---
kind: "section"
citation: "42 U.S.C. § 9601"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9601"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9601"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter I — Hazardous Substances Releases, Liability, Compensation"
---

# §9601. Definitions


For purpose of this subchapter—

- (1) The term “act of God” means an unanticipated grave natural [disaster](/usc/42/5204.md?p=2) or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
- (2) The term “Administrator” means the Administrator of the [United States](#27) Environmental Protection [Agency](/usc/42/8262.md?p=1).
- (3) The term “barrel” means forty-two [United States](#27) gallons at sixty degrees Fahrenheit.
- (4) The term “claim” means a demand in writing for a sum certain.
- (5) The term “claimant” means any [person](#21) who presents a [claim](#4) for compensation under this chapter.
- (6) The term “damages” means damages for injury or loss of [natural resources](#16) as set forth in section [9607(a)](/usc/42/9607.md?p=a) or [9611(b)](/usc/42/9611.md?p=b) of this title.
- (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](/usc/42/300f.md) et seq.]) or as drinking water by one or more individuals.
- (8) The term “environment” means (A) the [navigable waters](#15), the waters of the [contiguous zone](#30), and the ocean waters of which the [natural resources](#16) are under the exclusive management authority of the [United States](#27) under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](/usc/16/1801.md) et seq.], and (B) any other surface water, [ground water](#12), [drinking water supply](#7), land surface or subsurface strata, or ambient air within the [United States](#27) or under the jurisdiction of the [United States](#27).
- (9) The term “facility” means (A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned [treatment](#29) works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where a [hazardous substance](#14) has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any [vessel](#28).
- (10) The term “federally permitted release” means (A) discharges in compliance with a permit under section 402 of the Federal Water Pollution Control Act [[33 U.S.C. 1342](/usc/33/1342.md)], (B) discharges resulting from circumstances identified and reviewed and made part of the public record with respect to a permit issued or modified under section 402 of the Federal Water Pollution Control Act and subject to a condition of such permit, (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the Federal Water Pollution Control Act, which are caused by events occurring within the scope of relevant operating or [treatment](#29) systems, (D) discharges in compliance with a legally enforceable permit under section 404 of the Federal Water Pollution Control Act [[33 U.S.C. 1344](/usc/33/1344.md)], (E) [releases](#22) in compliance with a legally enforceable final permit issued pursuant to [section 3005(a)](/usc/33/3005.md?p=a) through (d) of the Solid Waste Disposal Act [[42 U.S.C. 6925(a)](/usc/42/6925.md?p=a)–(d)] from a [hazardous waste](#29) [treatment](#29), storage, or [disposal](#29) [facility](#9) when such permit specifically identifies the [hazardous substances](#14) and makes such substances subject to a standard of practice, control procedure or bioassay limitation or condition, or other control on the [hazardous substances](#14) in such [releases](#22), (F) any [release](#22) in compliance with a legally enforceable permit issued under [section 1412 of title 33](/usc/33/1412.md) of[^1] [section 1413 of title 33](/usc/33/1413.md), (G) any injection of fluids authorized under Federal underground injection control programs or [State](#27) programs submitted for Federal approval (and not disapproved by the [Administrator](#2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1)) pursuant to part C of the Safe Drinking Water Act [[42 U.S.C. 300h](/usc/42/300h.md) et seq.], (H) any emission into the air subject to a permit or control regulation under [section 111](/usc/42/111.md) [[42 U.S.C. 7411](/usc/42/7411.md)], [section 112](/usc/42/112.md) [[42 U.S.C. 7412](/usc/42/7412.md)], title I part C [[42 U.S.C. 7470](/usc/42/7470.md) et seq.], title I part D [[42 U.S.C. 7501](/usc/42/7501.md) et seq.], or [State](#27) implementation plans submitted in accordance with section 110 of the Clean Air Act [[42 U.S.C. 7410](/usc/42/7410.md)] (and not disapproved by the [Administrator](#2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1)), including any schedule or waiver granted, promulgated, or approved under these sections, (I) any injection of fluids or other materials authorized under applicable [State](#27) law (i) for the purpose of stimulating or treating wells for the production of crude oil, natural gas, or water, (ii) for the purpose of secondary, tertiary, or other enhanced recovery of crude oil or natural gas, or (iii) which are brought to the surface in conjunction with the production of crude oil or natural gas and which are reinjected, (J) the introduction of any pollutant into a publicly owned [treatment](#29) works when such pollutant is specified in and in compliance with applicable pretreatment standards of section 307(b) or (c) of the Clean Water Act [[33 U.S.C. 1317(b)](/usc/33/1317.md?p=b), (c)] and enforceable requirements in a pretreatment program submitted by a [State](#27) or municipality for Federal approval under [section 402](/usc/42/402.md) of such Act [[33 U.S.C. 1342](/usc/33/1342.md)], and (K) any [release](#22) of source, special nuclear, or byproduct material, as those terms are defined in the Atomic Energy Act of 1954 [[42 U.S.C. 2011](/usc/42/2011.md) et seq.], in compliance with a legally enforceable license, permit, regulation, or order issued pursuant to the Atomic Energy Act of 1954.
- (11) The term “Fund” or “Trust Fund” means the [Hazardous Substance](#14) Superfund established by [section 9507 of title 26](/usc/26/9507.md).
- (12) The term “ground water” means water in a saturated zone or stratum beneath the surface of land or water.
- (13) The term “guarantor” means any [person](#21), other than the [owner or operator](#20-A), who provides evidence of financial responsibility for an [owner or operator](#20-A) under this chapter.
- (14) The term “hazardous substance” means (A) any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act [[33 U.S.C. 1321(b)(2)(A)](/usc/33/1321.md?p=b-2-A)], (B) any element, compound, mixture, solution, or substance designated pursuant to [section 9602 of this title](/usc/42/9602.md), (C) any [hazardous waste](#29) having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md)] (but not including any waste the regulation of which under the Solid Waste Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.] has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act [[33 U.S.C. 1317(a)](/usc/33/1317.md?p=a)], (E) any hazardous air pollutant listed under section 112 of the Clean Air Act [[42 U.S.C. 7412](/usc/42/7412.md)], and (F) any imminently hazardous chemical substance or mixture with respect to which the [Administrator](#2) has taken action pursuant to section 7 of the Toxic Substances Control Act [[15 U.S.C. 2606](/usc/15/2606.md)]. The term does 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 this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
