--- kind: "section" citation: "42 U.S.C. § 9607" title: "42" title_heading: "The Public Health and Welfare" number: "9607" heading: "Liability" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/9607" units: - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability" - "Subchapter I — Hazardous Substances Releases, Liability, Compensation" --- # §9607. Liability - (a) **Covered persons; scope; recoverable costs and damages; interest rate; “comparable maturity” date—** Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in [subsection (b)](#b) of this section— - (1) the [owner](/usc/42/13641.md?p=4) and operator of a [vessel](/usc/42/9601.md?p=28) or a [facility](/usc/42/9601.md?p=9), - (2) any [person](/usc/42/9601.md?p=21) who at the time of [disposal](/usc/42/9601.md?p=29) of any [hazardous substance](/usc/42/9601.md?p=14) owned or operated any [facility](/usc/42/9601.md?p=9) at which such [hazardous substances](/usc/42/9601.md?p=14) were disposed of, - (3) any [person](/usc/42/9601.md?p=21) who by contract, agreement, or otherwise arranged for [disposal](/usc/42/9601.md?p=29) or [treatment](/usc/42/9601.md?p=29), or arranged with a transporter for [transport](/usc/42/9601.md?p=26) for [disposal](/usc/42/9601.md?p=29) or [treatment](/usc/42/9601.md?p=29), of [hazardous substances](/usc/42/9601.md?p=14) owned or possessed by such [person](/usc/42/9601.md?p=21), by any other party or entity, at any [facility](/usc/42/9601.md?p=9) or [incineration vessel](/usc/42/9601.md?p=38) owned or operated by another party or entity and containing such [hazardous substances](/usc/42/9601.md?p=14), and - (4) any [person](/usc/42/9601.md?p=21) who accepts or accepted any [hazardous substances](/usc/42/9601.md?p=14) for [transport](/usc/42/9601.md?p=26) to [disposal](/usc/42/9601.md?p=29) or [treatment](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9), [incineration vessels](/usc/42/9601.md?p=38) or sites selected by such [person](/usc/42/9601.md?p=21), from which there is a [release](/usc/42/9601.md?p=22), or a threatened [release](/usc/42/9601.md?p=22) which causes the incurrence of [response](/usc/42/9601.md?p=25) costs, of a [hazardous substance](/usc/42/9601.md?p=14), shall be [liable](/usc/42/9601.md?p=32) for— - (A) all costs of [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) incurred by the [United States](/usc/42/9601.md?p=27) Government or a [State](/usc/42/9601.md?p=27) or an [Indian tribe](/usc/42/9601.md?p=36) not inconsistent with the [national contingency plan](/usc/42/9601.md?p=31); - (B) any other necessary costs of [response](/usc/42/9601.md?p=25) incurred by any other [person](/usc/42/9601.md?p=21) consistent with the [national contingency plan](/usc/42/9601.md?p=31); - (C) [damages](/usc/42/9601.md?p=6) for injury to, destruction of, or loss of [natural resources](/usc/42/9601.md?p=16), including the reasonable costs of assessing such injury, destruction, or loss resulting from such a [release](/usc/42/9601.md?p=22); and - (D) the costs of any health assessment or health effects study carried out under [section 9604(i) of this title](/usc/42/9604.md?p=i). The amounts recoverable in an action under this section shall include interest on the amounts recoverable under subparagraphs (A) through (D). Such interest shall accrue from the later of (i) the date payment of a specified amount is demanded in writing, or (ii) the date of the expenditure concerned. The rate of interest on the outstanding unpaid balance of the amounts recoverable under this section shall be the same rate as is specified for interest on investments of the [Hazardous Substance](/usc/42/9601.md?p=14) Superfund established under subchapter A of chapter 98 of title 26. For purposes of applying such amendments to interest under this subsection, the term “comparable maturity” shall be determined with reference to the date on which interest accruing under this subsection com­mences. - (b) **Defenses—** There shall be no [liability](/usc/42/9601.md?p=32) under [subsection (a)](#a) of this section for a [person](/usc/42/9601.md?p=21) otherwise [liable](/usc/42/9601.md?p=32) who can establish by a preponderance of the evidence that the [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) and the [damages](/usc/42/9601.md?p=6) resulting therefrom were caused solely by— - (1) an [act of God](/usc/42/9601.md?p=1); - (2) an act of war; - (3) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a [contractual relationship](/usc/42/9601.md?p=35-A), existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (a) he exercised due care with respect to the [hazardous substance](/usc/42/9601.md?p=14) concerned, taking into consideration the characteristics of such [hazardous substance](/usc/42/9601.md?p=14), in light of all relevant facts and circumstances, and (b) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or - (4) any combination of the foregoing paragraphs. - (c) **Determination of amounts—** - (1) Except as provided in paragraph (2) of this subsection, the [liability](/usc/42/9601.md?p=32) under this section of an [owner or operator](/usc/42/9601.md?p=20-A) or other responsible [person](/usc/42/9601.md?p=21) for each [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) or incident involving [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) shall not exceed— - (A) for any [vessel](/usc/42/9601.md?p=28), other than an [incineration vessel](/usc/42/9601.md?p=38), which carries any [hazardous substance](/usc/42/9601.md?p=14) as cargo or residue, $300 per gross ton, or $5,000,000, whichever is greater; - (B) for any other [vessel](/usc/42/9601.md?p=28), other than an [incineration vessel](/usc/42/9601.md?p=38), $300 per gross ton, or $500,000, whichever is greater; - (C) for any motor vehicle, aircraft, hazardous liquid pipeline [facility](/usc/42/9601.md?p=9) (as defined in [section 60101(a) of title 49](/usc/49/60101.md?p=a)), or rolling stock, $50,000,000 or such lesser amount as the President shall establish by regulation, but in no event less than $5,000,000 (or, for [releases](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) as defined in [section 9601(14)(A) of this title](/usc/42/9601.md) into the [navigable waters](/usc/42/9601.md?p=15), $8,000,000). Such regulations shall take into account the