- United States Code
- TITLE 42 - THE PUBLIC HEALTH AND WELFARE
- CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION
- § 9601. Definitions.
- § 9602. Designation of additional hazardous substances and
establishment of reportable released quantities; regulations.
- § 9603. Notification requirements respecting released substances.
- (a) Notice to National Response Center upon release
from vessel or offshore or onshore facility by
person in charge; conveyance of notice by
Center.
- (b) Penalties for failure to notify; use of notice or
information pursuant to notice in criminal
case.
- (c) Notice to Administrator of EPA of existence of
storage, etc., facility by owner or operator;
exception; time, manner, and form of notice;
penalties for failure to notify; use of notice
or information pursuant to notice in criminal
case.
- (d) Recordkeeping requirements; promulgation of rules
and regulations by Administrator of EPA;
penalties for violations; waiver of retention
requirements.
- (e) Applicability to registered pesticide product.
- (f) Exemptions from notice and penalty provisions for
substances reported under other Federal law or
is in continuous release, etc.
- § 9604. Response authorities.
- (a) Removal and other remedial action by President;
applicability of national contingency plan;
response by potentially responsible parties;
public health threats; limitations on response;
exception.
- (b) Investigations, monitoring, coordination, etc.,
by President.
- (c) Criteria for continuance of obligations from Fund
over specified amount for response actions;
consultation by President with affected States;
contracts or cooperative agreements by States
with President prior to remedial actions;
cost-sharing agreements; selection by President
of remedial actions; State credits: granting of
credit, expenses before listing or agreement,
response actions between 1978 and 1980, State
expenses after December 11, 1980, in excess of
10 percent of costs, item-by-item approval, use
of credits; operation and maintenance;
limitation on source of funds for O&M;
recontracting; siting.
- (d) Contracts or cooperative agreements by President
with States or political subdivisions or Indian
tribes; State applications, terms and
conditions; reimbursements; cost-sharing
provisions; enforcement requirements and
procedures.
- (e) Information gathering and access.
- (f) Contracts for response actions; compliance with
Federal health and safety standards.
- (g) Rates for wages and labor standards applicable to
covered work.
- (h) Emergency procurement powers; exercise by
President.
- (i) Agency for Toxic Substances and Disease Registry;
establishment, functions, etc.
- (j) Acquisition of property.
- § 9605. National contingency plan.
- (a) Revision and republication.
- (b) Revision of plan.
- (c) Hazard ranking system.
- (d) Petition for assessment of release.
- (e) Releases from earlier sites.
- (f) Minority contractors.
- (g) Special study wastes.
- § 9606. Abatement actions.
- (a) Maintenance, jurisdiction, etc.
- (b) Fines; reimbursement.
- (c) Guidelines for using imminent hazard,
enforcement, and emergency response
authorities; promulgation by Administrator of
EPA, scope, etc.
- § 9607. Liability.
- (a) Covered persons; scope; recoverable costs and
damages; interest rate; ''comparable maturity''
date.
- (b) Defenses.
- (c) Determination of amounts.
- (d) Rendering care or advice.
- (e) Indemnification, hold harmless, etc., agreements
or conveyances; subrogation rights.
- (f) Natural resources liability; designation of
public trustees of natural resources.
- (g) Federal agencies.
- (h) Owner or operator of vessel.
- (i) Application of a registered pesticide product.
- (j) Obligations or liability pursuant to federally
permitted release.
- (k) Transfer to, and assumption by, Post-Closure
Liability Fund of liability of owner or
operator of hazardous waste disposal facility
in receipt of permit under applicable solid
waste disposal law; time, criteria applicable,
procedures, etc.; monitoring costs; reports.
- (l) Federal lien.
- (m) Maritime lien.
- (n) Liability of fiduciaries.
- § 9608. Financial responsibility.
- (a) Establishment and maintenance by owner or
operator of vessel; amount; failure to obtain
certification of compliance.
- (b) Establishment and maintenance by owner or
operator of production, etc., facilities;
amount; adjustment; consolidated form of
responsibility; coverage of motor carriers.
- (c) Direct Action.
- (d) Limitation of guarantor liability.