- (15) The term “navigable waters” or “navigable waters of the United States” means the waters of the [United States](#27), including the [territorial seas](#30).
- (16) The term “natural resources” means land, fish, wildlife, biota, air, water, [ground water](#12), [drinking water supplies](#7), and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the [United States](#27) (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](/usc/16/1801.md) et seq.]), any [State](#27) or local government, any foreign government, any [Indian tribe](#36), or, if such resources are subject to a trust restriction on alienation, any member of an [Indian tribe](#36).
- (17) The term “offshore facility” means any [facility](#9) of any kind located in, on, or under, any of the [navigable waters of the United States](#15), and any [facility](#9) of any kind which is subject to the jurisdiction of the [United States](#27) and is located in, on, or under any other waters, other than a [vessel](#28) or a public [vessel](#28).
- (18) The term “onshore facility” means any [facility](#9) (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land or nonnavigable waters within the [United States](#27).
- (19) The term “otherwise subject to the jurisdiction of the United States” means subject to the jurisdiction of the [United States](#27) by virtue of [United States](#27) citizenship, [United States](#27) [vessel](#28) documentation or numbering, or as provided by international agreement to which the [United States](#27) is a party.
- (20)
  - (A) The term “owner or operator” means (i) in the case of a [vessel](#28), any [person](#21) owning, operating, or chartering by demise, such [vessel](#28), (ii) in the case of an [onshore facility](#18) or an [offshore facility](#17), any [person](#21) owning or operating such [facility](#9), and (iii) in the case of any [facility](#9), title or control of which was conveyed due to bankruptcy, [foreclosure](#20-H-iii), tax delinquency, abandonment, or similar means to a unit of [State](#27) or local government, any [person](#21) who owned, operated, or otherwise controlled activities at such [facility](#9) immediately beforehand. Such term does not include a [person](#21), who, without participating in the management of a [vessel](#28) or [facility](#9), holds indicia of ownership primarily to protect his [security interest](#20-H-vi) in the [vessel](#28) or [facility](#9).
  - (B) In the case of a [hazardous substance](#14) which has been accepted for [transportation](#26) by a common or contract carrier and except as provided in [section 9607(a)(3)](/usc/42/9607.md?p=a-3) or (4) of this title, (i) the term “[owner or operator](#20-A)” shall mean such common carrier or other bona fide for hire carrier acting as an independent contractor during such [transportation](#26), (ii) the shipper of such [hazardous substance](#14) shall not be considered to have caused or contributed to any [release](#22) during such [transportation](#26) which resulted solely from circumstances or conditions beyond his control.
  - (C) In the case of a [hazardous substance](#14) which has been delivered by a common or contract carrier to a [disposal](#29) or [treatment](#29) [facility](#9) and except as provided in [section 9607(a)(3)](/usc/42/9607.md?p=a-3) or (4) of this title, (i) the term “[owner or operator](#20-A)” shall not include such common or contract carrier, and (ii) such common or contract carrier shall not be considered to have caused or contributed to any [release](#22) at such [disposal](#29) or [treatment](#29) [facility](#9) resulting from circumstances or conditions beyond its control.
  - (D) The term “[owner or operator](#20-A)” does not include a unit of [State](#27) or local government which acquired ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any [State](#27) or local government which has caused or contributed to the [release](#22) or threatened [release](#22) of a [hazardous substance](#14) from the [facility](#9), and such a [State](#27) or local government shall be subject to the provisions of this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including [liability](#32) under [section 9607 of this title](/usc/42/9607.md).
  - (E) **Exclusion of certain alaska native villages and native corporations.—**
    - (i) **In general.—** The term “[owner or operator](#20-A)” does not include, with respect to a [facility](#9) conveyed to a Native village or Native [Corporation](/usc/42/2297h.md?p=2) (as those terms are defined in section 3 of the Alaska Native [Claims](#4) Settlement Act [[43 U.S.C. 1602](/usc/43/1602.md)]) under the Alaska Native [Claims](#4) Settlement Act [[43 U.S.C. 1601](/usc/43/1601.md) et seq.]—
      - (I) the Native village or Native [Corporation](/usc/42/2297h.md?p=2) that received the [facility](#9) from the [United States](#27) Government; or
      - (II) a successor in interest to which the [facility](#9) was conveyed under section 14(c) of such Act [[43 U.S.C. 1613(c)](/usc/43/1613.md?p=c)].
    - (ii) **Limitation.—** The exclusion provided under this subparagraph shall not apply to any entity described in [clause (i)](#20-E-i) that causes or contributes to a [release](#22) or threatened [release](#22) of a [hazardous substance](#14) from the [facility](#9) conveyed as described in such clause.
  - (F) **Exclusion of lenders not participants in management.—**
    - (i) **Indicia of ownership to protect security.—** The term “[owner or operator](#20-A)” does not include a [person](#21) that is a [lender](#20-H-iv) that, without participating in the management of a [vessel](#28) or [facility](#9), holds indicia of ownership primarily to protect the [security interest](#20-H-vi) of the [person](#21) in the [vessel](#28) or [facility](#9).
    - (ii) **Foreclosure.—** The term “[owner or operator](#20-A)” does not include a [person](#21) that is a [lender](#20-H-iv) that did not [participate in management](#20-G-i) of a [vessel](#28) or [facility](#9) prior to [foreclosure](#20-H-iii), notwithstanding that the [person](#21)—
      - (I) [forecloses](#20-H-iii) on the [vessel](#28) or [facility](#9); and
      - (II) after [foreclosure](#20-H-iii), sells, re-leases (in the case of a lease finance transaction), or liquidates the [vessel](#28) or [facility](#9), maintains business activities, winds up operations, undertakes a [response](#25) action under [section 9607(d)(1) of this title](/usc/42/9607.md?p=d-1) or under the direction of an on-scene coordinator appointed under the [National Contingency Plan](#31), with respect to the [vessel](#28) or [facility](#9), or takes any other measure to preserve, protect, or prepare the [vessel](#28) or [facility](#9) prior to sale or disposition,

      if the [person](#21) seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the [person](#21) of the [vessel](#28) or [facility](#9) at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.

