Laws: Cases and Codes : U.S. Code : Title 42
|
U.S. Code as of:
01/19/04
Chapter 103 - Notes
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION
Sec.
9601. Definitions.
9602. Designation of additional hazardous substances and
establishment of reportable released quantities;
regulations.
9603. Notification requirements respecting released
substances.
(a) Notice to National Response Center upon release
from vessel or offshore or onshore facility by
person in charge; conveyance of notice by
Center.
(b) Penalties for failure to notify; use of notice
or information pursuant to notice in criminal
case.
(c) Notice to Administrator of EPA of existence of
storage, etc., facility by owner or operator;
exception; time, manner, and form of notice;
penalties for failure to notify; use of notice
or information pursuant to notice in criminal
case.
(d) Recordkeeping requirements; promulgation of
rules and regulations by Administrator of EPA;
penalties for violations; waiver of retention
requirements.
(e) Applicability to registered pesticide product.
(f) Exemptions from notice and penalty provisions
for substances reported under other Federal
law or is in continuous release, etc.
9604. Response authorities.
(a) Removal and other remedial action by President;
applicability of national contingency plan;
response by potentially responsible parties;
public health threats; limitations on
response; exception.
(b) Investigations, monitoring, coordination, etc.,
by President.
(c) Criteria for continuance of obligations from
Fund over specified amount for response
actions; consultation by President with
affected States; contracts or cooperative
agreements by States with President prior to
remedial actions; cost-sharing agreements;
selection by President of remedial actions;
State credits: granting of credit, expenses
before listing or agreement, response actions
between 1978 and 1980, State expenses after
December 11, 1980, in excess of 10 percent of
costs, item-by-item approval, use of credits;
operation and maintenance; limitation on
source of funds for O&M; recontracting;
siting.
(d) Contracts or cooperative agreements by
President with States or political
subdivisions or Indian tribes; State
applications, terms and conditions;
reimbursements; cost-sharing provisions;
enforcement requirements and procedures.
(e) Information gathering and access.
(f) Contracts for response actions; compliance with
Federal health and safety standards.
(g) Rates for wages and labor standards applicable
to covered work.
(h) Emergency procurement powers; exercise by
President.
(i) Agency for Toxic Substances and Disease
Registry; establishment, functions, etc.
(j) Acquisition of property.
(k) Brownfields revitalization funding.
9605. National contingency plan.
(a) Revision and republication.
(b) Revision of plan.
(c) Hazard ranking system.
(d) Petition for assessment of release.
(e) Releases from earlier sites.
(f) Minority contractors.
(g) Special study wastes.
(h) NPL deferral.
9606. Abatement actions.
(a) Maintenance, jurisdiction, etc.
(b) Fines; reimbursement.
(c) Guidelines for using imminent hazard,
enforcement, and emergency response
authorities; promulgation by Administrator of
EPA, scope, etc.
9607. Liability.
(a) Covered persons; scope; recoverable costs and
damages; interest rate; "comparable maturity"
date.
(b) Defenses.
(c) Determination of amounts.
(d) Rendering care or advice.
(e) Indemnification, hold harmless, etc.,
agreements or conveyances; subrogation rights.
(f) Natural resources liability; designation of
public trustees of natural resources.
(g) Federal agencies.
(h) Owner or operator of vessel.
(i) Application of a registered pesticide product.
(j) Obligations or liability pursuant to federally
permitted release.
(k) Transfer to, and assumption by, Post-Closure
Liability Fund of liability of owner or
operator of hazardous waste disposal facility
in receipt of permit under applicable solid
waste disposal law; time, criteria applicable,
procedures, etc.; monitoring costs; reports.
(l) Federal lien.
(m) Maritime lien.
(n) Liability of fiduciaries.
(o) De micromis exemption.
(p) Municipal solid waste exemption.
(q) Contiguous properties.
(r) Prospective purchaser and windfall lien.
9608. Financial responsibility.
(a) Establishment and maintenance by owner or
operator of vessel; amount; failure to obtain
certification of compliance.
(b) Establishment and maintenance by owner or
operator of production, etc., facilities;
amount; adjustment; consolidated form of
responsibility; coverage of motor carriers.
(c) Direct Action.
(d) Limitation of guarantor liability.
