Cercla

42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION
§ 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 402 of the Federal Water Pollution Control Act [33 U.S.C. 1342], (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 402 of the Federal Water Pollution Control Act 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 402 of the Federal Water Pollution Control Act, 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 404 of the Federal Water Pollution
Control Act [33 U.S.C. 1344], (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

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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

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 307(b) or
(c) of the Clean Water Act [33 U.S.C. 1317 (b), (c)] and enforceable requirements in a pretreatment
program submitted by a State or municipality for Federal approval under section 402 of such Act [33
U.S.C. 1342], 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 311(b)(2)(A) of the Federal Water Pollution
Control Act [33 U.S.C. 1321 (b)(2)(A)],
(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 307(a) of the Federal Water Pollution Control
Act [33 U.S.C. 1317 (a)],
(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 7 of the Toxic Substances Control Act
[15 U.S.C. 2606]. 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.

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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(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.—
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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(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;
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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(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;

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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(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.].
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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(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 502
of the Federal Water Pollution Control Act [33 U.S.C. 1362].
(31) The term “national contingency plan” means the national contingency plan published under
section 311(c) 5 of the Federal Water Pollution Control Act 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 311 of the Federal Water Pollution Control Act [33 U.S.C. 1321].
(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
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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

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, easements, leases, 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 the defendant has
satisfied the requirements of section 9607 (b)(3)(a) and (b) of this title, provides full cooperation,
assistance, and facility access to the persons that are authorized to conduct response actions at the
facility (including the cooperation and access necessary for the installation, integrity, operation,
and maintenance of any complete or partial response action at the facility), is in compliance with
any land use restrictions established or relied on in connection with the response action at a facility,
and does not impede the effectiveness or integrity of any institutional control employed at the
facility in connection with a response action.
(B) Reason to know.—
(i) All appropriate inquiries.— To establish that the defendant had no reason to know of
the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that—
(I) on or before the date on which the defendant acquired the facility, the defendant
carried out all appropriate inquiries, as provided in clauses (ii) and (iv), into the previous
ownership and uses of the facility in accordance with generally accepted good commercial
and customary standards and practices; and
(II) the defendant took reasonable steps to—
(aa) stop any continuing release;
(bb) prevent any threatened future release; and
(cc) prevent or limit any human, environmental, or natural resource exposure to any
previously released hazardous substance.
(ii) Standards and practices.— Not later than 2 years after January 11, 2002, the
Administrator shall by regulation establish standards and practices for the purpose of
satisfying the requirement to carry out all appropriate inquiries under clause (i).
(iii) Criteria.— In promulgating regulations that establish the standards and practices
referred to in clause (ii), the Administrator shall include each of the following:
(I) The results of an inquiry by an environmental professional.
(II) Interviews with past and present owners, operators, and occupants of the facility
for the purpose of gathering information regarding the potential for contamination at the
facility.

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(III) Reviews of historical sources, such as chain of title documents, aerial photographs,
building department records, and land use records, to determine previous uses and
occupancies of the real property since the property was first developed.
(IV) Searches for recorded environmental cleanup liens against the facility that are filed
under Federal, State, or local law.
(V) Reviews of Federal, State, and local government records, waste disposal records,
underground storage tank records, and hazardous waste handling, generation, treatment,
disposal, and spill records, concerning contamination at or near the facility.
(VI) Visual inspections of the facility and of adjoining properties.
(VII) Specialized knowledge or experience on the part of the defendant.
(VIII) The relationship of the purchase price to the value of the property, if the property
was not contaminated.
(IX) Commonly known or reasonably ascertainable information about the property.
(X) The degree of obviousness of the presence or likely presence of contamination at the
property, and the ability to detect the contamination by appropriate investigation.
(iv) Interim standards and practices.—
(I) Property purchased before may 31, 1997.— With respect to property purchased
before May 31, 1997, in making a determination with respect to a defendant described in
clause (i), a court shall take into account—
(aa) any specialized knowledge or experience on the part of the defendant;
(bb) the relationship of the purchase price to the value of the property, if the property
was not contaminated;
(cc) commonly known or reasonably ascertainable information about the property;
(dd) the obviousness of the presence or likely presence of contamination at the
property; and
(ee) the ability of the defendant to detect the contamination by appropriate
inspection.
(II) Property purchased on or after may 31, 1997.— With respect to property
purchased on or after May 31, 1997, and until the Administrator promulgates the
regulations described in clause (ii), the procedures of the American Society for
Testing and Materials, including the document known as “Standard E1527–97”, entitled
“Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site
Assessment Process”, shall satisfy the requirements in clause (i).
(v) Site inspection and title search.— In the case of property for residential use or other
similar use purchased by a nongovernmental or noncommercial entity, a facility inspection
and title search that reveal no basis for further investigation shall be considered to satisfy the
requirements of this subparagraph.
(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.