- § 9609. Civil penalties and awards.
- (a) Class I administrative penalty.
- (b) Class II administrative penalty.
- (c) Judicial assessment.
- (d) Awards.
- (e) Procurement procedures.
- (f) Savings clause.
- § 9610. Employee protection.
- (a) Activities of employee subject to protection.
- (b) Administrative grievance procedure in cases of
alleged violations.
- (c) Assessment of costs and expenses against violator
subsequent to issuance of order of abatement.
- (d) Defenses.
- (e) Presidential evaluations of potential loss of
shifts of employment resulting from
administration or enforcement of provisions;
investigations; procedures applicable, etc.
- § 9611. Uses of Fund.
- (a) In general.
- (b) Additional authorized purposes.
- (c) Peripheral matters and limitations.
- (d) Additional limitations.
- (e) Funding requirements respecting moneys in Fund;
limitation on certain claims; Fund use outside
Federal property boundaries.
- (f) Obligation of moneys by Federal officials;
obligation of moneys or settlement of claims by
State officials or Indian tribe.
- (g) Notice to potential injured parties by owner and
operator of vessel or facility causing release
of substance; rules and regulations.
- (h) Repealed.
- (i) Restoration, etc., of natural resources.
- (j) Use of Post-closure Liability Fund.
- (k) Inspector General.
- (l) Foreign claimants.
- (m) Agency for Toxic Substances and Disease Registry.
- (n) Limitations on research, development, and
demonstration program.
- (o) Notification procedures for limitations on
certain payments.
- (p) General revenue share of Superfund.
- § 9612. Claims procedure.
- (a) Claims against Fund for response costs.
- (b) Forms and procedures applicable.
- (c) Subrogation rights; actions maintainable.
- (d) Statute of limitations.
- (e) Other statutory or common law claims not waived,
etc.
- (f) Double recovery prohibited.
- § 9613. Civil proceedings.
- (a) Review of regulations in Circuit Court of Appeals
of the United States for the District of
Columbia.
- (b) Jurisdiction; venue.
- (c) Controversies or other matters resulting from tax
collection or tax regulation review.
- (d) Litigation commenced prior to December 11, 1980.
- (e) Nationwide service of process.
- (f) Contribution.
- (g) Period in which action may be brought.
- (h) Timing of review.
- (i) Intervention.
- (j) Judicial review.
- (k) Administrative record and participation
procedures.
- (l) Notice of actions.
- § 9614. Relationship to other law.
- (a) Additional State liability or requirements with
respect to release of substances within State.
- (b) Recovery under other State or Federal law of
compensation for removal costs or damages, or
payment of claims.
- (c) Recycled oil.
- (d) Financial responsibility of owner or operator of
vessel or facility under State or local law,
rule, or regulation.
- § 9615. Presidential delegation and assignment of duties or powers
and promulgation of regulations.
- § 9616. Schedules.
- (a) Assessment and listing of facilities.
- (b) Evaluation.
- (c) Explanations.
- (d) Commencement of RI/FS.
- (e) Commencement of remedial action.
- § 9617. Public participation.
- (a) Proposed plan.
- (b) Final plan.
- (c) Explanation of differences.
- (d) Publication.
- (e) Grants for technical assistance.
- § 9618. High priority for drinking water supplies.
- § 9619. Response action contractors.
- (a) Liability of response action contractors.
- (b) Savings provisions.
- (c) Indemnification.
- (d) Exception.
- (e) Definitions.
- (f) Competition.
- (g) Surety bonds.
- § 9620. Federal facilities.
- (a) Application of chapter to Federal Government.
- (b) Notice.
- (c) Federal Agency Hazardous Waste Compliance Docket.
- (d) Assessment and evaluation.
- (e) Required action by department.
- (f) State and local participation.
- (g) Transfer of authorities.
- (h) Property transferred by Federal agencies.
- (i) Obligations under Solid Waste Disposal Act.
- (j) National security.
- § 9621. Cleanup standards.
- (a) Selection of remedial action.
- (b) General rules.
- (c) Review.
- (d) Degree of cleanup.
- (e) Permits and enforcement.