  - (G) **Participation in management.—** For purposes of [subparagraph (F)](#20-F)—
    - (i) the term “participate in management”—
      - (I) means actually participating in the management or operational affairs of a [vessel](#28) or [facility](#9); and
      - (II) does not include merely having the capacity to influence, or the unexercised right to control, [vessel](#28) or [facility](#9) operations;
    - (ii) a [person](#21) that is a [lender](#20-H-iv) and that holds indicia of ownership primarily to protect a [security interest](#20-H-vi) in a [vessel](#28) or [facility](#9) shall be considered to [participate in management](#20-G-i) only if, while the borrower is still in possession of the [vessel](#28) or [facility](#9) encumbered by the [security interest](#20-H-vi), the [person](#21)—
      - (I) exercises decisionmaking control over the environmental compliance related to the [vessel](#28) or [facility](#9), such that the [person](#21) has undertaken responsibility for the [hazardous substance](#14) handling or [disposal](#29) [practices](/usc/42/17061.md?p=19) related to the [vessel](#28) or [facility](#9); or
      - (II) exercises control at a level comparable to that of a manager of the [vessel](#28) or [facility](#9), such that the [person](#21) has assumed or manifested responsibility—
        - (aa) for the overall management of the [vessel](#28) or [facility](#9) encompassing day-to-day decisionmaking with respect to environmental compliance; or
        - (bb) over all or substantially all of the [operational functions](#20-H-v) (as distinguished from [financial or administrative functions](#20-H-ii)) of the [vessel](#28) or [facility](#9) other than the function of environmental compliance;
    - (iii) the term “[participate in management](#20-G-i)” does not include performing an act or failing to act prior to the time at which a [security interest](#20-H-vi) is created in a [vessel](#28) or [facility](#9); and
    - (iv) the term “[participate in management](#20-G-i)” does not include—
      - (I) holding a [security interest](#20-H-vi) or abandoning or releasing a [security interest](#20-H-vi);
      - (II) including in the terms of an [extension of credit](#20-H-i), or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or condition that relates to environmental compliance;
      - (III) monitoring or enforcing the terms and conditions of the [extension of credit](#20-H-i) or [security interest](#20-H-vi);
      - (IV) monitoring or undertaking 1 or more inspections of the [vessel](#28) or [facility](#9);
      - (V) requiring a [response](#25) action or other lawful means of addressing the [release](#22) or threatened [release](#22) of a [hazardous substance](#14) in connection with the [vessel](#28) or [facility](#9) prior to, during, or on the expiration of the term of the [extension of credit](#20-H-i);
      - (VI) providing financial or other advice or counseling in an effort to mitigate, prevent, or cure default or diminution in the value of the [vessel](#28) or [facility](#9);
      - (VII) restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the [extension of credit](#20-H-i) or [security interest](#20-H-vi), exercising forbearance;
      - (VIII) exercising other [remedies](#24) that may be available under applicable law for the breach of a term or condition of the [extension of credit](#20-H-i) or security agreement; or
      - (IX) conducting a [response](#25) action under [section 9607(d) of this title](/usc/42/9607.md?p=d) or under the direction of an on-scene coordinator appointed under the [National Contingency Plan](#31),

      if the actions do not rise to the level of participating in management (within the meaning of clauses [(i)](#20-G-i) and [(ii)](#20-G-ii)).

  - (H) **Other terms.—** As used in this chapter:
    - (i) **Extension of credit.—** The term “extension of credit” includes a lease finance transaction—
      - (I) in which the lessor does not initially select the leased [vessel](#28) or [facility](#9) and does not during the lease term control the daily operations or maintenance of the [vessel](#28) or [facility](#9); or
      - (II) that conforms with regulations issued by the appropriate Federal banking [agency](/usc/42/8262.md?p=1) or the appropriate [State](#27) bank supervisor (as those terms are defined in [section 1813 of title 12](/usc/12/1813.md)) or with regulations issued by the National Credit Union Administration Board, as appropriate.
    - (ii) **Financial or administrative function.—** The term “financial or administrative function” includes a function such as that of a credit manager, accounts payable officer, accounts receivable officer, personnel manager, comptroller, or chief financial officer, or a similar function.
    - (iii) **Foreclosure; foreclose.—** The terms “foreclosure” and “foreclose” mean, respectively, acquiring, and to acquire, a [vessel](#28) or [facility](#9) through—
      - (I)
        - (aa) purchase at sale under a judgment or decree, power of sale, or nonjudicial [foreclosure](#20-H-iii) sale;
        - (bb) a deed in lieu of [foreclosure](#20-H-iii), or similar conveyance from a trustee; or
        - (cc) repossession,

      if the [vessel](#28) or [facility](#9) was security for an [extension of credit](#20-H-i) previously contracted;