size, type, location, storage, and handling capacity and other matters relating to the likelihood of [release](/usc/42/9601.md?p=22) in each such class and to the economic impact of such limits on each such class; or - (D) for any [incineration vessel](/usc/42/9601.md?p=38) or any [facility](/usc/42/9601.md?p=9) other than those specified in subparagraph (C) of this paragraph, the total of all costs of [response](/usc/42/9601.md?p=25) plus $50,000,000 for any [damages](/usc/42/9601.md?p=6) under this subchapter. - (2) Notwithstanding the limitations in paragraph (1) of this subsection, the [liability](/usc/42/9601.md?p=32) of an [owner or operator](/usc/42/9601.md?p=20-A) or other responsible [person](/usc/42/9601.md?p=21) under this section shall be the full and total costs of [response](/usc/42/9601.md?p=25) and [damages](/usc/42/9601.md?p=6), if (A)(i) the [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) was the result of willful misconduct or willful negligence within the privity or knowledge of such [person](/usc/42/9601.md?p=21), or (ii) the primary cause of the [release](/usc/42/9601.md?p=22) was a [violation](/usc/42/2000e–16a.md?p=c) (within the privity or knowledge of such [person](/usc/42/9601.md?p=21)) of applicable safety, [construction](/usc/42/300s–3.md?p=7), or operating standards or regulations; or (B) such [person](/usc/42/9601.md?p=21) fails or refuses to provide all reasonable cooperation and assistance requested by a responsible public official in connection with [response](/usc/42/9601.md?p=25) activities under the [national contingency plan](/usc/42/9601.md?p=31) with respect to regulated carriers subject to the provisions of [title 49](/usc/49.md) or [vessels](/usc/42/9601.md?p=28) subject to the provisions of title [33](/usc/33.md) or [46](/usc/46.md), subparagraph (A)(ii) of this paragraph shall be deemed to refer to Federal standards or regulations. - (3) If any [person](/usc/42/9601.md?p=21) who is [liable](/usc/42/9601.md?p=32) for a [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) fails without sufficient cause to properly provide [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) upon order of the President pursuant to section [9604](/usc/42/9604.md) or [9606](/usc/42/9606.md) of this title, such [person](/usc/42/9601.md?p=21) may be [liable](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) for punitive [damages](/usc/42/9601.md?p=6) in an amount at least equal to, and not more than three times, the amount of any costs incurred by the [Fund](/usc/42/9601.md?p=11) as a result of such failure to take proper action. The President is authorized to commence a civil action against any such [person](/usc/42/9601.md?p=21) to recover the punitive [damages](/usc/42/9601.md?p=6), which shall be in addition to any costs recovered from such [person](/usc/42/9601.md?p=21) pursuant to [section 9612(c) of this title](/usc/42/9612.md?p=c). Any moneys received by the [United States](/usc/42/9601.md?p=27) pursuant to this subsection shall be deposited in the [Fund](/usc/42/9601.md?p=11). - (d) **Rendering care or advice—** - (1) **In general—** Except as provided in [paragraph (2)](#d-2), no [person](/usc/42/9601.md?p=21) shall be [liable](/usc/42/9601.md?p=32) under this subchapter for costs or [damages](/usc/42/9601.md?p=6) as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the [National Contingency Plan](/usc/42/9601.md?p=31) (“NCP”) or at the direction of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the [environment](/usc/42/9601.md?p=8) as a result of any [releases](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) or the threat thereof. This paragraph shall not preclude [liability](/usc/42/9601.md?p=32) for costs or [damages](/usc/42/9601.md?p=6) as the result of negligence on the part of such [person](/usc/42/9601.md?p=21). - (2) **State and local governments—** No [State](/usc/42/9601.md?p=27) or local government shall be [liable](/usc/42/9601.md?p=32) under this subchapter for costs or [damages](/usc/42/9601.md?p=6) as a result of actions taken in [response](/usc/42/9601.md?p=25) to an emergency created by the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) generated by or from a [facility](/usc/42/9601.md?p=9) owned by another [person](/usc/42/9601.md?p=21). This paragraph shall not preclude [liability](/usc/42/9601.md?p=32) for costs or [damages](/usc/42/9601.md?p=6) as a result of gross negligence or intentional misconduct by the [State](/usc/42/9601.md?p=27) or local government. For the purpose of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence. - (3) **Savings provision—** This subsection shall not alter the [liability](/usc/42/9601.md?p=32) of any [person](/usc/42/9601.md?p=21) covered by the provisions of paragraph [(1)](#a-1), [(2)](#a-2), [(3)](#a-3), or [(4)](#a-4) of subsection (a) of this section with respect to the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) concerned. - (e) **Indemnification, hold harmless, etc., agreements or conveyances; subrogation rights—** - (1) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the [owner or operator](/usc/42/9601.md?p=20-A) of any [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) or from any [person](/usc/42/9601.md?p=21) who may be [liable](/usc/42/9601.md?p=32) for a [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) under this section, to any other [person](/usc/42/9601.md?p=21) the [liability](/usc/42/9601.md?p=32) imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such agreement for any [liability](/usc/42/9601.md?p=32) under this section. - (2) Nothing in this subchapter, including the provisions of paragraph (1) of this subsection, shall bar a cause of action that an [owner or operator](/usc/42/9601.md?p=20-A) or any other [person](/usc/42/9601.md?p=21) subject to [liability](/usc/42/9601.md?p=32) under this section, or a [guarantor](/usc/42/9601.md?p=13), has or would have, by reason of subrogation or otherwise against any [person](/usc/42/9601.md?p=21). - (f) **Natural resources liability; designation of public trustees of natural resources—** - (1) **Natural resources liability—** In the case of an injury to, destruction of, or loss of [natural resources](/usc/42/9601.md?p=16) under subparagraph (C) of subsection (a) [liability](/usc/42/9601.md?p=32) shall