'.''
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.
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.
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.''
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.