      - (II) conveyance pursuant to an [extension of credit](#20-H-i) previously contracted, including the termination of a lease agreement; or
      - (III) any other formal or informal manner by which the [person](#21) acquires, for subsequent disposition, title to or possession of a [vessel](#28) or [facility](#9) in order to protect the [security interest](#20-H-vi) of the [person](#21).
    - (iv) **Lender.—** The term “lender” means—
      - (I) an insured depository institution (as defined in [section 1813 of title 12](/usc/12/1813.md));
      - (II) an insured credit union (as defined in [section 1752 of title 12](/usc/12/1752.md));
      - (III) a bank or association chartered under the Farm Credit Act of 1971 ([12 U.S.C. 2001](/usc/12/2001.md) et seq.);
      - (IV) a leasing or trust company that is an affiliate of an insured depository institution;
      - (V) any [person](#21) (including a successor or assignee of any such [person](#21)) that makes a bona fide [extension of credit](#20-H-i) to or takes or acquires a [security interest](#20-H-vi) from a nonaffiliated [person](#21);
      - (VI) the Federal National Mortgage Association, the Federal Home Loan Mortgage [Corporation](/usc/42/2297h.md?p=2), the Federal Agricultural Mortgage [Corporation](/usc/42/2297h.md?p=2), or any other entity that in a bona fide manner buys or sells loans or interests in loans;
      - (VII) a [person](#21) that insures or guarantees against a default in the repayment of an [extension of credit](#20-H-i), or acts as a surety with respect to an [extension of credit](#20-H-i), to a nonaffiliated [person](#21); and
      - (VIII) a [person](#21) that provides title insurance and that acquires a [vessel](#28) or [facility](#9) as a result of assignment or conveyance in the course of underwriting [claims](#4) and [claims](#4) settlement.
    - (v) **Operational function.—** The term “operational function” includes a function such as that of a [facility](#9) 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](#21) to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated [person](#21).
- (21) The term “person” means an individual, firm, [corporation](/usc/42/2297h.md?p=2), association, partnership, [consortium](/usc/42/17061.md?p=4), joint venture, commercial entity, [United States](#27) Government, [State](#27), municipality, commission, political subdivision of a [State](#27), 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](#8) (including the abandonment or discarding of [barrels](#3), containers, and other closed receptacles containing any [hazardous substance](#14) or [pollutant or contaminant](#33)), but excludes (A) any release which results in exposure to [persons](#21) solely within a workplace, with respect to a [claim](#4) which such [persons](#21) may assert against the employer of such [persons](#21), (B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, [vessel](#28), 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](/usc/42/2011.md) 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](/usc/42/2210.md)], or, for the purposes of [section 9604 of this title](/usc/42/9604.md) or any other [response](#25) action, any release of source byproduct, or special nuclear material from any processing site designated under section [7912(a)(1)](/usc/42/7912.md?p=a-1) or [7942(a)](/usc/42/7942.md?p=a) of this title, and (D) the normal application of fertilizer.
- (23) The terms “remove” or “removal” means[^2] the cleanup or removal of released [hazardous substances](#14) from the [environment](#8), such actions as may be necessary taken in the event of the threat of [release](#22) of [hazardous substances](#14) into the [environment](#8), such actions as may be necessary to monitor, assess, and evaluate the [release](#22) or threat of [release](#22) of [hazardous substances](#14), the [disposal](#29) 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](#8), which may otherwise result from a [release](#22) or threat of [release](#22). The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of [alternative water supplies](#34), temporary evacuation and housing of threatened individuals not otherwise provided for, action taken under [section 9604(b) of this title](/usc/42/9604.md?p=b), and any emergency assistance which may be provided under the [Disaster](/usc/42/5204.md?p=2) Relief and Emergency Assistance Act [[42 U.S.C. 5121](/usc/42/5121.md) et seq.].
- (24) The terms “remedy” or “remedial action” means[^2] those actions consistent with permanent remedy taken instead of or in addition to [removal](#23) actions in the event of a [release](#22) or threatened [release](#22) of a [hazardous substance](#14) into the [environment](#8), to prevent or minimize the [release](#22) of [hazardous substances](#14) so that they do not migrate to cause substantial danger to present or future public health or welfare or the [environment](#8). The term includes, but is not limited to, such actions at the location of the [release](#22) as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released [hazardous substances](#14) 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](#29) or incineration, provision of [alternative water supplies](#34), and any monitoring reasonably required to assure that such actions protect the public health and welfare and the [environment](#8). The term includes the costs of permanent relocation of residents and businesses and community [facilities](#9) 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](#26), storage, [treatment](#29), destruction, or secure disposition offsite of [hazardous substances](#14), or may otherwise be necessary to protect the public health or welfare; the term includes offsite [transport](#26) and offsite storage, [treatment](#29), destruction, or secure disposition of [hazardous substances](#14) and associated contaminated materials.
- (25) The terms “respond” or “response” means[^2] [remove](#23), [removal](#23), [remedy](#24), and [remedial action](#24);,[^3] all such terms (including the terms “[removal](#23)” and “[remedial action](#24)”) include enforcement activities related thereto.
- (26) The terms “transport” or “transportation” means[^2] the movement of a [hazardous substance](#14) by any mode, including a hazardous liquid pipeline [facility](#9) (as defined in [section 60101(a) of title 49](/usc/49/60101.md?p=a)), and in the case of a [hazardous substance](#14) 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](#14).
- (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](#26) 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](/usc/42/6903.md)].
- (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](/usc/33/1362.md)].
- (31) The term “national contingency plan” means the national contingency plan published under section 311(c)[^4] of the Federal Water Pollution Control Act or revised pursuant to [section 9605 of this title](/usc/42/9605.md).
- (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](/usc/33/1321.md)].
- (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](#22) into the [environment](#8) and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the [environment](#8) 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](#14) 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](/usc/42/9607.md?p=b-3), 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](#9) concerned is located was acquired by the defendant after the [disposal](#29) or placement of the [hazardous substance](#14) on, in, or at the [facility](#9), and one or more of the circumstances described in clause [(i)](#35-A-i), [(ii)](#35-A-ii), or [(iii)](#35-A-iii) is also established by the defendant by a preponderance of the evidence:
    - (i) At the time the defendant acquired the [facility](#9) the defendant did not know and had no reason to know that any [hazardous substance](#14) which is the subject of the [release](#22) or threatened [release](#22) was disposed of on, in, or at the [facility](#9).