be to the [United States](/usc/42/9601.md?p=27) Government and to any [State](/usc/42/9601.md?p=27) for [natural resources](/usc/42/9601.md?p=16) within the [State](/usc/42/9601.md?p=27) or belonging to, managed by, controlled by, or appertaining to such [State](/usc/42/9601.md?p=27) and to any [Indian tribe](/usc/42/9601.md?p=36) for [natural resources](/usc/42/9601.md?p=16) belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation: Provided, however, That no [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) or [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36) shall be imposed under subparagraph (C) of subsection (a), where the party sought to be charged has demonstrated that the [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) complained of were specifically identified as an irreversible and irretrievable commitment of [natural resources](/usc/42/9601.md?p=16) in an environmental impact statement, or other comparable [environment](/usc/42/9601.md?p=8) analysis, and the decision to grant a permit or license authorizes such commitment of [natural resources](/usc/42/9601.md?p=16), and the [facility](/usc/42/9601.md?p=9) or [project](/usc/42/13641.md?p=2) was otherwise operating within the terms of its permit or license, so long as, in the case of [damages](/usc/42/9601.md?p=6) to an [Indian tribe](/usc/42/9601.md?p=36) occurring pursuant to a Federal permit or license, the issuance of that permit or license was not inconsistent with the fiduciary duty of the [United States](/usc/42/9601.md?p=27) with respect to such [Indian tribe](/usc/42/9601.md?p=36). The President, or the authorized representative of any [State](/usc/42/9601.md?p=27), shall act on behalf of the public as trustee of such [natural resources](/usc/42/9601.md?p=16) to recover for such [damages](/usc/42/9601.md?p=6). Sums recovered by the [United States](/usc/42/9601.md?p=27) Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such [natural resources](/usc/42/9601.md?p=16). Sums recovered by a [State](/usc/42/9601.md?p=27) as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such [natural resources](/usc/42/9601.md?p=16) by the [State](/usc/42/9601.md?p=27). The measure of [damages](/usc/42/9601.md?p=6) in any action under subparagraph (C) of subsection (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this chapter for natural resource [damages](/usc/42/9601.md?p=6), including the costs of damage assessment or restoration, rehabilitation, or acquisition for the same [release](/usc/42/9601.md?p=22) and natural resource. There shall be no recovery under the authority of subparagraph (C) of subsection (a) where such [damages](/usc/42/9601.md?p=6) and the [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) from which such [damages](/usc/42/9601.md?p=6) resulted have occurred wholly before December 11, 1980. - (2) **Designation of Federal and State officials—** - (A) **Federal—** The President shall designate in the [National Contingency Plan](/usc/42/9601.md?p=31) published under [section 9605 of this title](/usc/42/9605.md) the Federal officials who shall act on behalf of the public as trustees for [natural resources](/usc/42/9601.md?p=16) under this chapter and [section 1321 of title 33](/usc/33/1321.md). Such officials shall assess [damages](/usc/42/9601.md?p=6) for injury to, destruction of, or loss of [natural resources](/usc/42/9601.md?p=16) for purposes of this chapter and such [section 1321 of title 33](/usc/33/1321.md) for those resources under their trusteeship and may, upon request of and reimbursement from a [State](/usc/42/9601.md?p=27) and at the Federal officials’ discretion, assess [damages](/usc/42/9601.md?p=6) for those [natural resources](/usc/42/9601.md?p=16) under the [State](/usc/42/9601.md?p=27)’s trusteeship. - (B) **State—** The Governor of each [State](/usc/42/9601.md?p=27) shall designate [State](/usc/42/9601.md?p=27) officials who may act on behalf of the public as trustees for [natural resources](/usc/42/9601.md?p=16) under this chapter and [section 1321 of title 33](/usc/33/1321.md) and shall notify the President of such designations. Such [State](/usc/42/9601.md?p=27) officials shall assess [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) for the purposes of this chapter and such [section 1321 of title 33](/usc/33/1321.md) for those [natural resources](/usc/42/9601.md?p=16) under their trusteeship. - (C) **Rebuttable presumption—** Any determination or assessment of [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) for the purposes of this chapter and [section 1321 of title 33](/usc/33/1321.md) made by a Federal or [State](/usc/42/9601.md?p=27) trustee in accordance with the regulations promulgated under [section 9651(c) of this title](/usc/42/9651.md?p=c) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this chapter or [section 1321 of title 33](/usc/33/1321.md). - (g) **Federal agencies—** For provisions relating to Federal [agencies](/usc/42/8262.md?p=1), see [section 9620 of this title](/usc/42/9620.md). - (h) **Owner or operator of vessel—** The [owner or operator](/usc/42/9601.md?p=20-A) of a [vessel](/usc/42/9601.md?p=28) shall be [liable](/usc/42/9601.md?p=32) in accordance with this section, under maritime tort law, and as provided under [section 9614 of this title](/usc/42/9614.md) notwithstanding any provision of the Act of March 3, 1851 ([46 U.S.C. 183ff](https://uscode.house.gov/view.xhtml?req=(/us/usc/t46/s183ff)))[^1] or the absence of any physical damage to the proprietary interest of the [claimant](/usc/42/9601.md?p=5). - (i) **Application of a registered pesticide product—** No [person](/usc/42/9601.md?p=21) (including the [United States](/usc/42/9601.md?p=27) or any [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36)) may recover under the authority of this section for any [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6) resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](/usc/7/136.md) et seq.]