Comprehensive Environmental Resource, Compensation, and Liability Act of 1980

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC9601]

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY

SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION

Sec. 9601. Definitions

For purpose of this subchapter--
(1) The term ``act of God'' means an unanticipated grave natural
disaster or other natural phenomenon of an exceptional, inevitable,
and irresistible character, the effects of which could not have been
prevented or avoided by the exercise of due care or foresight.
(2) The term ``Administrator'' means the Administrator of the
United States Environmental Protection Agency.
(3) The term ``barrel'' means forty-two United States gallons at
sixty degrees Fahrenheit.
(4) The term ``claim'' means a demand in writing for a sum
certain.
(5) The term ``claimant'' means any person who presents a claim
for compensation under this chapter.
(6) The term ``damages'' means damages for injury or loss of
natural resources as set forth in section 9607(a) or 9611(b) of this
title.
(7) The term ``drinking water supply'' means any raw or finished
water source that is or may be used by a public water system (as
defined in the Safe Drinking Water Act [42 U.S.C. 300f et seq.]) or
as drinking water by one or more individuals.
(8) The term ``environment'' means (A) the navigable waters, the
waters of the contiguous zone, and the ocean waters of which the
natural resources are under the exclusive management authority of
the United States under the Magnuson 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.
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\1\ So in original. Probably should be ``or''.
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(11) The term ``Fund'' or ``Trust Fund'' means the Hazardous
Substance Superfund established by section 9507 of title 26.
(12) The term ``ground water'' means water in a saturated zone
or stratum beneath the surface of land or water.
(13) The term ``guarantor'' means any person, other than the
owner or operator, who provides evidence of financial responsibility
for an owner or operator under this chapter.
(14) The term ``hazardous substance'' means (A) any substance
designated pursuant to section 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 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.
(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 \2\ the cleanup
or removal of released hazardous substances from the environment,
such actions as may be necessary taken in the event of the threat of
release of hazardous substances into the environment, such actions
as may be necessary to monitor, assess, and evaluate the release or
threat of release of hazardous substances, the disposal of removed
material, or the taking of such other actions as may be necessary to
prevent, minimize, or mitigate damage to the public health or
welfare or to the environment, which may otherwise result from a
release or threat of release. The term includes, in addition,
without being limited to, security fencing or other measures to
limit access, provision of alternative water supplies, temporary
evacuation and housing of threatened individuals not otherwise
provided for, action taken under section 9604(b) of this title, and
any emergency assistance which may be provided under the Disaster
Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.].
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\2\ So in original. Probably should be ``mean''.
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(24) The terms ``remedy'' or ``remedial action'' means \2\ 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 \2\ remove,
removal, remedy, and remedial action;,\3\ all such terms (including
the terms ``removal'' and ``remedial action'') include enforcement
activities related thereto.
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\3\ So in original.
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(26) The terms ``transport'' or ``transportation'' means \2\ the
movement of a hazardous substance by any mode, including a hazardous
liquid pipeline facility (as defined in section 60101(a)(5) 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) \4\ of title 33 or
revised pursuant to section 9605 of this title.
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(32) The terms ``liable'' or ``liability'' under this subchapter
shall be construed to be the standard of liability which obtains
under section 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.

(Pub. L. 96-510, title I, Sec. 101, Dec. 11, 1980, 94 Stat. 2767; Pub.
L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L.
99-499, title I, Secs. 101, 114(b), 127(a), title V, Sec. 517(c)(2),
Oct. 17, 1986, 100 Stat. 1615, 1652, 1692, 1774; Pub. L. 100-707, title
I, Sec. 109(v), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 103-429,
Sec. 7(e)(1), Oct. 31, 1994, 108 Stat. 4390.)

