United States Code- 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 1342 of
title 33, (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 1342 of title 33 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 1342
of title 33, 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
1344 of title 33, (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 1317 (b) or (c) of title 33 and enforceable requirements
in a pretreatment program submitted by a State or municipality
for Federal approval under section 1342 of title 33, and (K) any
release of source, special nuclear, or byproduct material, as
those terms are defined in the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), in compliance with a legally enforceable
license, permit, regulation, or order issued pursuant to the
Atomic Energy Act of 1954.
- (11)
The term ''Fund'' or ''Trust Fund'' means the Hazardous
Substance Superfund established by section 9507 of title 26.
- (12)
The term ''ground water'' means water in a saturated zone
or stratum beneath the surface of land or water.
- (13)
The term ''guarantor'' means any person, other than the
owner or operator, who provides evidence of financial
responsibility for an owner or operator under this chapter.
- (14)
The term ''hazardous substance'' means (A) any substance
designated pursuant to section 1321(b)(2)(A) of title 33, (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 1317(a) of title 33, (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 2606 of title 15. 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.
- (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.).
[3] So in original. Probably should be ''mean''.
- (24)
The terms ''remedy'' or ''remedial action'' means
[3] those actions consistent with permanent remedy taken
instead of or in addition to removal actions in the event of a
release or threatened release of a hazardous substance into the
environment, to prevent or minimize the release of hazardous
substances so that they do not migrate to cause substantial
danger to present or future public health or welfare or the
environment. The term includes, but is not limited to, such
actions at the location of the release as storage, confinement,
perimeter protection using dikes, trenches, or ditches, clay
cover, neutralization, cleanup of released hazardous substances
and associated contaminated materials, recycling or reuse,
diversion, destruction, segregation of reactive wastes, dredging
or excavations, repair or replacement of leaking containers,
collection of leachate and runoff, onsite treatment or
incineration, provision of alternative water supplies, and any
monitoring reasonably required to assure that such actions
protect the public health and welfare and the environment. The
term includes the costs of permanent relocation of residents and
businesses and community facilities where the President
determines that, alone or in combination with other measures,
such relocation is more cost-effective than and environmentally
preferable to the transportation, storage, treatment,
destruction, or secure disposition offsite of hazardous
substances, or may otherwise be necessary to protect the public
health or welfare; the term includes offsite transport and
offsite storage, treatment, destruction, or secure disposition of
hazardous substances and associated contaminated materials.
- (25)
The terms ''respond'' or ''response'' means [3]
remove, removal, remedy, and remedial action;, [4] all
such terms (including the terms ''removal'' and ''remedial
action'') include enforcement activities related thereto.
- (26)
The terms ''transport'' or ''transportation'' means
[3] the movement of a hazardous substance by any mode,
including a hazardous liquid pipeline facility (as defined in
section 60101(a) of title 49), and in the case of a hazardous
substance which has been accepted for transportation by a common
or contract carrier, the term ''transport'' or ''transportation''
shall include any stoppage in transit which is temporary,
incidental to the transportation movement, and at the ordinary
operating convenience of a common or contract carrier, and any
such stoppage shall be considered as a continuity of movement and
not as the storage of a hazardous substance.
- (27)
The terms ''United States'' and ''State'' include the
several States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern Marianas,
and any other territory or possession over which the United
States has jurisdiction.
- (28)
The term ''vessel'' means every description of watercraft
or other artificial contrivance used, or capable of being used,
as a means of transportation on water.
- (29)
The terms ''disposal'', ''hazardous waste'', and
''treatment'' shall have the meaning provided in section 1004 of
the Solid Waste Disposal Act (42 U.S.C. 6903).
- (30)
The terms ''territorial sea'' and ''contiguous zone''
shall have the meaning provided in section 1362 of title 33.
- (31)
The term ''national contingency plan'' means the national
contingency plan published under section 1321(c) [5] of
title 33 or revised pursuant to section 9605 of this title.
- (32)
The terms ''liable'' or ''liability'' under this
subchapter shall be construed to be the standard of liability
which obtains under section 1321 of title 33.
- (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 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 he has satisfied the requirements of section
9607(b)(3)(a) and (b) of this title.
- (B)
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.
- (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.
Footnotes
[1] So in original. Probably should be ''or''.
[2] So in original. Probably should be followed by a
closing parenthesis.
[4] So in original.
[5] See References in Text note below.
[Notes]