    - (ii) The defendant is a government entity which acquired the [facility](#9) 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](#9) 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)](/usc/42/9607.md) and (b) of this title, provides full cooperation, assistance, and [facility](#9) access to the [persons](#21) that are authorized to conduct [response](#25) actions at the [facility](#9) (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial [response](#25) action at the [facility](#9)), is in compliance with any land use restrictions established or relied on in connection with the [response](#25) action at a [facility](#9), and does not impede the effectiveness or integrity of any institutional control employed at the [facility](#9) in connection with a [response](#25) 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)](#35-A-i), the defendant must demonstrate to a court that—
      - (I) on or before the date on which the defendant acquired the [facility](#9), the defendant carried out all appropriate inquiries, as provided in clauses [(ii)](#35-B-ii) and [(iv)](#35-B-iv), into the previous ownership and uses of the [facility](#9) in accordance with generally accepted good commercial and customary standards and [practices](/usc/42/17061.md?p=19); and
      - (II) the defendant took reasonable steps to—
        - (aa) stop any continuing [release](#22);
        - (bb) prevent any threatened future [release](#22); and
        - (cc) prevent or limit any human, environmental, or natural resource exposure to any previously released [hazardous substance](#14).
    - (ii) **Standards and practices.—** Not later than 2 years after January 11, 2002, the [Administrator](#2) shall by regulation establish standards and [practices](/usc/42/17061.md?p=19) for the purpose of satisfying the requirement to carry out all appropriate inquiries under [clause (i)](#35-B-i).
    - (iii) **Criteria.—** In promulgating regulations that establish the standards and [practices](/usc/42/17061.md?p=19) referred to in [clause (ii)](#35-B-ii), the [Administrator](#2) shall include each of the following:
      - (I) The results of an inquiry by an environmental professional.
      - (II) Interviews with past and present [owners](/usc/42/13641.md?p=4), operators, and occupants of the [facility](#9) for the purpose of gathering information regarding the potential for contamination at the [facility](#9).
      - (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](#9) that are filed under Federal, [State](#27), or local law.
      - (V) Reviews of Federal, [State](#27), and local government records, waste [disposal](#29) records, underground storage tank records, and [hazardous waste](#29) handling, generation, [treatment](#29), [disposal](#29), and spill records, concerning contamination at or near the [facility](#9).
      - (VI) Visual inspections of the [facility](#9) 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)](#35-B-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](#2) promulgates the regulations described in [clause (ii)](#35-B-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)](#35-B-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](#9) 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](/usc/42/9607.md?p=b-3) shall diminish the [liability](#32) of any previous [owner or operator](#20-A) of such [facility](#9) who would otherwise be [liable](#32) under this chapter. Notwithstanding this paragraph, if the defendant obtained actual knowledge of the [release](#22) or threatened [release](#22) of a [hazardous substance](#14) at such [facility](#9) when the defendant owned the real property and then subsequently transferred ownership of the property to another [person](#21) without disclosing such knowledge, such defendant shall be treated as [liable](#32) under [section 9607(a)(1) of this title](/usc/42/9607.md?p=a-1) and no defense under [section 9607(b)(3) of this title](/usc/42/9607.md?p=b-3) shall be available to such defendant.
  - (D) Nothing in this paragraph shall affect the [liability](#32) under this chapter of a defendant who, by any act or omission, caused or contributed to the [release](#22) or threatened [release](#22) of a [hazardous substance](#14) which is the subject of the action relating to the [facility](#9).
- (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](/usc/42/2297h.md?p=2), which is recognized as eligible for the special programs and services provided by the [United States](#27) to Indians because of their status as Indians.
- (37)
  - (A) The term “service station dealer” means any [person](#21)—
    - (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](#9), recycled oil that (I) has been removed from the engine of a light duty motor vehicle or household appliances by the [owner](/usc/42/13641.md?p=4) of such vehicle or appliances, and (II) is presented, by such [owner](/usc/42/13641.md?p=4), to such [person](#21) for collection, accumulation, and delivery to an oil recycling [facility](#9).
  - (B) For purposes of [section 9614(c) of this title](/usc/42/9614.md?p=c), the term “[service station dealer](#37-A)” shall, notwithstanding the provisions of [subparagraph (A)](#37-A), include any government [agency](/usc/42/8262.md?p=1) that establishes a [facility](#9) 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](/usc/42/13641.md?p=4) or operators of refuse collection services who are compelled by [State](#27) law to collect, accumulate, and deliver such oil to an oil recycling [facility](#9).
  - (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](#28) which carries [hazardous substances](#14) 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](#14), pollutant, or contaminant.
  - (B) **Exclusions.—** The term “[brownfield site](#39-A)” does not include—
    - (i) a [facility](#9) that is the subject of a planned or ongoing [removal](#23) action under this subchapter;
    - (ii) a [facility](#9) that is listed on the National Priorities List or is proposed for listing;
    - (iii) a [facility](#9) 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](#9) 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](#9) to which a permit has been issued by the [United States](#27) or an authorized [State](#27) under the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.), the Federal Water Pollution Control Act ([33 U.S.C. 1321](/usc/33/1321.md)) [[33 U.S.C. § 1251](/usc/33/1251.md) et seq.], the Toxic Substances Control Act ([15 U.S.C. 2601](/usc/15/2601.md) et seq.), or the Safe Drinking Water Act ([42 U.S.C. 300f](/usc/42/300f.md) et seq.);
    - (v) a [facility](#9) 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)](/usc/42/6924.md?p=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](#29) unit with respect to which—
      - (I) a closure notification under subtitle C of the Solid Waste Disposal Act ([42 U.S.C. 6921](/usc/42/6921.md) et seq.) has been submitted; and
      - (II) closure requirements have been specified in a closure plan or permit;
    - (vii) a [facility](#9) that is subject to the jurisdiction, custody, or control of a department, [agency](/usc/42/8262.md?p=1), or instrumentality of the [United States](#27), except for land held in trust by the [United States](#27) for an [Indian tribe](#36);
    - (viii) a portion of a [facility](#9)—
      - (I) at which there has been a [release](#22) of polychlorinated biphenyls; and
      - (II) that is subject to remediation under the Toxic Substances Control Act ([15 U.S.C. 2601](/usc/15/2601.md) et seq.); or
    - (ix) a portion of a [facility](#9), for which portion, assistance for [response](#25) activity has been obtained under subtitle I of the Solid Waste Disposal Act ([42 U.S.C. 6991](/usc/42/6991.md) et seq.) from the Leaking Underground Storage Tank [Trust Fund](#11) established under [section 9508 of title 26](/usc/26/9508.md).
  - (C) **Site-by-site determinations.—** Notwithstanding [subparagraph (B)](#39-B) and on a site-by-site basis, the President may authorize financial assistance under [section 9604(k) of this title](/usc/42/9604.md?p=k) to an eligible entity at a site included in clause [(i)](#39-B-i), [(iv)](#39-B-iv), [(v)](#39-B-v), [(vi)](#39-B-vi), [(viii)](#39-B-viii), or [(ix)](#39-B-ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the [environment](#8), 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](/usc/42/300s–3.md?p=3) purposes.