References in Text

This chapter, referred to in pars. (5), (13), (20)(D), and (35)(C),
(D), was in the original ``this Act'', meaning Pub. L. 96-510, Dec. 11,
1980, 94 Stat. 2767, as amended, known as the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980. For
complete classification of this Act to the Code, see Short Title note
below and Tables.
The Safe Drinking Water Act, referred to in pars. (7) and (10), is
Pub. L. 93-523, Dec. 16, 1974, 88 Stat. 1660, as amended, which is
classified principally to subchapter XII (Sec. 300f et seq.) of chapter
6A of this title. Part C of the Safe Drinking Water Act is classified
generally to part C (Sec. 300h et seq.) of subchapter XII of chapter 6A
of this title. For complete classification of this Act to the Code, see
Short Title of 1974 Amendments note set out under section 201 of this
title and Tables.
The Magnuson Fishery Conservation and Management Act, referred to in
pars. (8) and (16), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as
amended, which is classified principally to chapter 38 (Sec. 1801 et
seq.) of Title 16, Conservation. The fishery conservation zone
established by this Act, referred to in par. (16), was established by
section 101 of this Act (16 U.S.C. 1811), which as amended generally by
Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706,
relates to United States sovereign rights and fishery management
authority over fish within the exclusive economic zone as defined in
section 1802 of Title 16. For complete classification of this Act to the
Code, see Short Title note set out under section 1801 of Title 16 and
Tables.
The Clean Air Act, referred to in par. (10), is act July 14, 1955,
ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77 Stat.
392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. The Clean
Air Act was originally classified to chapter 15B (Sec. 1857 et seq.) of
this title. On enactment of Pub. L. 95-95, the Act was reclassified to
chapter 85 (Sec. 7401 et seq.) of this title. Parts C and D of title I
of the Clean Air Act are classified generally to parts C (Sec. 7470 et
seq.) and D (Sec. 7501 et seq.), respectively, of subchapter I of
chapter 85 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of this title and
Tables.
The Atomic Energy Act of 1954, referred to in pars. (10) and (22),
is act Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is
classified generally to chapter 23 (Sec. 2011 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2011 of this title and Tables.
The Solid Waste Disposal Act, referred to in par. (14), is title II
of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by
Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
The Disaster Relief and Emergency Assistance Act, referred to in
par. (23), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended,
known as the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, which is classified principally to chapter 68 (Sec. 5121 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 5121 of this title and Tables.
Section 1321(c) of title 33, referred to in par. (31), was amended
generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug. 18, 1990, 104
Stat. 523, and no longer contains provisions directing the publishing of
a National Contingency Plan. However, such provisions are contained in
section 1321(d) of Title 33, Navigation and Navigable Waters.