. Nothing in this paragraph shall affect or modify in any way the obligations or [liability](/usc/42/9601.md?p=32) of any [person](/usc/42/9601.md?p=21) under any other provision of [State](/usc/42/9601.md?p=27) or Federal law, including common law, for [damages](/usc/42/9601.md?p=6), injury, or loss resulting from a [release](/usc/42/9601.md?p=22) of any [hazardous substance](/usc/42/9601.md?p=14) or for [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) or the costs of [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) of such [hazardous substance](/usc/42/9601.md?p=14). - (j) **Obligations or liability pursuant to federally permitted release—** Recovery by any [person](/usc/42/9601.md?p=21) (including the [United States](/usc/42/9601.md?p=27) or any [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36)) for [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6) resulting from a [federally permitted release](/usc/42/9601.md?p=10) shall be pursuant to existing law in lieu of this section. Nothing in this paragraph shall affect or modify in any way the obligations or [liability](/usc/42/9601.md?p=32) of any [person](/usc/42/9601.md?p=21) under any other provision of [State](/usc/42/9601.md?p=27) or Federal law, including common law, for [damages](/usc/42/9601.md?p=6), injury, or loss resulting from a [release](/usc/42/9601.md?p=22) of any [hazardous substance](/usc/42/9601.md?p=14) or for [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) or the costs of [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) of such [hazardous substance](/usc/42/9601.md?p=14). In addition, costs of [response](/usc/42/9601.md?p=25) incurred by the Federal Government in connection with a discharge specified in [section 9601(10)(B)](/usc/42/9601.md) or (C) of this title shall be recoverable in an action brought under [section 1319(b) of title 33](/usc/33/1319.md?p=b). - (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—** - (1) The [liability](/usc/42/9601.md?p=32) established by this section or any other law for the [owner or operator](/usc/42/9601.md?p=20-A) of a [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facility](/usc/42/9601.md?p=9) which has received a permit under subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.], shall be transferred to and assumed by the Post-closure [Liability](/usc/42/9601.md?p=32) [Fund](/usc/42/9601.md?p=11) established by [section 9641](/usc/42/9641.md)[^1] of this title when— - (A) such [facility](/usc/42/9601.md?p=9) and the [owner](/usc/42/13641.md?p=4) and operator thereof has complied with the requirements of subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.] and regulations issued thereunder, which may affect the performance of such [facility](/usc/42/9601.md?p=9) after closure; and - (B) such [facility](/usc/42/9601.md?p=9) has been closed in accordance with such regulations and the conditions of such permit, and such [facility](/usc/42/9601.md?p=9) and the surrounding area have been monitored as required by such regulations and permit conditions for a period not to exceed five years after closure to demonstrate that there is no substantial likelihood that any migration offsite or [release](/usc/42/9601.md?p=22) from confinement of any [hazardous substance](/usc/42/9601.md?p=14) or other risk to public health or welfare will occur. - (2) Such transfer of [liability](/usc/42/9601.md?p=32) shall be effective ninety days after the [owner or operator](/usc/42/9601.md?p=20-A) of such [facility](/usc/42/9601.md?p=9) notifies the [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (and the [State](/usc/42/9601.md?p=27) where it has an authorized program under section 3006(b) of the Solid Waste Disposal Act [[42 U.S.C. 6926(b)](/usc/42/6926.md?p=b)]) that the conditions imposed by this subsection have been satisfied. If within such ninety-day period the [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) or such [State](/usc/42/9601.md?p=27) determines that any such [facility](/usc/42/9601.md?p=9) has not complied with all the conditions imposed by this subsection or that insufficient information has been provided to demonstrate such compliance, the [Administrator](/usc/42/9601.md?p=2) or such [State](/usc/42/9601.md?p=27) shall so notify the [owner](/usc/42/13641.md?p=4) and operator of such [facility](/usc/42/9601.md?p=9) and the [administrator](/usc/42/9601.md?p=2) of the [Fund](/usc/42/9601.md?p=11) established by [section 9641](/usc/42/9641.md)[^1] of this title, and the [owner](/usc/42/13641.md?p=4) and operator of such [facility](/usc/42/9601.md?p=9) shall continue to be [liable](/usc/42/9601.md?p=32) with respect to such [facility](/usc/42/9601.md?p=9) under this section and other law until such time as the [Administrator](/usc/42/9601.md?p=2) and such [State](/usc/42/9601.md?p=27) determines that such [facility](/usc/42/9601.md?p=9) has complied with all conditions imposed by this subsection. A determination by the [Administrator](/usc/42/9601.md?p=2) or such [State](/usc/42/9601.md?p=27) that a [facility](/usc/42/9601.md?p=9) has not complied with all conditions imposed by this subsection or that insufficient information has been supplied to demonstrate compliance, shall be a final administrative action for purposes of judicial review. A request for additional information shall [state](/usc/42/9601.md?p=27) in specific terms the data required. - (3) In addition to the assumption of [liability](/usc/42/9601.md?p=32) of [owners](/usc/42/13641.md?p=4) and operators under paragraph (1) of this subsection, the Post-closure [Liability](/usc/42/9601.md?p=32) [Fund](/usc/42/9601.md?p=11) established by [section 9641](/usc/42/9641.md)[^1] of this title may be used to pay costs of monitoring and care and maintenance of a site incurred by other [persons](/usc/42/9601.md?p=21) after the period of monitoring required by regulations under subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.] for [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) meeting the conditions of paragraph (1) of this subsection. - (4) - (A) Not later than one year after December 11, 1980, the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury shall conduct a study and shall submit a report thereon to the Congress on the feasibility of establishing or qualifying an optional system of private insurance for postclosure financial responsibility for [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) to which this subsection applies. Such study shall include a specification of adequate and realistic minimum standards to assure that any such privately placed insurance will carry