  - (D) **Additional areas.—** For the purposes of [section 9604(k) of this title](/usc/42/9604.md?p=k), the term “[brownfield site](#39-A)” includes a site that—
    - (i) meets the definition of “[brownfield site](#39-A)” under subparagraphs [(A)](#39-A) through [(C)](#39-C); and
    - (ii)
      - (I) is contaminated by a [controlled substance](/usc/42/11851.md?p=2) (as defined in [section 802 of title 21](/usc/21/802.md));
      - (II)
        - (aa) is contaminated by petroleum or a petroleum product excluded from the definition of “[hazardous substance](#14)” under this section; and
        - (bb) is a site for which there is no viable responsible party and that is determined by the [Administrator](#2) or the [State](#27), as appropriate, to be a site that will be assessed, investigated, or cleaned up by a [person](#21) that is not potentially [liable](#32) for cleaning up the site under this chapter or any other law pertaining to the cleanup of petroleum products; 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)](/usc/42/6991b.md?p=h)); or
      - (III) is mine-scarred land.
- (40) **Bona fide prospective purchaser.—**
  - (A) **In general.—** The term “bona fide prospective purchaser” means, with respect to a [facility](#9)—
    - (i) a [person](#21) who—
      - (I) acquires ownership of the [facility](#9) after January 11, 2002; and
      - (II) establishes by a preponderance of the evidence each of the criteria described in clauses [(i)](#40-B-i) through [(viii)](#40-B-viii) of subparagraph (B); and
    - (ii) a [person](#21)—
      - (I) who acquires a leasehold interest in the [facility](#9) after January 11, 2002;
      - (II) who establishes by a preponderance of the evidence that the leasehold interest is not designed to avoid [liability](#32) under this chapter by any [person](#21); and
      - (III) with respect to whom any of the following conditions apply:
        - (aa) The [owner](/usc/42/13641.md?p=4) of the [facility](#9) that is subject to the leasehold interest is a [person](#21) described in [clause (i)](#40-A-i).
        - (bb)
          - (AA) The [owner](/usc/42/13641.md?p=4) of the [facility](#9) that is subject to the leasehold interest was a [person](#21) described in [clause (i)](#40-A-i) at the time the leasehold interest was acquired, but can no longer establish by a preponderance of the evidence each of the criteria described in clauses [(i)](#40-B-i) through [(viii)](#40-B-viii) of subparagraph (B) due to circumstances unrelated to any action of the [person](#21) who holds the leasehold interest; and
          - (BB) the [person](#21) who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses [(i)](#40-B-i), [(iii)](#40-B-iii), [(iv)](#40-B-iv), [(v)](#40-B-v), [(vi)](#40-B-vi), [(vii)](#40-B-vii), and [(viii)](#40-B-viii) of subparagraph (B).
        - (cc) The [person](#21) who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses [(i)](#40-B-i) through [(viii)](#40-B-viii) of subparagraph (B).
  - (B) **Criteria.—** The criteria described in this subparagraph are as follows:
    - (i) **Disposal prior to acquisition.—** All [disposal](#29) of [hazardous substances](#14) at the [facility](#9) occurred before the [person](#21) acquired the [facility](#9).
    - (ii) **Inquiries.—**
      - (I) **In general.—** The [person](#21) made all appropriate inquiries into the previous ownership and uses of the [facility](#9) in accordance with generally accepted good commercial and customary standards and [practices](/usc/42/17061.md?p=19) in accordance with subclauses [(II)](#40-B-ii-II) and [(III)](#40-B-ii-III).
      - (II) **Standards and practices.—** The standards and [practices](/usc/42/17061.md?p=19) referred to in clauses [(ii)](#35-B-ii) and [(iv)](#35-B-iv) of paragraph (35)(B) shall be considered to satisfy the requirements of this clause.
      - (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](#9) inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this clause.
    - (iii) **Notices.—** The [person](#21) provides all legally required notices with respect to the discovery or [release](#22) of any [hazardous substances](#14) at the [facility](#9).
    - (iv) **Care.—** The [person](#21) exercises appropriate care with respect to [hazardous substances](#14) found at the [facility](#9) by taking reasonable steps to—
      - (I) stop any continuing [release](#22);
      - (II) prevent any threatened future [release](#22); and
      - (III) prevent or limit human, environmental, or natural resource exposure to any previously released [hazardous substance](#14).
    - (v) **Cooperation, assistance, and access.—** The [person](#21) provides full cooperation, assistance, and access to [persons](#21) that are authorized to conduct [response](#25) actions or natural resource restoration at a [vessel](#28) or [facility](#9) (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial [response](#25) actions or natural resource restoration at the [vessel](#28) or [facility](#9)).
    - (vi) **Institutional control.—** The [person](#21)—
      - (I) is in compliance with any land use restrictions established or relied on in connection with the [response](#25) action at a [vessel](#28) or [facility](#9); and
      - (II) does not impede the effectiveness or integrity of any institutional control employed at the [vessel](#28) or [facility](#9) in connection with a [response](#25) action.
    - (vii) **Requests; subpoenas.—** The [person](#21) complies with any request for information or administrative subpoena issued by the President under this chapter.
    - (viii) **No affiliation.—** The [person](#21) is not—
      - (I) potentially [liable](#32), or affiliated with any other [person](#21) that is potentially [liable](#32), for [response](#25) costs at a [facility](#9) through—
        - (aa) any direct or indirect familial relationship; or
        - (bb) 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](#9) is conveyed or financed, by a tenancy, by the instruments by which a leasehold interest in the [facility](#9) is created, 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](#32).
- (41) **Eligible response site.—**
  - (A) **In general.—** The term “eligible response site” means a site that meets the definition of a [brownfield site](#39-A) in subparagraphs [(A)](#39-A) and [(B)](#39-B) of paragraph (39), as modified by subparagraphs (B) and (C) of this paragraph.
  - (B) **Inclusions.—** The term “[eligible response site](#41-A)” includes—
    - (i) notwithstanding [paragraph (39)(B)(ix)](#39-B-ix), a portion of a [facility](#9), for which portion assistance for [response](#25) activity has been obtained under subtitle I of the Solid Waste Disposal Act ([42 U.S.C. 6991](/usc/42/6991.md) et seq.) from the Leaking Underground Storage Tank [Trust Fund](#11) established under [section 9508 of title 26](/usc/26/9508.md); or
    - (ii) a site for which, notwithstanding the exclusions provided in [subparagraph (C)](#41-C) or [paragraph (39)(B)](#39-B), the President determines, on a site-by-site basis and after consultation with the [State](#27), that limitations on enforcement under [section 9628 of this title](/usc/42/9628.md) at sites specified in clause [(iv)](#39-B-iv), [(v)](#39-B-v), [(vi)](#39-B-vi) or [(viii)](#39-B-viii) of paragraph (39)(B) would be appropriate and will—
      - (I) protect human health and the [environment](#8); 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](/usc/42/300s–3.md?p=3) purposes.
  - (C) **Exclusions.—** The term “[eligible response site](#41-A)” does not include—
    - (i) a [facility](#9) for which the President—
      - (I) conducts or has conducted a preliminary assessment or site inspection; and
      - (II) after consultation with the [State](#27), 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](#9) 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.