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(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.
(39) Brownfield site.—
(A) In general.— The term “brownfield site” means real property, the expansion,
redevelopment, or reuse of which may be complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
(B) Exclusions.— The term “brownfield site” does not include—
(i) a facility that is the subject of a planned or ongoing removal action under this subchapter;
(ii) a facility that is listed on the National Priorities List or is proposed for listing;
(iii) a facility that is the subject of a unilateral administrative order, a court order, an
administrative order on consent or judicial consent decree that has been issued to or entered
into by the parties under this chapter;
(iv) a facility that is the subject of a unilateral administrative order, a court order, an
administrative order on consent or judicial consent decree that has been issued to or entered
into by the parties, or a facility to which a permit has been issued by the United States or an
authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal
Water Pollution Control Act (33 U.S.C. 1321) [33 U.S.C. § 1251 et seq.], the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(v) a facility that—
(I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste
Disposal Act (42 U.S.C. 6924 (u), 6928 (h)); and
(II) to which a corrective action permit or order has been issued or modified to require
the implementation of corrective measures;
(vi) a land disposal unit with respect to which—
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(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.) has been submitted; and
(II) closure requirements have been specified in a closure plan or permit;
(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency,
or instrumentality of the United States, except for land held in trust by the United States for
an Indian tribe;
(viii) a portion of a facility—
(I) at which there has been a release of polychlorinated biphenyls; and
(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C.
2601 et seq.); or
(ix) a portion of a facility, for which portion, assistance for response activity has been obtained
under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
Underground Storage Tank Trust Fund established under section 9508 of title 26.
(C) Site-by-site determinations.— Notwithstanding subparagraph (B) and on a site-by-site
basis, the President may authorize financial assistance under section 9604 (k) of this title to an
eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if
the President finds that financial assistance will protect human health and the environment, and
either promote economic development or enable the creation of, preservation of, or addition to
parks, greenways, undeveloped property, other recreational property, or other property used for
nonprofit purposes.
(D) Additional areas.— For the purposes of section 9604 (k) of this title, the term “brownfield
site” includes a site that—
(i) meets the definition of “brownfield site” under subparagraphs (A) through (C); and
(ii) (I) is contaminated by a controlled substance (as defined in section 802 of title 21);
(II) (aa) is contaminated by petroleum or a petroleum product excluded from the
definition of “hazardous substance” under this section; and
(bb) is a site determined by the Administrator or the State, as appropriate, to be—
(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and
(BB) a site for which there is no viable responsible party and which will be assessed, investigated,
or cleaned up by a person that is not potentially liable for cleaning up the site; and
(cc) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act
(42 U.S.C. 6991b (h)); or
(III) is mine-scarred land.
(40) Bona fide prospective purchaser.— The term “bona fide prospective purchaser” means a
person (or a tenant of a person) that acquires ownership of a facility after January 11, 2002, and that
establishes each of the following by a preponderance of the evidence:
(A) Disposal prior to acquisition.— All disposal of hazardous substances at the facility occurred
before the person acquired the facility.
(B) Inquiries.—
(i) In general.— The person made all appropriate inquiries into the previous ownership and
uses of the facility in accordance with generally accepted good commercial and customary
standards and practices in accordance with clauses (ii) and (iii).
(ii) Standards and practices.— The standards and practices referred to in clauses (ii) and
(iv) of paragraph (35)(B) shall be considered to satisfy the requirements of this subparagraph.
(iii) Residential use.— In the case of property in residential or other similar use at the time of
purchase by a nongovernmental or noncommercial entity, a facility inspection and title search

