42 USC 9607 - Liability

1 See References in Text note below.

or the absence of any physical damage to the proprietary interest of the claimant.

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Puspan. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

Such amendments, referred to in the last sentence of subsec. (a), probably means the amendments made by Puspan. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, known as the “Superfund Amendments and Reauthorization Act of 1986”. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 9601 of this title and Tables.

Act of March 3, 1851 (46 U.S.C. 183ff), referred to in subsec. (h), is act Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the Revised Statutes as R.S. §§ 4282, 4283, 4284 to 4287 and 4289, which were classified to sections 182, 183, and 184 to 188 of the former Appendix to Title 46, Shipping, prior to being repealed and restated in chapter 305 of Title 46 by Puspan. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (i), is act June 25, 1947, ch. 125, as amended generally by Puspan. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables.

The Solid Waste Disposal Act, referred to in subsec. (k)(1), (3), (6)(E)(i), is title II of Puspan. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Puspan. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitles C and I of the Solid Waste Disposal 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.

Section 9641 of this title, referred to in subsec. (k), was repealed by Puspan. L. 99–499, title V, § 514(span), Oct. 17, 1986, 100 Stat. 1767.

Subchapter II of this chapter, referred to in subsec. (k)(4)(A) and (C), was in the original “title II of this Act”, meaning title II of Puspan. L. 96–510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Revenue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of Puspan. L. 96–510, which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by Puspan. L. 99–499, title V, §§ 514(span), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under section 1 of Title 26 and Tables.

The Hazardous and Solid Waste Amendments of 1984, referred to in subsec. (k)(6)(A), (E), is Puspan. L. 98–616, Nov. 8, 1984, 98 Stat. 3221. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 6901 of this title and Tables.

The Small Business Act, referred to in subsec. (p)(1), is Puspan. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 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 631 of Title 15 and Tables.

Amendments

2018—Subsec. (r)(1). Puspan. L. 115–141 substituted “bona fide prospective purchaser being considered” for “purchaser’s being considered”.

2002—Subsecs. (o), (p). Puspan. L. 107–118, § 102(a), added subsecs. (o) and (p).

Subsec. (q). Puspan. L. 107–118, § 221, added subsec. (q).

Subsec. (r). Puspan. L. 107–118, § 222(span), added subsec. (r).

1996—Subsec. (c)(1)(C). Puspan. L. 104–287 substituted “section 60101(a) of title 49” for “the Hazardous Liquid Pipeline Safety Act of 1979”.

Subsec. (n). Puspan. L. 104–208 added subsec. (n).

1994—Subsec. (c)(1)(C). Puspan. L. 103–429 substituted “hazardous liquid pipeline facility” for “pipeline”.

1986—Subsec. (a). Puspan. L. 99–514, in penultimate sentence, substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Puspan. L. 99–499, § 107(span), inserted concluding provisions relating to accrual and rate of interest on amounts recoverable under this section.

Subsec. (a)(1). Puspan. L. 99–499, § 107(a), struck out “(otherwise subject to the jurisdiction of the United States)” after “vessel”.

Subsec. (a)(3). Puspan. L. 99–499, § 127(span)(1), inserted “or incineration vessel” after “facility”.

Subsec. (a)(4). Puspan. L. 99–499, §§ 107(span), 127(span)(2), 207(c)(1), in introductory provisions, inserted “, incineration vessels” after “vessels”, in subpar. (A), inserted “or an Indian tribe” after “State”, and added subpar. (D).

Subsec. (c)(1)(A). Puspan. L. 99–499, § 127(span)(3), inserted “, other than an incineration vessel,” after “vessel”.

Subsec. (c)(1)(B). Puspan. L. 99–499, § 127(span)(4), inserted “other than an incineration vessel,” after “other vessel,”.

Subsec. (c)(1)(D). Puspan. L. 99–499, § 127(span)(5), inserted “any incineration vessel or” before “any facility”.

Subsec. (d). Puspan. L. 99–499, § 107(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the national contingency plan or at the direction of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat thereof. This subsection shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person. For the purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.”

Subsec. (f)(1). Puspan. L. 99–499, § 107(d)(1), designated existing provisions as par. (1) and added heading.