9609. Civil penalties and awards.
(a) Class I administrative penalty.
(b) Class II administrative penalty.
(c) Judicial assessment.
(d) Awards.
(e) Procurement procedures.
(f) Savings clause.
9610. Employee protection.
(a) Activities of employee subject to protection.
(b) Administrative grievance procedure in cases of
alleged violations.
(c) Assessment of costs and expenses against
violator subsequent to issuance of order of
abatement.
(d) Defenses.
(e) Presidential evaluations of potential loss of
shifts of employment resulting from
administration or enforcement of provisions;
investigations; procedures applicable, etc.
9611. Uses of Fund.
(a) In general.
(b) Additional authorized purposes.
(c) Peripheral matters and limitations.
(d) Additional limitations.
(e) Funding requirements respecting moneys in Fund;
limitation on certain claims; Fund use outside
Federal property boundaries.
(f) Obligation of moneys by Federal officials;
obligation of moneys or settlement of claims
by State officials or Indian tribe.
(g) Notice to potential injured parties by owner
and operator of vessel or facility causing
release of substance; rules and regulations.
(h) Repealed.
(i) Restoration, etc., of natural resources.
(j) Use of Post-closure Liability Fund.
(k) Inspector General.
(l) Foreign claimants.
(m) Agency for Toxic Substances and Disease
Registry.
(n) Limitations on research, development, and
demonstration program.
(o) Notification procedures for limitations on
certain payments.
(p) General revenue share of Superfund.
9612. Claims procedure.
(a) Claims against Fund for response costs.
(b) Forms and procedures applicable.
(c) Subrogation rights; actions maintainable.
(d) Statute of limitations.
(e) Other statutory or common law claims not
waived, etc.
(f) Double recovery prohibited.
9613. Civil proceedings.
(a) Review of regulations in Circuit Court of
Appeals of the United States for the District
of Columbia.
(b) Jurisdiction; venue.
(c) Controversies or other matters resulting from
tax collection or tax regulation review.
(d) Litigation commenced prior to December 11,
1980.
(e) Nationwide service of process.
(f) Contribution.
(g) Period in which action may be brought.
(h) Timing of review.
(i) Intervention.
(j) Judicial review.
(k) Administrative record and participation
procedures.
(l) Notice of actions.
9614. Relationship to other law.
(a) Additional State liability or requirements with
respect to release of substances within State.
(b) Recovery under other State or Federal law of
compensation for removal costs or damages, or
payment of claims.
(c) Recycled oil.
(d) Financial responsibility of owner or operator
of vessel or facility under State or local
law, rule, or regulation.
9615. Presidential delegation and assignment of duties or
powers and promulgation of regulations.
9616. Schedules.
(a) Assessment and listing of facilities.
(b) Evaluation.
(c) Explanations.
(d) Commencement of RI/FS.
(e) Commencement of remedial action.
9617. Public participation.
(a) Proposed plan.
(b) Final plan.
(c) Explanation of differences.
(d) Publication.
(e) Grants for technical assistance.
9618. High priority for drinking water supplies.
9619. Response action contractors.
(a) Liability of response action contractors.
(b) Savings provisions.
(c) Indemnification.
(d) Exception.
(e) Definitions.
(f) Competition.
(g) Surety bonds.
9620. Federal facilities.
(a) Application of chapter to Federal Government.
(b) Notice.
(c) Federal Agency Hazardous Waste Compliance
Docket.
(d) Assessment and evaluation.
(e) Required action by department.
(f) State and local participation.
(g) Transfer of authorities.
(h) Property transferred by Federal agencies.
(i) Obligations under Solid Waste Disposal Act.
(j) National security.
9621. Cleanup standards.
(a) Selection of remedial action.
(b) General rules.
(c) Review.
(d) Degree of cleanup.
(e) Permits and enforcement.
(f) State involvement.
9622. Settlements.
(a) Authority to enter into agreements.
(b) Agreements with potentially responsible
parties.
(c) Effect of agreement.
(d) Enforcement.
(e) Special notice procedures.
(f) Covenant not to sue.
(g) De minimis settlements.
(h) Cost recovery settlement authority.
(i) Settlement procedures.
(j) Natural resources.
(k) Section not applicable to vessels.
(l) Civil penalties.
(m) Applicability of general principles of law.