out the purposes of this subsection in a reliable, enforceable, and practical manner. Such a study shall include an examination of the public and private incentives, programs, and actions necessary to make privately placed insurance a practical and effective option to the financing system for the Post-closure [Liability](/usc/42/9601.md?p=32) [Fund](/usc/42/9601.md?p=11) provided in subchapter II[^1] of this chapter. - (B) Not later than eighteen months after December 11, 1980, and after a public hearing, the President shall by rule determine whether or not it is feasible to establish or qualify an optional system of private insurance for postclosure financial responsibility for [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) to which this subsection applies. If the President determines the establishment or qualification of such a system would be infeasible, he shall promptly publish an explanation of the reasons for such a determination. If the President determines the establishment or qualification of such a system would be feasible, he shall promptly publish notice of such determination. Not later than six months after an affirmative determination under the preceding sentence and after a public hearing, the President shall by rule promulgate adequate and realistic minimum standards which must be met by any such privately placed insurance, taking into account the purposes of this chapter and this subsection. Such rules shall also specify reasonably expeditious procedures by which privately placed insurance plans can qualify as meeting such minimum standards. - (C) In the event any privately placed insurance plan qualifies under [subparagraph (B)](#k-4-B), any [person](/usc/42/9601.md?p=21) enrolled in, and complying with the terms of, such plan shall be excluded from the provisions of paragraphs (1), (2), and (3) of this subsection and exempt from the requirements to pay any tax or fee to the Post-closure [Liability](/usc/42/9601.md?p=32) [Fund](/usc/42/9601.md?p=11) under subchapter II[^1] of this chapter. - (D) The President may issue such rules and take such other actions as are necessary to effectuate the purposes of this paragraph. - (5) **Suspension of liability transfer.—** Notwithstanding paragraphs (1), (2), (3), and (4) of this subsection and subsection (j) of [section 9611 of this title](/usc/42/9611.md), no [liability](/usc/42/9601.md?p=32) shall be transferred to or assumed by the Post-Closure [Liability](/usc/42/9601.md?p=32) [Trust Fund](/usc/42/9601.md?p=11) established by [section 9641](/usc/42/9641.md)[^1] of this title prior to completion of the study required under paragraph (6) of this subsection, transmission of a report of such study to both Houses of Congress, and authorization of such a transfer or assumption by Act of Congress following receipt of such study and report. - (6) **Study of options for post-closure program.—** - (A) **Study.—** The Comptroller General shall conduct a study of options for a program for the management of the [liabilities](/usc/42/9601.md?p=32) associated with [hazardous waste](/usc/42/9601.md?p=29) [treatment](/usc/42/9601.md?p=29), storage, and [disposal](/usc/42/9601.md?p=29) sites after their closure which complements the policies set forth in the Hazardous and Solid Waste Amendments of 1984 and assures the protection of human health and the [environment](/usc/42/9601.md?p=8). - (B) **Program elements.—** The program referred to in [subparagraph (A)](#k-6-A) shall be designed to assure each of the following: - (i) Incentives are created and maintained for the safe management and [disposal](/usc/42/9601.md?p=29) of [hazardous wastes](/usc/42/9601.md?p=29) so as to assure protection of human health and the [environment](/usc/42/9601.md?p=8). - (ii) Members of the public will have reasonable confidence that [hazardous wastes](/usc/42/9601.md?p=29) will be managed and disposed of safely and that resources will be available to address any problems that may arise and to cover costs of long-term monitoring, care, and maintenance of such sites. - (iii) [Persons](/usc/42/9601.md?p=21) who are or seek to become [owners](/usc/42/13641.md?p=4) and operators of [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) will be able to manage their potential future [liabilities](/usc/42/9601.md?p=32) and to attract the investment capital necessary to build, operate, and close such [facilities](/usc/42/9601.md?p=9) in a manner which assures protection of human health and the [environment](/usc/42/9601.md?p=8). - (C) **Assessments.—** The study under this paragraph shall include assessments of [treatment](/usc/42/9601.md?p=29), storage, and [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) which have been or are likely to be issued a permit under section 3005 of the Solid Waste Disposal Act [[42 U.S.C. 6925](/usc/42/6925.md)] and the likelihood of future insolvency on the part of [owners](/usc/42/13641.md?p=4) and operators of such [facilities](/usc/42/9601.md?p=9). Separate assessments shall be made for different classes of [facilities](/usc/42/9601.md?p=9) and for different classes of land [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) and shall include but not be limited to— - (i) the current and future financial capabilities of [facility](/usc/42/9601.md?p=9) [owners](/usc/42/13641.md?p=4) and operators; - (ii) the current and future costs associated with [facilities](/usc/42/9601.md?p=9), including the costs of routine monitoring and maintenance, compliance monitoring, corrective action, natural resource [damages](/usc/42/9601.md?p=6), and [liability](/usc/42/9601.md?p=32) for [damages](/usc/42/9601.md?p=6) to third parties; and - (iii) the availability of mechanisms by which [owners](/usc/42/13641.md?p=4) and operators of such [facilities](/usc/42/9601.md?p=9) can assure that current and future costs, including post-closure costs, will be financed. - (D) **Procedures.—** In carrying out the responsibilities of this paragraph, the Comptroller General shall consult with the [Administrator](/usc/42/9601.md?p=2), the [Secretary](/usc/42/242q–4.md?p=2) of Commerce, the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury, and the heads of other appropriate Federal [agencies](/usc/42/8262.md?p=1). - (E) **Consideration of options.