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that reveal no basis for further investigation shall be considered to satisfy the requirements
of this subparagraph.
(C) Notices.— The person provides all legally required notices with respect to the discovery or
release of any hazardous substances at the facility.
(D) Care.— The person exercises appropriate care with respect to hazardous substances found
at the facility by taking reasonable steps to—
(i) stop any continuing release;
(ii) prevent any threatened future release; and
(iii) prevent or limit human, environmental, or natural resource exposure to any previously
released hazardous substance.
(E) Cooperation, assistance, and access.— The person provides full cooperation, assistance,
and access to persons that are authorized to conduct response actions or natural resource restoration
at a vessel or facility (including the cooperation and access necessary for the installation, integrity,
operation, and maintenance of any complete or partial response actions or natural resource
restoration at the vessel or facility).
(F) Institutional control.— The person—
(i) is in compliance with any land use restrictions established or relied on in connection with
the response action at a vessel or facility; and
(ii) does not impede the effectiveness or integrity of any institutional control employed at the
vessel or facility in connection with a response action.
(G) Requests; subpoenas.— The person complies with any request for information or
administrative subpoena issued by the President under this chapter.
(H) No affiliation.— The person is not—
(i) potentially liable, or affiliated with any other person that is potentially liable, for response
costs at a facility through—
(I) any direct or indirect familial relationship; or
(II) any contractual, corporate, or financial relationship (other than a contractual,
corporate, or financial relationship that is created by the instruments by which title to the
facility is conveyed or financed or by a contract for the sale of goods or services); or
(ii) the result of a reorganization of a business entity that was potentially liable.
(41) Eligible response site.—
(A) In general.— The term “eligible response site” means a site that meets the definition of a
brownfield site in subparagraphs (A) and (B) of paragraph (39), as modified by subparagraphs (B)
and (C) of this paragraph.
(B) Inclusions.— The term “eligible response site” includes—
(i) notwithstanding paragraph (39)(B)(ix), a portion of a facility, for which portion assistance
for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established
under section 9508 of title 26; or
(ii) a site for which, notwithstanding the exclusions provided in subparagraph (C) or
paragraph (39)(B), the President determines, on a site-by-site basis and after consultation with
the State, that limitations on enforcement under section 9628 of this title at sites specified in
clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would be appropriate and will—
(I) protect human health and the environment; and
(II) promote economic development or facilitate the creation of, preservation of, or
addition to a park, a greenway, undeveloped property, recreational property, or other
property used for nonprofit purposes.
(C) Exclusions.— The term “eligible response site” does not include—
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(i) a facility for which the President—
(I) conducts or has conducted a preliminary assessment or site inspection; and
(II) after consultation with the State, determines or has determined that the site obtains
a preliminary score sufficient for possible listing on the National Priorities List, or that
the site otherwise qualifies for listing on the National Priorities List; unless the President
has made a determination that no further Federal action will be taken; or
(ii) facilities that the President determines warrant particular consideration as identified by
regulation, such as sites posing a threat to a sole-source drinking water aquifer or a sensitive
ecosystem.

Footnotes
1 So in original. Probably should be “or”.
2 So in original. Probably should be followed by a closing parenthesis.
3 So in original. Probably should be “mean”.
4 So in original.
5 See References in Text note below.