9623. Reimbursement to local governments.
(a) Application.
(b) Reimbursement.
(c) Amount.
(d) Procedure.
9624. Methane recovery.
(a) In general.
(b) Exceptions.
9625. Section 6921(b)(3)(A)(i) waste.
(a) Revision of hazard ranking system.
(b) Inclusion prohibited.
9626. Indian tribes.
(a) Treatment generally.
(b) Community relocation.
(c) Study.
(d) Limitation.
9627. Recycling transactions.
(a) Liability clarification.
(b) Recyclable material defined.
(c) Transactions involving scrap paper, plastic,
glass, textiles, or rubber.
(d) Transactions involving scrap metal.
(e) Transactions involving batteries.
(f) Exclusions.
(g) Effect on other liability.
(h) Regulations.
(i) Effect on pending or concluded actions.
(j) Liability for attorney's fees for certain
actions.
(k) Relationship to liability under other laws.
(l) Limitation on statutory construction.
9628. State response programs.
(a) Assistance to States.
(b) Enforcement in cases of a release subject to
State program.
(c) Effect on Federal laws.
SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE
PART A - HAZARDOUS SUBSTANCE RESPONSE TRUST FUND
9631 to 9633. Repealed.
PART B - POST-CLOSURE LIABILITY TRUST FUND
9641. Repealed.
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
9651. Reports and studies.
(a) Implementation experiences; identification and
disposal of waste.
(b) Private insurance protection.
(c) Regulations respecting assessment of damages to
natural resources.
(d) Issues, alternatives, and policy considerations
involving selection of locations for waste
treatment, storage, and disposal facilities.
(e) Adequacy of existing common law and statutory
remedies.
(f) Modification of national contingency plan.
(g) Insurability study.
9652. Effective dates; savings provisions.
9653. Repealed.
9654. Applicability of Federal water pollution control
funding, etc., provisions.
9655. Legislative veto of rule or regulation.
(a) Transmission to Congress upon promulgation or
repromulgation of rule or regulation;
disapproval procedures.
(b) Approval; effective dates.
(c) Sessions of Congress as applicable.
(d) Congressional inaction on, or rejection of,
resolution of disapproval.
9656. Transportation of hazardous substances; listing as
hazardous material; liability for release.
9657. Separability; contribution.
9658. Actions under State law for damages from exposure to
hazardous substances.
(a) State statutes of limitations for hazardous
substance cases.
(b) Definitions.
9659. Citizens suits.
(a) Authority to bring civil actions.
(b) Venue.
(c) Relief.
(d) Rules applicable to subsection (a)(1) actions.
(e) Rules applicable to subsection (a)(2) actions.
(f) Costs.
(g) Intervention.
(h) Other rights.
(i) Definitions.
9660. Research, development, and demonstration.
(a) Hazardous substance research and training.
(b) Alternative or innovative treatment technology
research and demonstration program.
(c) Hazardous substance research.
(d) University hazardous substance research
centers.
(e) Report to Congress.
(f) Saving provision.
(g) Small business participation.
9660a. Grant program.
9661. Love Canal property acquisition.
(a) Acquisition of property in emergency
declaration area.
(b) Procedures for acquisition.
(c) State ownership.
(d) Maintenance of property.
(e) Habitability and land use study.
(f) Funding.
(g) Response.
(h) Definitions.
9662. Limitation on contract and borrowing authority.
SUBCHAPTER IV - POLLUTION INSURANCE
9671. Definitions.
9672. State laws; scope of subchapter.
(a) State laws.
(b) Scope of subchapter.
9673. Risk retention groups.
(a) Exemption.
(b) Exceptions.
(c) Application of exemptions.
(d) Agents or brokers.
9674. Purchasing groups.
(a) Exemption.
(b) Application of exemptions.
(c) Agents or brokers.
9675. Applicability of securities laws.
(a) Ownership interests.
(b) Investment Company Act.
(c) Blue sky law.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 300h-6, 300h-7, 6972,
11004 of this title; title 10 sections 2700, 2701, 2703; title 16
sections 410yy-3, 426n, 460lll, 460lll-46, 545b; title 26 sections
9507, 9508; title 30 section 1240a; title 33 sections 1272, 1321,
2701; title 43 sections 869-2, 1474b-1.
|
Ads by FindLaw