§ 9607. — Liability.
Code Resources
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
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: 42USC9607]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY
SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
Sec. 9607. Liability
(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;
(C) damages for injury to, destruction of, or loss of
natural 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.
(c) Determination of amounts
(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;
(C) for any motor vehicle, aircraft, hazardous liquid pipeline
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.
(C) Rebuttable presumption
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--
---------------------------------------------------------------------------
\1\See References in Text note below.
---------------------------------------------------------------------------
(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.
(C) In the event any privately placed insurance plan qualifies 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.
(C) Assessments.--The study under this paragraph shall include
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;
---------------------------------------------------------------------------
\2\ See References in Text note below.
---------------------------------------------------------------------------
(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;
(C) terminating the fiduciary relationship;
(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; or
(C) an organization described in section 501(c)(3) of title
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
(C) the person has impeded or is impeding, through action 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.
(C) Exclusions
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.
(C) Bona fide prospective purchaser
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;
(C) shall be subject to the requirements of subsection
(l)(3) 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.
(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.)
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.
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.
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.