42 USC Ch. 103: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 103-COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
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CHAPTER 103-COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
SUBCHAPTER I-HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
Sec.
9601.
Definitions.
9602.
Designation of additional hazardous substances and establishment of reportable released quantities; regulations.
9603.
Notification requirements respecting released substances.
(a)
Notice to National Response Center upon release from vessel or offshore or onshore facility by person in charge; conveyance of notice by Center.
(b)
Penalties for failure to notify; use of notice or information pursuant to notice in criminal case.
(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.
9627.
Recycling transactions.
(a)
Liability clarification.
(b)
Recyclable material defined.
(c)
Transactions involving scrap paper, plastic, glass, textiles, or rubber.
(d)
Transactions involving scrap metal.
(e)
Transactions involving batteries.
(f)
Exclusions.
(g)
Effect on other liability.
(h)
Regulations.
(i)
Effect on pending or concluded actions.
(j)
Liability for attorney's fees for certain actions.
(k)
Relationship to liability under other laws.
(l)
Limitation on statutory construction.
SUBCHAPTER II-HAZARDOUS SUBSTANCE RESPONSE REVENUE
Part A-Hazardous Substance Response Trust Fund
9631 to 9633. Repealed.
Part B-Post-closure Liability Trust Fund
9641.
Repealed.
SUBCHAPTER III-MISCELLANEOUS PROVISIONS
9651.
Reports and studies.
(a)
Implementation experiences; identification and disposal of waste.
(b)
Private insurance protection.
(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.
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.
Chapter Referred to in Other Sections
This chapter is referred to in sections 300h–6, 300h–7, 6972, 11004 of this title; title 10 sections 2701, 2703, 2810; title 16 sections 410yy–3, 426n, 460lll, 460lll–46, 545b; title 26 sections 9507, 9508; title 30 section 1240a; title 33 sections 1272, 1321, 2701; title 43 sections 869–2, 1474b–1.