View all text of Subchapter A [§ 9501 - § 9511]
§ 9507. Hazardous Substance Superfund
(a) Creation of Trust FundThere is established in the Treasury of the United States a trust fund to be known as the “Hazardous Substance Superfund” (hereinafter in this section referred to as the “Superfund”), consisting of such amounts as may be—
(1) appropriated to the Superfund as provided in this section,
(2) appropriated to the Superfund pursuant to section 517(b) of the Superfund Revenue Act of 1986, or
(3) credited to the Superfund as provided in section 9602(b).
(b) Transfers to SuperfundThere are hereby appropriated to the Superfund amounts equivalent to—
(1) the taxes received in the Treasury under section 4611, 4661, or 4671 (relating to environmental taxes),
(2) amounts recovered on behalf of the Superfund under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (hereinafter in this section referred to as “CERCLA”),
(3) all moneys recovered or collected under section 311(b)(6)(B) of the Clean Water Act,1
1 See References in Text note below.
(4) penalties assessed under title I of CERCLA, and
(5) punitive damages under section 107(c)(3) of CERCLA.
In the case of the tax imposed by section 4611, paragraph (1) shall apply only to so much of such tax as is attributable to the Hazardous Substance Superfund financing rate under section 4611(c).
(c) Expenditures from Superfund
(1) In generalAmounts in the Superfund shall be available, as provided in appropriation Acts, only for purposes of making expenditures—
(A) to carry out the purposes of—
(i) paragraphs (1), (2), (5), and (6) of section 111(a) of CERCLA as in effect on the date of the enactment of the Superfund Amendments and Reauthorization Act of 1986,
(ii) section 111(c) of CERCLA (as so in effect), other than paragraphs (1) and (2) thereof, and
(iii) section 111(m) of CERCLA (as so in effect), or
(B) hereafter authorized by a law which does not authorize the expenditure out of the Superfund for a general purpose not covered by subparagraph (A) (as so in effect).
(2) Exception for certain transfers, etc., of hazardous substancesNo amount in the Superfund or derived from the Superfund shall be available or used for the transfer or disposal of hazardous waste carried out pursuant to a cooperative agreement between the Administrator of the Environmental Protection Agency and a State if the following conditions apply—
(A) the transfer or disposal, if made on December 13, 1985, would not comply with a State or local requirement,
(B) the transfer is to a facility for which a final permit under section 3005(a) of the Solid Waste Disposal Act was issued after January 1, 1983, and before November 1, 1984, and
(C) the transfer is from a facility identified as the McColl Site in Fullerton, California.
(d) Authority to borrow
(1) In general
(2) Limitation on aggregate advances
(3) Repayment of advances
(A) In general
(B) Final repayment
(C) Rate of interest
(e) Liability of United States limited to amount in Trust Fund
(1) General rule
(2) Coordination with other provisions
(3) Order in which unpaid claims are to be paid
(Added Pub. L. 99–499, title V, § 517(a), Oct. 17, 1986, 100 Stat. 1772; amended Pub. L. 99–509, title VIII, § 8032(c)(4), Oct. 21, 1986, 100 Stat. 1959; Pub. L. 101–508, title XI, § 11231(c), Nov. 5, 1990, 104 Stat. 1388–445; Pub. L. 113–295, div. A, title II, § 221(a)(12)(L), Dec. 19, 2014, 128 Stat. 4039; Pub. L. 117–169, title I, § 13601(b), Aug. 16, 2022, 136 Stat. 1982.)