Codification

In par. (26), ``section 60101(a)(5) of title 49'' substituted for
``the Pipeline Safety Act'', probably meaning ``the Hazardous Liquid
Pipeline Safety Act of 1979'', on authority of Pub. L. 103-272,
Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which
enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1994--Par. (26). Pub. L. 103-429 substituted ``a hazardous liquid
pipeline facility'' for ``pipeline''.
1988--Par. (23). Pub. L. 100-707 substituted ``Disaster Relief and
Emergency Assistance Act'' for ``Disaster Relief Act of 1974''.
1986--Pub. L. 99-499, Sec. 101(f), struck out ``, the term'' after
``subchapter'' in introductory text.
Pars. (1) to (10). Pub. L. 99-499, Sec. 101(f), inserted ``The
term'' and substituted a period for the semicolon at end.
Par. (11). Pub. L. 99-499, Sec. 517(c)(2), amended par. (11)
generally. Prior to amendment, par. (11) read as follows: ``The term
`Fund' or `Trust Fund' means the Hazardous Substance Response Fund
established by section 9631 of this title or, in the case of a hazardous
waste disposal facility for which liability has been transferred under
section 9607(k) of this title, the Post-closure Liability Fund
established by section 9641 of this title.''
Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and substituted a
period for the semicolon at end.
Pars. (12) to (15). Pub. L. 99-499, Sec. 101(f), inserted ``The
term'' and substituted a period for the semicolon at end.
Par. (16). Pub. L. 99-499, Sec. 101(a), (f), inserted ``The term'',
struck out ``or'' after ``local government,'' inserted ``, any Indian
tribe, or, if such resources are subject to a trust restriction on
alienation, any member of an Indian tribe'', and substituted a period
for the semicolon at end.
Pars. (17) to (19). Pub. L. 99-499, Sec. 101(f), inserted ``The
term'' and substituted a period for the semicolon at end.
Par. (20)(A). Pub. L. 99-499, Sec. 101(f), inserted ``The term''.
Pub. L. 99-499, Sec. 101(b)(2), amended cl. (iii) generally. Prior
to amendment, cl. (iii) read as follows: ``in the case of any abandoned
facility, any person who owned, operated, or otherwise controlled
activities at such facility immediately prior to such abandonment.''
Pub. L. 99-499, Sec. 101(b)(3), in provisions following subcl.
(iii), substituted a period for the semicolon at end.
Par. (20)(B), (C). Pub. L. 99-499, Sec. 101(b)(3), substituted ``In
the case'' for ``in the case'' and a period for the semicolon at end.
Par. (20)(D). Pub. L. 99-499, Sec. 101(b)(1), (f), added subpar.
(D). The part of Sec. 101(f) of Pub. L. 99-499 which directed the
amendment of par. (20) by changing the semicolon at end to a period
could not be executed in view of the prior amendment of par. (20) by
Sec. 101(b)(1) of Pub. L. 99-499 which added subpar. (D) ending in a
period.
Par. (21). Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and
substituted a period for the semicolon at end.
Par. (22). Pub. L. 99-499, Sec. 101(c), (f), inserted ``The term''
and ``(including the abandonment or discarding of barrels, containers,
and other closed receptacles containing any hazardous substance or
pollutant or contaminant)'', substituted a period for the semicolon at
end.
Par. (23). Pub. L. 99-499, Sec. 101(f), inserted ``The terms'' and
substituted a period for the semicolon at end.
Par. (24). Pub. L. 99-499, Sec. 101(d), (f), inserted ``The terms''
and substituted ``and associated contaminated materials'' for ``or
contaminated materials'' and ``welfare; the term includes offsite
transport and offsite storage, treatment, destruction, or secure
disposition of hazardous substances and associated contaminated
materials.'' for ``welfare. The term does not include offsite transport
of hazardous substances, or the storage, treatment, destruction, or
secure disposition offsite of such hazardous substances or contaminated
materials unless the President determines that such actions (A) are more
cost-effective than other remedial actions, (B) will create new capacity
to manage, in compliance with subtitle C of the Solid Waste Disposal Act
[42 U.S.C. 6921 et seq.], hazardous substances in addition to those
located at the affected facility, or (C) are necessary to protect public
health or welfare or the environment from a present or potential risk
which may be created by further exposure to the continued presence of
such substances or materials;''. The part of Sec. 101(f) of Pub. L. 99-
499 which directed amendment of par. (24) by changing the semicolon at
end to a period could not be executed in view of prior amendment of par.
(24) by Sec. 101(d) of Pub. L. 99-499 which substituted language at end
of par. (24) ending in a period for former language ending in a
semicolon.
Par. (25). Pub. L. 99-499, Sec. 101(e), (f), inserted ``The terms''
and ``, all such terms (including the terms `removal' and `remedial
action') include enforcement activities related thereto.'' The part of
Sec. 101(f) of Pub. L. 99-499 which directed amendment of par. (25) by
changing the semicolon at end to a period could not be executed in view
of prior amendment of par. (25) by Sec. 101(e) of Pub. L. 99-499
inserting language and a period at end of par. (25).
Pars. (26), (27). Pub. L. 99-499, Sec. 101(f), inserted ``The
terms'' and substituted a period for the semicolon at end.
Par. (28). Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and
substituted a period for the semicolon at end.
Par. (29). Pub. L. 99-499, Sec. 101(f), inserted ``The terms'' and
substituted a period for the semicolon at end.
Par. (30). Pub. L. 99-499, Sec. 101(f), inserted ``The terms''.
Par. (31). Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and
substituted a period for ``; and''.
Par. (32). Pub. L. 99-499, Sec. 101(f), inserted ``The terms''.
Pars. (33) to (36). Pub. L. 99-499, Sec. 101(f), added pars. (33) to
(36).
Par. (37). Pub. L. 99-499, Sec. 114(b), added par. (37).
Par. (38). Pub. L. 99-499, Sec. 127(a), added par. (38).
1980--Pars. (8), (10). Pub. L. 96-561 substituted ``Magnuson Fishery
Conservation and Management Act'' for ``Fishery Conservation and
Management Act of 1976''.