(Pub. L. 96–510, title I, § 101, Dec. 11, 1980, 94 Stat. 2767; Pub. L. 96–561, title II, § 238(b), Dec. 22,
1980, 94 Stat. 3300; Pub. L. 99–499, title I, §§ 101, 114 (b), 127 (a), title V, § 517(c)(2), Oct. 17, 1986,
100 Stat. 1615, 1652, 1692, 1774; Pub. L. 100–707, title I, § 109(v), Nov. 23, 1988, 102 Stat. 4710; Pub.
L. 103–429, § 7(e)(1), Oct. 31, 1994, 108 Stat. 4390; Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], title II, § 2502(b), Sept. 30, 1996, 110 Stat. 3009, 3009–41, 3009–464; Pub. L. 104–287, §
6(j)(1), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106–74, title IV, § 427, Oct. 20, 1999, 113 Stat. 1095; Pub.
L. 107–118, title II, §§ 211(a), 222 (a), 223, 231 (a), Jan. 11, 2002, 115 Stat. 2360, 2370, 2372, 2375.)
References in Text
This chapter, referred to in pars. (5), (13), (20)(D), (G), (35)(C), (D), (39)(B)(iii), and (40)(G), 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), (10), and (39)(B)(iv), is title XIV of act July 1, 1944, as added
Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (§
300f et seq.) of chapter 6A of this title. Part C of the Safe Drinking Water Act is classified generally to part C (§ 300h
et seq.) of subchapter XII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 201 of this title and Tables.
The Magnuson-Stevens 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 (§ 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, § 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 (§ 1857 et seq.) of this title. On enactment of Pub. L. 95–95, the Act was reclassified to
chapter 85 (§ 7401 et seq.) of this title. Parts C and D of title I of the Clean Air Act are classified generally to parts C (§
7470 et seq.) and D (§ 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. 1, 1946, ch. 724, as added by act Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 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.

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The Solid Waste Disposal Act, referred to in pars. (14), (39)(B)(iv), (vi)(I), (ix), and (41)(B)(i), is title II of Pub.
L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitles C and I of the Act are classified
generally to subchapters III (§ 6921 et seq.) and IX (§ 6991 et seq.), respectively, of chapter 82 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
The Farm Credit Act of 1971, referred to in par. (20)(G)(iv)(III), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, as
amended, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 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 (§ 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.
The Federal Water Pollution Control Act, referred to in par. (39)(B)(iv), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Clean Water Act, which is classified
generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. Section 311(c) of the Act was
amended generally by Pub. L. 101–380, title IV, § 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. For complete classification of this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Toxic Substances Control Act, referred to in par. (39)(B)(iv), (viii)(II), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat.
2003, as amended, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.

Amendments
2002—Par. (35)(A). Pub. L. 107–118, § 223(1), in introductory provisions substituted “deeds, easements, leases, or”
for “deeds or” and in concluding provisions substituted “the defendant has satisfied” for “he has satisfied” and inserted
before period at end “, provides full cooperation, assistance, and facility access to the persons that are authorized to
conduct response actions at the facility (including the cooperation and access necessary for the installation, integrity,
operation, and maintenance of any complete or partial response action at the facility), is in compliance with any land
use restrictions established or relied on in connection with the response action at a facility, and does not impede the
effectiveness or integrity of any institutional control employed at the facility in connection with a response action”.
Par. (35)(B). Pub. L. 107–118, § 223(2), added subpar. (B) and struck out former subpar. (B) which read as follows:
“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.”
Par. (39). Pub. L. 107–118, § 211(a), added par. (39).
Par. (40). Pub. L. 107–118, § 222(a), added par. (40).
Par. (41). Pub. L. 107–118, § 231(a), added par. (41).
1999—Par. (20)(D). Pub. L. 106–74, which directed the amendment of subpar. (D) by inserting “through seizure or
otherwise in connection with law enforcement activity” before “involuntary” the first place it appears, could not be
executed because the word “involuntary” does not appear in subpar. (D).
1996—Pars. (8), (16). Pub. L. 104–208, § 101(a) [title II, § 211(b)], substituted “Magnuson-Stevens Fishery” for
“Magnuson Fishery”.
Par. (20)(E) to (G). Pub. L. 104–208, § 2502(b), added subpars. (E) to (G).
Par. (26). Pub. L. 104–287 substituted “section 60101 (a) of title 49” for “the Pipeline Safety Act”.
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, § 101(f), struck out “, the term” after “subchapter” in introductory text.
Pars. (1) to (10). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

