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U.S. Code as of:
01/19/04
Section 9507. Hazardous Substance Superfund
(a) Creation of Trust Fund
There 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 Superfund
There are hereby appropriated to the Superfund amounts equivalent
to -
(1) the taxes received in the Treasury under section 59A, 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)
(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 general
Amounts 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
substances
No 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
There are authorized to be appropriated to the Superfund, as
repayable advances, such sums as may be necessary to carry out
the purposes of the Superfund.
(2) Limitation on aggregate advances
The maximum aggregate amount of repayable advances to the
Superfund which is outstanding at any one time shall not exceed
an amount equal to the amount which the Secretary estimates will
be equal to the sum of the amounts appropriated to the Superfund
under subsection (b)(1) during the following 24 months.
(3) Repayment of advances
(A) In general
Advances made to the Superfund shall be repaid, and interest
on such advances shall be paid, to the general fund of the
Treasury when the Secretary determines that moneys are
available for such purposes in the Superfund.
(B) Final repayment
No advance shall be made to the Superfund after December 31,
1995, and all advances to such Fund shall be repaid on or
before such date.
(C) Rate of interest
Interest on advances made to the Superfund shall be at a rate
determined by the Secretary of the Treasury (as of the close of
the calendar month preceding the month in which the advance is
made) to be equal to the current average market yield on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the anticipated
period during which the advance will be outstanding and shall
be compounded annually.
(e) Liability of United States limited to amount in Trust Fund
(1) General rule
Any claim filed against the Superfund may be paid only out of
the Superfund.
(2) Coordination with other provisions
Nothing in CERCLA or the Superfund Amendments and
Reauthorization Act of 1986 (or in any amendment made by either
of such Acts) shall authorize the payment by the United States
Government of any amount with respect to any such claim out of
any source other than the Superfund.
(3) Order in which unpaid claims are to be paid
If at any time the Superfund has insufficient funds to pay all
of the claims payable out of the Superfund at such time, such
claims shall, to the extent permitted under paragraph (1), be
paid in full in the order in which they were finally determined.
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