## Footnotes

[^1]: So in original. Probably should be “or”.
[^2]: So in original. Probably should be “mean”.
[^3]: So in original.
[^4]: See References in Text note below.

## Source credit

(Pub. L. 96–510, title I, § 101, Dec. 11, 1980, 94 Stat. 2767; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–499, title I, §§ 101, 114(b), 127(a), title V, § 517(c)(2), Oct. 17, 1986, 100 Stat. 1615, 1652, 1692, 1774; Pub. L. 100–707, title I, § 109(v), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 103–429, § 7(e)(1), Oct. 31, 1994, 108 Stat. 4390; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], title II, § 2502(b), Sept. 30, 1996, 110 Stat. 3009, 3009–41, 3009–464; Pub. L. 104–287, § 6(j)(1), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106–74, title IV, § 427, Oct. 20, 1999, 113 Stat. 1095; Pub. L. 107–118, title II, §§ 211(a), 222(a), 223, 231(a), Jan. 11, 2002, 115 Stat. 2360, 2370, 2372, 2375; Pub. L. 115–141, div. N, §§ 2–5(a), Mar. 23, 2018, 132 Stat. 1052, 1053.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in pars. (5), (13), (20)(D), (G), (35)(C), (D), (39)(B)(iii), (D)(ii)(II)(bb), and (40)(A)(ii)(II), (B)(vii), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, 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, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. Part C of the Safe Drinking Water Act is classified generally to part C (§ 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, which is classified principally to chapter 38 (§ 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, § 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 (§ 1857 et seq.) of this title. On enactment of Pub. L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of this title. Parts C and D of title I of the Clean Air Act are classified generally to parts C (§ 7470 et seq.) and D (§ 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, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 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, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitles C and I of the 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.

The Alaska Native Claims Settlement Act, referred to in par. (20)(E), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

The Farm Credit Act of 1971, referred to in par. (20)(H)(iv)(III), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 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, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 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 pars. (31) and (39)(B)(iv), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Clean Water Act, which is classified generally to chapter 26 (§ 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, § 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, which is classified generally to chapter 53 (§ 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.

### Amendments

2018—Par. (20)(D). Pub. L. 115–141, § 2, substituted “ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue” for “ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue”.

Par. (20)(E), (F). Pub. L. 115–141, § 3(1), (2), added subpar. (E) and redesignated former subpar. (E) as (F). Former subpar. (F) redesignated (G).

Par. (20)(G). Pub. L. 115–141, § 3(1), (3), redesignated subpar. (F) as (G) and substituted “subparagraph (F)” for “subparagraph (E)” in introductory provisions. Former subpar. (G) redesignated (H).

Par. (20)(H). Pub. L. 115–141, § 3(1), (4), redesignated subpar. (G) as (H) and substituted “of title 12) or” for “of title 12 or” in cl. (i)(II).

Par. (39)(D)(ii)(II)(bb). Pub. L. 115–141, § 4, amended item (bb) generally. Prior to amendment, item (bb) read as follows: “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”.

Par. (40). Pub. L. 115–141, § 5(a), made numerous amendments to structure of par. (40), resulting in substitution of subpar. (A) for former introductory provisions, insertion of subpar. (B) designation, heading, and introductory provisions, redesignation of former subpars. (A) to (H) as cls. (i) to (viii), respectively, of subpar. (B), redesignation of cls. and subcls. within former subpars. (A) to (H) as subcls. and items, respectively, within cls. (i) to (viii), and realignment of margins.