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Par. (11). Pub. L. 99–499, § 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, § 101(f), inserted “The term” and substituted a period for the semicolon at end.
Pars. (12) to (15). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.
Par. (16). Pub. L. 99–499, § 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, § 101(f), inserted “The term” and substituted a period for the semicolon at end.
Par. (20)(A). Pub. L. 99–499, § 101(f), inserted “The term”.
Pub. L. 99–499, § 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, § 101(b)(3), in provisions following subcl. (iii), substituted a period for the semicolon at end.
Par. (20)(B), (C). Pub. L. 99–499, § 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, § 101(b)(1), (f), added subpar. (D). The part of § 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 § 101(b)(1) of Pub. L. 99–499 which added subpar. (D) ending in a period.
Par. (21). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.
Par. (22). Pub. L. 99–499, § 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, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.
Par. (24). Pub. L. 99–499, § 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 § 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 § 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, § 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 § 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 § 101(e) of Pub. L. 99–499 inserting language and a period at end of par. (25).
Pars. (26), (27). Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.
Par. (28). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.
Par. (29). Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.
Par. (30). Pub. L. 99–499, § 101(f), inserted “The terms”.
Par. (31). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for “; and”.
Par. (32). Pub. L. 99–499, § 101(f), inserted “The terms”.
Pars. (33) to (36). Pub. L. 99–499, § 101(f), added pars. (33) to (36).
Par. (37). Pub. L. 99–499, § 114(b), added par. (37).
Par. (38). Pub. L. 99–499, § 127(a), added par. (38).

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1980—Pars. (8), (16). Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for
“Fishery Conservation and Management Act of 1976”.

Effective Date of 1996 Amendment
Section 101 (a) [title II, § 211(b)] of div. A of Pub. L. 104–208 provided that the amendment made by that section
is effective 15 days after Oct. 11, 1996.
Amendment by section 2502(b) of Pub. L. 104–208 applicable with respect to any claim that has not been finally
adjudicated as of Sept. 30, 1996, see section 2505 of Pub. L. 104–208, set out as a note under section 6991b of this title.

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
Section 238(b) of Pub. L. 96–561 provided that the amendment made by that section is effective 15 days after Dec.
22, 1980.

Short Title of 2002 Amendments
Pub. L. 107–118, § 1, Jan. 11, 2002, 115 Stat. 2356, provided that: “This Act [enacting section 9628 of this title,
amending this section and sections 9604, 9605, 9607, and 9622 of this title, and enacting provisions set out as notes
under this section and section 9607 of this title] may be cited as the ‘Small Business Liability Relief and Brownfields
Revitalization Act’.”
Pub. L. 107–118, title I, § 101, Jan. 11, 2002, 115 Stat. 2356, provided that: “This title [amending sections 9607 and
9622 of this title and enacting provisions set out as a note under section 9607 of this title] may be cited as the ‘Small
Business Liability Protection Act’.”
Pub. L. 107–118, title II, § 201, Jan. 11, 2002, 115 Stat. 2360, provided that: “This title [enacting section 9628 of
this title and amending this section and sections 9604, 9605, and 9607 of this title] may be cited as the ‘Brownfields
Revitalization and Environmental Restoration Act of 2001’.”

Short Title of 1996 Amendment
Section 2501 of div. A of Pub. L. 104–208 provided that: “This subtitle [subtitle E (§§ 2501–2505) of title II of div.
A of Pub. L. 104–208, amending this section and sections 6991b and 9607 of this title and enacting provisions set
out as a note under section 6991b of this title] may be cited as the ‘Asset Conservation, Lender Liability, and Deposit
Insurance Protection Act of 1996’.”

Short Title of 1992 Amendment
Pub. L. 102–426, § 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,

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42 USC 9601
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

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 and Contiguous Zone of United States
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219,
respectively, set out as notes 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.”

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