- (f) State involvement.
- § 9622. Settlements.
- (a) Authority to enter into agreements.
- (b) Agreements with potentially responsible parties.
- (c) Effect of agreement.
- (d) Enforcement.
- (e) Special notice procedures.
- (f) Covenant not to sue.
- (g) De minimis settlements.
- (h) Cost recovery settlement authority.
- (i) Settlement procedures.
- (j) Natural resources.
- (k) Section not applicable to vessels.
- (l) Civil penalties.
- (m) Applicability of general principles of law.
- § 9623. Reimbursement to local governments.
- (a) Application.
- (b) Reimbursement.
- (c) Amount.
- (d) Procedure.
- § 9624. Methane recovery.
- (a) In general.
- (b) Exceptions.
- § 9625. Section 6921(b)(3)(A)(i) waste.
- (a) Revision of hazard ranking system.
- (b) Inclusion prohibited.
- § 9626. Indian tribes.
- (a) Treatment generally.
- (b) Community relocation.
- (c) Study.
- (d) Limitation.
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE
PART A - HAZARDOUS SUBSTANCE RESPONSE TRUST FUND
PART B - POST-CLOSURE LIABILITY TRUST FUND
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
- § 9651. Reports and studies.
- (a) Implementation experiences; identification and
disposal of waste.
- (b) Private insurance protection.
- (c) Regulations respecting assessment of damages to
natural resources.
- (d) Issues, alternatives, and policy considerations
involving selection of locations for waste
treatment, storage, and disposal facilities.
- (e) Adequacy of existing common law and statutory
remedies.
- (f) Modification of national contingency plan.
- (g) Insurability study.
- (h) Report and oversight requirements.
- § 9652. Effective dates; savings provisions.
- § 9653. Repealed.
- § 9654. Applicability of Federal water pollution control funding,
etc., provisions.
- § 9655. Legislative veto of rule or regulation.
- (a) Transmission to Congress upon promulgation or
repromulgation of rule or regulation;
disapproval procedures.
- (b) Approval; effective dates.
- (c) Sessions of Congress as applicable.
- (d) Congressional inaction on, or rejection of,
resolution of disapproval.
- § 9656. Transportation of hazardous substances; listing as hazardous
material; liability for release.
- § 9657. Separability; contribution.
- § 9658. Actions under State law for damages from exposure to
hazardous substances.
- (a) State statutes of limitations for hazardous
substance cases.
- (b) Definitions.
- § 9659. Citizens suits.
- (a) Authority to bring civil actions.
- (b) Venue.
- (c) Relief.
- (d) Rules applicable to subsection (a)(1) actions.
- (e) Rules applicable to subsection (a)(2) actions.
- (f) Costs.
- (g) Intervention.
- (h) Other rights.
- (i) Definitions.
- § 9660. Research, development, and demonstration.
- (a) Hazardous substance research and training.
- (b) Alternative or innovative treatment technology
research and demonstration program.
- (c) Hazardous substance research.
- (d) University hazardous substance research centers.
- (e) Report to Congress.
- (f) Saving provision.
- (g) Small business participation.
- § 9660a. Grant program.
- § 9661. Love Canal property acquisition.
- (a) Acquisition of property in emergency declaration
area.
- (b) Procedures for acquisition.
- (c) State ownership.
- (d) Maintenance of property.
- (e) Habitability and land use study.
- (f) Funding.
- (g) Response.
- (h) Definitions.
- § 9662. Limitation on contract and borrowing authority.
SUBCHAPTER IV - POLLUTION INSURANCE
- § 9671. Definitions.
- § 9672. State laws; scope of subchapter.
- (a) State laws.
- (b) Scope of subchapter.
- § 9673. Risk retention groups.
- (a) Exemption.
- (b) Exceptions.
- (c) Application of exemptions.
- (d) Agents or brokers.
- § 9674. Purchasing groups.
- (a) Exemption.
- (b) Application of exemptions.
- (c) Agents or brokers.
- § 9675. Applicability of securities laws.
- (a) Ownership interests.
- (b) Investment Company Act.
- (c) Blue sky law.
[ Notes]