Par. (40)(B). Pub. L. 115–141, § 5(a)(1)(B)–(D), just prior to redesignation of subpar. (B) as cl. (ii) of subpar. (B), substituted “subclauses (II) and (III)” for “clauses (ii) and (iii)” in subcl. (I) and “clause” for “subparagraph” in subcls. (II) and (III).

Par. (40)(H)(i)(II). Pub. L. 115–141, § 5(a)(4)(A)(i), just prior to redesignation of subpar. (H)(i)(II) as cl. (viii)(I)(bb) of subpar. (B), inserted “, by a tenancy, by the instruments by which a leasehold interest in the facility is created,” after “financed”.

2002—Par. (35)(A). Pub. L. 107–118, § 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, § 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, § 211(a), added par. (39).

Par. (40). Pub. L. 107–118, § 222(a), added par. (40).

Par. (41). Pub. L. 107–118, § 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, § 101(a) [title II, § 211(b)], substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

Par. (20)(E) to (G). Pub. L. 104–208, § 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, § 101(f), struck out “, the term” after “subchapter” in introductory text.

Pars. (1) to (10). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (11). Pub. L. 99–499, § 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, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Pars. (12) to (15). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (16). Pub. L. 99–499, § 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, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (20)(A). Pub. L. 99–499, § 101(f), inserted “The term”.

Pub. L. 99–499, § 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, § 101(b)(3), in provisions following subcl. (iii), substituted a period for the semicolon at end.

Par. (20)(B), (C). Pub. L. 99–499, § 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, § 101(b)(1), (f), added subpar. (D). The part of § 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 § 101(b)(1) of Pub. L. 99–499 which added subpar. (D) ending in a period.

Par. (21). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (22). Pub. L. 99–499, § 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, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.

Par. (24). Pub. L. 99–499, § 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 § 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 § 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, § 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 § 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 § 101(e) of Pub. L. 99–499 inserting language and a period at end of par. (25).

Pars. (26), (27). Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.

Par. (28). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (29). Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.

Par. (30). Pub. L. 99–499, § 101(f), inserted “The terms”.

Par. (31). Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for “; and”.

Par. (32). Pub. L. 99–499, § 101(f), inserted “The terms”.

Pars. (33) to (36). Pub. L. 99–499, § 101(f), added pars. (33) to (36).

Par. (37). Pub. L. 99–499, § 114(b), added par. (37).

Par. (38). Pub. L. 99–499, § 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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, 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

Pub. L. 99–499, § 4, Oct. 17, 1986, 100 Stat. 1614, 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

Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

### Short Title of 2018 Amendment

Pub. L. 115–141, div. N, § 1, Mar. 23, 2018, 132 Stat. 1052, provided that: “This division [amending this section and sections 9604, 9607, and 9628 of this title] may be cited as the ‘Brownfields Utilization, Investment, and Local Development Act of 2018’ or the ‘BUILD Act’.”

Pub. L. 115–141, div. S, title XI, § 1101, Mar. 23, 2018, 132 Stat. 1147, provided that: “This title [amending section 9603 of this title and enacting provisions set out as a note under section 9603 of this title] may be cited as the ‘Fair Agricultural Reporting Method Act’ or the ‘FARM Act’.”

### Short Title of 2002 Amendments

Pub. L. 107–118, § 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, § 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, § 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

Pub. L. 104–208, div. A, title II, § 2501, Sept. 30, 1996, 110 Stat. 3009–462, provided that: “This subtitle [subtitle E (§§ 2501–2505) of title II of div. A of Pub. L. 104–208, amending this section and sections 6991b and 9607 of this title and enacting provisions set out as a note under section 6991b of this title] may be cited as the ‘Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996’.”

### Short Title of 1992 Amendment

Pub. L. 102–426, § 1, Oct. 19, 1992, 106 Stat. 2174, provided that: “This Act [amending section 9620 of this title and enacting provisions set out as a note under section 9620 of this title] may be cited as the ‘Community Environmental Response Facilitation Act’.”

### Short Title of 1986 Amendment

Pub. L. 99–499, § 1, Oct. 17, 1986, 100 Stat. 1613, provided that: “This Act [enacting subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9662, 11001 to 11005, 11021 to 11023, and 11041 to 11050 of this title, sections 2701 to 2707 and 2810 of Title 10, Armed Forces, and sections 59A, 4671, 4672, 9507, and 9508 of Title 26, Internal Revenue Code, amending this section, sections 6926, 6928, 6991 to 6991d, 6991g, 9602 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title, sections 26, 164, 275, 936, 1561, 4041, 4042, 4081, 4221, 4611, 4612, 4661, 4662, 6154, 6416, 6420, 6421, 6425, 6427, 6655, 9502, 9503, and 9506 of Title 26, and section 1416 of Title 33, Navigation and Navigable Waters, renumbering former section 2701 of Title 10 as section 2721 of Title 10, repealing sections 9631 to 9633, 9641, and 9653 of this title and sections 4681 and 4682 of Title 26, and enacting provisions set out as notes under this section, sections 6921, 6991b, 7401, 9620, 9621, 9658, 9660, 9661, and 11001 of this title, section 2703 of Title 10, sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of Title 26, and section 655 of Title 29, Labor] may be cited as the ‘Superfund Amendments and Reauthorization Act of 1986’.”

### Short Title

Pub. L. 96–510, § 1, Dec. 11, 1980, 94 Stat. 2767, provided: “That this Act [enacting this chapter, section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amending section 6911 of this title, section 1364 of Title 33, Navigation and Navigable Waters, and section 11901 of Title 49, Transportation, and enacting provisions set out as notes under section 6911 of this title and sections 1 and 4611 of Title 26] may be cited as the ‘Comprehensive Environmental Response, Compensation, and Liability Act of 1980’.”

### Definitions

Pub. L. 99–499, § 2, Oct. 17, 1986, 100 Stat. 1614, provided that: “As used in this Act [see Short Title of 1986 Amendment note above]— CERCLA.—The term ‘CERCLA’ means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). Administrator.—The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.”

### Executive Documents

### Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.

### Territorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.