Puspan. L. 99–499, § 207(c)(2)(A), inserted “and to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation” after third reference to “State”.

Puspan. L. 99–499, § 207(c)(2)(B), inserted “or Indian tribe” after fourth reference to “State”.

Puspan. L. 99–499, § 207(c)(2)(C), inserted in first sentence “, so long as, in the case of damages to an Indian tribe occurring pursuant to a Federal permit or license, the issuance of that permit or license was not inconsistent with the fiduciary duty of the United States with respect to such Indian tribe”.

Puspan. L. 99–499, § 107(d)(2), substituted “Sums recovered by the United States Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural resources by the State. The measure of damages in any action under subparagraph (C) of subsection (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this chapter for natural resource damages, including the costs of damage assessment or restoration, rehabilitation, or acquisition for the same release and natural resource” for “Sums recovered shall be available for use to restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government or the State government, but the measure of such damages shall not be limited by the sums which can be used to restore or replace such resources”.

Puspan. L. 99–499, § 207(c)(2)(D), which directed the insertion of “or the Indian tribe” after “State government”, could not be executed because the prior amendment by section 107(d)(2) of Puspan. L. 99–499, struck out third sentence referring to “State government”.

Subsec. (f)(2). Puspan. L. 99–499, § 107(d)(1), added par. (2).

Subsec. (g). Puspan. L. 99–499, § 107(e), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.”

Subsec. (h). Puspan. L. 99–499, § 127(e), inserted “, under maritime tort law,” after “with this section” and inserted “or the absence of any physical damage to the proprietary interest of the claimant” before the period at end.

Subsec. (i). Puspan. L. 99–499, § 207(c)(3), inserted “or Indian tribe” after “State”.

Subsec. (j). Puspan. L. 99–499, § 207(c)(4), inserted “or Indian tribe” after first reference to “State”.

Subsec. (k)(5), (6). Puspan. L. 99–499, § 201, added pars. (5) and (6).

Subsec. (l). Puspan. L. 99–499, § 107(f), added subsec. (l).

Subsec. (l)(3). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Subsec. (m). Puspan. L. 99–499, § 107(f), added subsec. (m).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–208 applicable with respect to any claim that has not been finally adjudicated as of Sept. 30, 1996, see section 2505 of Puspan. L. 104–208, set out as a note under section 6991span of this title.

Effect on Concluded Actions

Puspan. L. 107–118, title I, § 103, Jan. 11, 2002, 115 Stat. 2360, provided that:

“The amendments made by this title [amending this section and section 9622 of this title] shall not apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before the date of the enactment of this Act [Jan. 11, 2002].”

Central Hazardous Materials Fund

Puspan. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2116, as amended by Puspan. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2924, provided in part:

“That hereafter, notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party including any fines or penalties, shall be credited to this account, to be available until expended without further appropriation: Provided further, That hereafter such sums recovered from or paid by any party are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and which shall be credited to this account.”

Similar provisions were contained in the following prior appropriation acts:

Puspan. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 518.

Puspan. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3041.

Puspan. L. 108–108, title I, § 310, Nov. 10, 2003, 117 Stat. 1243.

Puspan. L. 108–7, div. F, title I, Fespan. 20, 2003, 117 Stat. 218.

Puspan. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 416.

Puspan. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 923.

Puspan. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–136.

Puspan. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–233.

Puspan. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1544.

Puspan. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–182.

Puspan. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–157; renumbered title I, Puspan. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Puspan. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2500.

Recovery of Costs

Puspan. L. 104–303, title II, § 209, Oct. 12, 1996, 110 Stat. 3681, provided that:

“Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) for any response action taken by the Secretary in support of the civil works program of the Department of the Army and any other amounts recovered by the Secretary from a contractor, insurer, surety, or other person to reimburse the Department of the Army for any expenditure for environmental response activities in support of the Army civil works program shall be credited to the appropriate trust fund account from which the cost of such response action has been paid or will be charged.”

Coordination of Titles I to IV of Puspan. L. 99–499

Any provision of titles I to IV of Puspan. L. 99–499, imposing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 of Puspan. L. 99–499, set out as a note under section 1 of Title 26, Internal Revenue Code.