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U.S. Code as of:
01/19/04
Section 2718. Relationship to other law
(a) Preservation of State authorities; Solid Waste Disposal Act
Nothing in this Act or the Act of March 3, 1851 shall -
(1) affect, or be construed or interpreted as preempting, the
authority of any State or political subdivision thereof from
imposing any additional liability or requirements with respect to
-
(A) the discharge of oil or other pollution by oil within
such State; or
(B) any removal activities in connection with such a
discharge; or
(2) affect, or be construed or interpreted to affect or modify
in any way the obligations or liabilities of any person under the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law,
including common law.
(b) Preservation of State funds
Nothing in this Act or in section 9509 of title 26 shall in any
way affect, or be construed to affect, the authority of any State -
(1) to establish, or to continue in effect, a fund any purpose
of which is to pay for costs or damages arising out of, or
directly resulting from, oil pollution or the substantial threat
of oil pollution; or
(2) to require any person to contribute to such a fund.
(c) Additional requirements and liabilities; penalties
Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et
seq.), or section 9509 of title 26, shall in any way affect, or be
construed to affect, the authority of the United States or any
State or political subdivision thereof -
(1) to impose additional liability or additional requirements;
or
(2) to impose, or to determine the amount of, any fine or
penalty (whether criminal or civil in nature) for any violation
of law;
relating to the discharge, or substantial threat of a discharge, of
oil.
(d) Federal employee liability
For purposes of section 2679(b)(2)(B) of title 28, nothing in
this Act shall be construed to authorize or create a cause of
action against a Federal officer or employee in the officer's or
employee's personal or individual capacity for any act or omission
while acting within the scope of the officer's or employee's office
or employment.
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