Loading (50 kb)...'

(continued)
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.].

(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 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.
(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.
(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. Sec. 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 -
(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 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 -
(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.

-SOURCE-
(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;
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], title II, Sec. 2502(b), Sept. 30, 1996, 110 Stat. 3009,
3009-41, 3009-464; Pub. L. 104-287, Sec. 6(j)(1), Oct. 11, 1996,
110 Stat. 3399; Pub. L. 106-74, title IV, Sec. 427, Oct. 20, 1999,
113 Stat. 1095; Pub. L. 107-118, title II, Secs. 211(a), 222(a),
223, 231(a), Jan. 11, 2002, 115 Stat. 2360, 2370, 2372, 2375.)

-REFTEXT-
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, Sec. 2(a), 88 Stat. 1660, as amended, which
is classified generally 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 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 (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. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 921, and 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 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, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this
title. Subtitles C and I of the Act are classified generally to
subchapters III (Sec. 6921 et seq.) and IX (Sec. 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 (Sec. 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 (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.
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, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as
the Clean Water Act, which is classified generally to chapter 26
(Sec. 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, 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. 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 (Sec.
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.


-MISC1-
AMENDMENTS
2002 - Par. (35)(A). Pub. L. 107-118, Sec. 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, Sec. 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, Sec. 211(a), added par. (39).
Par. (40). Pub. L. 107-118, Sec. 222(a), added par. (40).
Par. (41). Pub. L. 107-118, Sec. 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, Sec. 101(a) [title II,
Sec. 211(b)], substituted "Magnuson-Stevens Fishery" for "Magnuson
Fishery".
Par. (20)(E) to (G). Pub. L. 104-208, Sec. 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, 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), (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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 (continued)