Effective Date of 1986 Amendment

Section 4 of Pub. L. 99-499 provided that: ``Except as otherwise
specified in section 121(b) of this Act [set out as an Effective Date
note under section 9621 of this title] or in any other provision of
titles I, II, III, and IV of this Act [see Tables for classification],
the amendments made by titles I through IV of this Act [enacting
subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9660,
and 9661 of this title and sections 2701 to 2707 and 2810 of Title 10,
Armed Forces, amending sections 6926, 6928, 6991 to 6991d, 6991g, 9601
to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title and
section 1416 of Title 33, Navigation and Navigable Waters, and
renumbering former section 2701 of Title 10 as section 2721 of Title 10]
shall take effect on the enactment of this Act [Oct. 17, 1986].''
Amendment by section 517(c)(2) of Pub. L. 99-499 effective Jan. 1,
1987, see section 517(e) of Pub. L. 99-499, set out as an Effective Date
note under section 9507 of Title 26, Internal Revenue Code.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96-561 effective 15 days after Dec. 22, 1980,
see section 238 of Pub. L. 96-561, set out as a Short Title of 1980
Amendment note under section 1801 of Title 16, Conservation.

Short Title of 1992 Amendment

Pub. L. 102-426, Sec. 1, Oct. 19, 1992, 106 Stat. 2174, provided
that: ``This Act [amending section 9620 of this title and enacting
provisions set out as a note under section 9620 of this title] may be
cited as the `Community Environmental Response Facilitation Act'.''

Short Title of 1986 Amendment

Section 1 of Pub. L. 99-499 provided that: ``This Act [enacting
subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9662,
11001 to 11005, 11021 to 11023, and 11041 to 11050 of this title,
sections 2701 to 2707 and 2810 of Title 10, Armed Forces, and sections
59A, 4671, 4672, 9507, and 9508 of Title 26, Internal Revenue Code,
amending this section, sections 6926, 6928, 6991 to 6991d, 6991g, 9602
to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title,
sections 26, 164, 275, 936, 1561, 4041, 4042, 4081, 4221, 4611, 4612,
4661, 4662, 6154, 6416, 6420, 6421, 6425, 6427, 6655, 9502, 9503, and
9506 of Title 26, and section 1416 of Title 33, Navigation and Navigable
Waters, renumbering former section 2701 of Title 10 as section 2721 of
Title 10, repealing sections 9631 to 9633, 9641, and 9653 of this title
and sections 4681 and 4682 of Title 26, and enacting provisions set out
as notes under this section, sections 6921, 6991b, 7401, 9620, 9621,
9658, 9660, 9661, and 11001 of this title, section 2703 of Title 10,
sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of Title
26, and section 655 of Title 29, Labor] may be cited as the `Superfund
Amendments and Reauthorization Act of 1986'.''

Short Title

Section 1 of Pub. L. 96-510 provided: ``That this Act [enacting this
chapter, section 6911a of this title, and sections 4611, 4612, 4661,
4662, 4681, and 4682 of Title 26, Internal Revenue Code, amending
section 6911 of this title, section 1364 of Title 33, Navigation and
Navigable Waters, and section 11901 of Title 49, Transportation, and
enacting provisions set out as notes under section 6911 of this title
and sections 1 and 4611 of Title 26] may be cited as the `Comprehensive
Environmental Response, Compensation, and Liability Act of 1980'.''

Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission
to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94
Stat. 3585, set out as a note under section 5841 of this title.

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.

Definitions

Section 2 of Pub. L. 99-499 provided that: ``As used in this Act
[see Short Title of 1986 Amendment note above]--
``(1) CERCLA.--The term `CERCLA' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
``(2) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.''

Section Referred to in Other Sections

This section is referred to in sections 300g-1, 2297, 6991, 9602,
9603, 9607, 9613, 9624, 9656, 11004 of this title; title 7 section 1985;
title 10 sections 2692, 2701, 2707, 2708, 2810; title 14 section 690;
title 33 section 2701.