—** In conducting the study under this paragraph, the Comptroller General shall consider various mechanisms and combinations of mechanisms to complement the policies set forth in the Hazardous and Solid Waste Amendments of 1984 to serve the purposes set forth in [subparagraph (B)](#k-6-B) and to assure that the current and future costs associated with [hazardous waste](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9), including post-closure costs, will be adequately financed and, to the greatest extent possible, borne by the [owners](/usc/42/13641.md?p=4) and operators of such [facilities](/usc/42/9601.md?p=9). Mechanisms to be considered include, but are not limited to— - (i) revisions to closure, post-closure, and financial responsibility requirements under subtitles C and I of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq., 6991 et seq.]; - (ii) voluntary risk pooling by [owners](/usc/42/13641.md?p=4) and operators; - (iii) legislation to require risk pooling by [owners](/usc/42/13641.md?p=4) and operators; - (iv) modification of the Post-Closure [Liability](/usc/42/9601.md?p=32) [Trust Fund](/usc/42/9601.md?p=11) previously established by [section 9641](/usc/42/9641.md)[^1] of this title, and the conditions for transfer of [liability](/usc/42/9601.md?p=32) under this subsection, including limiting the transfer of some or all [liability](/usc/42/9601.md?p=32) under this subsection only in the case of insolvency of [owners](/usc/42/13641.md?p=4) and operators; - (v) private insurance; - (vi) insurance provided by the Federal Government; - (vii) coinsurance, reinsurance, or pooled-risk insurance, whether provided by the private sector or provided or assisted by the Federal Government; and - (viii) creation of a new program to be administered by a new or existing Federal [agency](/usc/42/8262.md?p=1) or by a federally chartered [corporation](/usc/42/2297h.md?p=2). - (F) **Recommendations.—** The Comptroller General shall consider options for funding any program under this section and shall, to the extent necessary, make recommendations to the appropriate committees of Congress for additional authority to implement such program. - (l) **Federal lien—** - (1) **In general—** All costs and [damages](/usc/42/9601.md?p=6) for which a [person](/usc/42/9601.md?p=21) is [liable](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under [subsection (a)](#a) of this section (other than the [owner or operator](/usc/42/9601.md?p=20-A) of a [vessel](/usc/42/9601.md?p=28) under [paragraph (1)](#a-1) of subsection (a)) shall constitute a lien in favor of the [United States](/usc/42/9601.md?p=27) upon all real property and rights to such property which— - (A) belong to such [person](/usc/42/9601.md?p=21); and - (B) are subject to or affected by a [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24). - (2) **Duration—** The lien imposed by this subsection shall arise at the later of the following: - (A) The time costs are first incurred by the [United States](/usc/42/9601.md?p=27) with respect to a [response](/usc/42/9601.md?p=25) action under this chapter. - (B) The time that the [person](/usc/42/9601.md?p=21) referred to in [paragraph (1)](#l-1) is provided (by certified or registered mail) written notice of potential [liability](/usc/42/9601.md?p=32). Such lien shall continue until the [liability](/usc/42/9601.md?p=32) for the costs (or a judgment against the [person](/usc/42/9601.md?p=21) arising out of such [liability](/usc/42/9601.md?p=32)) is satisfied or becomes unenforceable through operation of the statute of limitations provided in [section 9613 of this title](/usc/42/9613.md). - (3) **Notice and validity—** The lien imposed by this subsection shall be subject to the rights of any purchaser, holder of a [security interest](/usc/42/9601.md?p=20-H-vi), or judgment lien creditor whose interest is perfected under applicable [State](/usc/42/9601.md?p=27) law before notice of the lien has been filed in the appropriate office within the [State](/usc/42/9601.md?p=27) (or county or other governmental subdivision), as designated by [State](/usc/42/9601.md?p=27) law, in which the real property subject to the lien is located. Any such purchaser, holder of a [security interest](/usc/42/9601.md?p=20-H-vi), or judgment lien creditor shall be afforded the same protections against the lien imposed by this subsection as are afforded under [State](/usc/42/9601.md?p=27) law against a judgment lien which arises out of an unsecured obligation and which arises as of the time of the filing of the notice of the lien imposed by this subsection. If the [State](/usc/42/9601.md?p=27) has not by law designated one office for the receipt of such notices of liens, the notice shall be filed in the office of the clerk of the [United States](/usc/42/9601.md?p=27) district court for the district in which the real property is located. For purposes of this subsection, the terms “purchaser” and “[security interest](/usc/42/9601.md?p=20-H-vi)” shall have the definitions provided under [section 6323(h) of title 26](/usc/26/6323.md?p=h). - (4) **Action in rem—** The costs constituting the lien may be recovered in an action in rem in the [United States](/usc/42/9601.md?p=27) district court for the district in which the [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) is occurring or has occurred. Nothing in this subsection shall affect the right of the [United States](/usc/42/9601.md?p=27) to bring an action against any [person](/usc/42/9601.md?p=21) to recover all costs and [damages](/usc/42/9601.md?p=6) for which such [person](/usc/42/9601.md?p=21) is [liable](/usc/42/9601.md?p=32) under [subsection (a)](#a) of this section. - (m) **Maritime lien—** All costs and [damages](/usc/42/9601.md?p=6) for which the [owner or operator](/usc/42/9601.md?p=20-A) of a [vessel](/usc/42/9601.md?p=28) is [liable](/usc/42/9601.md?p=32) under [subsection (a)(1)](#a-1) with respect to a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) from such [vessel](/usc/42/9601.md?p=28) shall constitute a maritime lien in favor of the [United States](/usc/42/9601.md?p=27) on such [vessel](/usc/42/9601.md?p=28). Such costs may be recovered in an action in rem in the district court of the [United States](/usc/42/9601.md?p=27) for the district in which the [vessel](/usc/42/9601.md?p=28) may be found. Nothing in this subsection shall affect the right of the [United States](/usc/42/9601.md?p=27) to bring an action against the [owner or operator](/usc/42/9601.md?p=20-A) of such [vessel](/usc/42/9601.md?p=28) in any court of competent jurisdiction to recover such costs. - (n) **Liability of fiduciaries—** - (1) **In general—** The [liability](/usc/42/9601.md?p=32) of a fiduciary under any provision of this chapter for the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) at, from, or in connection with a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity. - (2) **Exclusion—** [Paragraph (1)](#n-1) does not apply to the extent that a [person](/usc/42/9601.md?p=21) is [liable](/usc/42/9601.md?p=32) under this chapter independently of the [person](/usc/42/9601.md?p=21)’s ownership of a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) as a fiduciary or actions taken in a fiduciary capacity. - (3) **Limitation—** Paragraphs [(1)](#n-1) and [(4)](#n-4) do not limit the [liability](/usc/42/9601.md?p=32) pertaining to a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) if negligence of a fiduciary causes or contributes to the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22). - (4) **Safe harbor—** A fiduciary shall not be [liable](/usc/42/9601.md?p=32) in its personal capacity under this chapter for— - (A) undertaking or directing another [person](/usc/42/9601.md?p=21) to undertake a [response](/usc/42/9601.md?p=25) action under [subsection (d)(1)](#d-1) or under the direction of an on scene coordinator designated under the [National Contingency Plan](/usc/42/9601.md?p=31); - (B) undertaking or directing another [person](/usc/42/9601.md?p=21) to undertake any other lawful means of addressing a [hazardous substance](/usc/42/9601.md?p=14) in connection with the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9); - (C) terminating the fiduciary relationship; - (D) including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying or enforcing the term or condition; - (E) monitoring or undertaking 1 or more inspections of the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9); - (F) providing financial or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary; - (G) restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship; - (H) administering, as a fiduciary, a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) that was contaminated before the fiduciary relationship began; or - (I) declining to take any of the actions described in subparagraphs [(B)](#n-4-B) through [(H)](#n-4-H). - (5) **Definitions—** As used in this chapter: - (A) **Fiduciary—** The term “fiduciary”— - (i) means a [person](/usc/42/9601.md?p=21) acting for the benefit of another party as a bona fide— - (I) trustee; - (II) executor; - (III) [administrator](/usc/42/9601.md?p=2); - (IV) custodian; - (V) guardian of estates or guardian ad litem; - (VI) receiver; - (VII) conservator; - (VIII) committee of estates of incapacitated [persons](/usc/42/9601.md?p=21); - (IX) personal representative; - (X) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the [lender](/usc/42/9601.md?p=20-H-iv); or - (XI) representative in any other capacity that the [Administrator](/usc/42/9601.md?p=2), after providing public notice, determines to be similar to the capacities described in subclauses [(I)](#n-5-A-i-I) through [(X)](#n-5-A-i-X); and - (ii) does not include— - (I) a [person](/usc/42/9601.md?p=21) that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, 1 or more estate plans or because of the incapacity of a natural [person](/usc/42/9601.md?p=21); or - (II) a [person](/usc/42/9601.md?p=21) that acquires ownership or control of a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) with the objective purpose of avoiding [liability](/usc/42/9601.md?p=32) of the [person](/usc/42/9601.md?p=21) or of any other [person](/usc/42/9601.md?p=21). - (B) **Fiduciary capacity—** The term “fiduciary capacity” means the capacity of a [person](/usc/42/9601.md?p=21) in holding title to a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9), or otherwise having control of or an interest in the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9), pursuant to the exercise of the responsibilities of the [person](/usc/42/9601.md?p=21) as a fiduciary. - (6) **Savings clause—** Nothing in this subsection— - (A) affects the rights or immunities or other defenses that are available under this chapter or other law that is applicable to a [person](/usc/42/9601.md?p=21) subject to this subsection; or - (B) creates any [liability](/usc/42/9601.md?p=32) for a [person](/usc/42/9601.md?p=21) or a private right of action against a fiduciary or any other [person](/usc/42/9601.md?p=21). - (7) **No effect on certain persons—** Nothing in this subsection applies to a [person](/usc/42/9601.md?p=21) if the [person](/usc/42/9601.md?p=21)— - (A) - (i) acts in a capacity other than that of a fiduciary or in a beneficiary capacity; and - (ii) in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or - (B) - (i) is a beneficiary and a fiduciary with respect to the same fiduciary estate; and - (ii) as a fiduciary, receives benefits that exceed customary or reasonable compensation, and incidental benefits, permitted under other applicable law. - (8) **Limitation—** This subsection does not preclude a [claim](/usc/42/9601.md?p=4) under this chapter against— - (A) the assets of the estate or trust administered by the fiduciary; or - (B) a nonemployee agent or independent contractor retained by a fiduciary. - (o) **De micromis exemption—** - (1) **In general—** Except as provided in [paragraph (2)](#o-2), a [person](/usc/42/9601.md?p=21) shall not be [liable](/usc/42/9601.md?p=32), with respect to [response](/usc/42/9601.md?p=25) costs at a [facility](/usc/42/9601.md?p=9) on the National Priorities List, under this chapter if [liability](/usc/42/9601.md?p=32) is based solely on paragraph [(3)](#a-3) or [(4)](#a-4) of subsection (a), and the [person](/usc/42/9601.md?p=21), except as provided in paragraph (4) of this subsection, can demonstrate that— - (A) the total amount of the material containing [hazardous substances](/usc/42/9601.md?p=14) that the [person](/usc/42/9601.md?p=21) arranged for [disposal](/usc/42/9601.md?p=29) or [treatment](/usc/42/9601.md?p=29) of, arranged with a transporter for [transport](/usc/42/9601.md?p=26) for [disposal](/usc/42/9601.md?p=29) or [treatment](/usc/42/9601.md?p=29) of, or accepted for [transport](/usc/42/9601.md?p=26) for [disposal](/usc/42/9601.md?p=29) or [treatment](/usc/42/9601.md?p=29), at the [facility](/usc/42/9601.md?p=9) was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the [Administrator](/usc/42/9601.md?p=2) may determine by regulation); and - (B) all or part of the [disposal](/usc/42/9601.md?p=29), [treatment](/usc/42/9601.md?p=29), or [transport](/usc/42/9601.md?p=26) concerned occurred before April 1, 2001. - (2) **Exceptions—** [Paragraph (1)](#o-1) shall not apply in a case in which— - (A) the President determines that— - (i) the materials containing [hazardous substances](/usc/42/9601.md?p=14) referred to in [paragraph (1)](#o-1) have contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the [response](/usc/42/9601.md?p=25) action or natural resource restoration with respect to the [facility](/usc/42/9601.md?p=9); or - (ii) the [person](/usc/42/9601.md?p=21) has failed to comply with an information request or administrative subpoena issued by the President under this chapter or has impeded or is impeding, through action or inaction, the performance of a [response](/usc/42/9601.md?p=25) action or natural resource restoration with respect to the [facility](/usc/42/9601.md?p=9); or - (B) a [person](/usc/42/9601.md?p=21) has been convicted of a criminal [violation](/usc/42/2000e–16a.md?p=c) for the conduct to which the exemption would apply, and that conviction has not been vitiated on appeal or otherwise. - (3) **No judicial review—** A determination by the President under [paragraph (2)(A)](#o-2-A) shall not be subject to judicial review. - (4) **Nongovernmental third-party contribution actions—** In the case of a contribution action, with respect to [response](/usc/42/9601.md?p=25) costs at a [facility](/usc/42/9601.md?p=9) on the National Priorities List, brought by a party, other than a Federal, [State](/usc/42/9601.md?p=27), or local government, under this chapter, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraph (1)(A) and (B) of this subsection are not met. - (p) **Municipal solid waste exemption—** - (1) **In general—** Except as provided in paragraph (2) of this subsection, a [person](/usc/42/9601.md?p=21) shall not be [liable](/usc/42/9601.md?p=32), with respect to [response](/usc/42/9601.md?p=25) costs at a [facility](/usc/42/9601.md?p=9) on the National Priorities List, under [paragraph (3)](#a-3) of subsection (a) for municipal solid waste disposed of at a [facility](/usc/42/9601.md?p=9) if the [person](/usc/42/9601.md?p=21), except as provided in paragraph (5) of this subsection, can demonstrate that the [person](/usc/42/9601.md?p=21) is— - (A) an [owner](/usc/42/13641.md?p=4), operator, or lessee of residential property from which all of the [person](/usc/42/9601.md?p=21)’s municipal solid waste was generated with respect to the [facility](/usc/42/9601.md?p=9); - (B) a business entity (including a parent, subsidiary, or affiliate of the entity) that, during its 3 taxable years preceding the date of transmittal of written notification from the President of its potential [liability](/usc/42/9601.md?p=32) under this section, employed on average not more than 100 full-time individuals, or the equivalent thereof, and that is a small business concern (within the meaning of the Small Business Act ([15 U.S.C. 631](/usc/15/631.md) et seq.)) from which was generated all of the municipal solid waste attributable to the entity with respect to the [facility](/usc/42/9601.md?p=9); or - (C) an organization described in [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3) and exempt from tax under [section 501(a)](/usc/42/501.md) of such title that, during its taxable year preceding the date of transmittal of written notification from the President of its potential [liability](/usc/42/9601.md?p=32) under this section, employed not more than 100 paid individuals at the location from which was generated all of the municipal solid waste attributable to the organization with respect to the [facility](/usc/42/9601.md?p=9). For purposes of this subsection, the term “affiliate” has the meaning of that term provided in the definition of “small business concern” in regulations promulgated by the Small Business Administration in accordance with the Small Business Act ([15 U.S.C. 631](/usc/15/631.md) et seq.). - (2) **Exception—** [Paragraph (1)](#p-1) shall not apply in a case in which the President determines that— - (A) the municipal solid waste referred to in [paragraph (1)](#p-1) has contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the [response](/usc/42/9601.md?p=25) action or natural resource restoration with respect to the [facility](/usc/42/9601.md?p=9); - (B) the [person](/usc/42/9601.md?p=21) has failed to comply with an information request or administrative subpoena issued by the President under this chapter; or - (C) the [person](/usc/42/9601.md?p=21) has impeded or is impeding, through action or inaction, the performance of a [response](/usc/42/9601.md?p=25) action or natural resource restoration with respect to the [facility](/usc/42/9601.md?p=9). - (3) **No judicial review—** A determination by the President under [paragraph (2)](#p-2) shall not be subject to judicial review. - (4) **Definition of municipal solid waste—** - (A) **In general—** For purposes of this subsection, the term “municipal solid waste” means waste material— - (i) generated by a household (including a single or multifamily residence); and - (ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material— - (I) is essentially the same as waste normally generated by a household; - (II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and - (III) contains a relative quantity of [hazardous substances](/usc/42/9601.md?p=14) no greater than the relative quantity of [hazardous substances](/usc/42/9601.md?p=14) contained in waste material generated by a typical single-family household. - (B) **Examples—** Examples of municipal solid waste under [subparagraph (A)](#p-4-A) include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household [hazardous waste](/usc/42/9601.md?p=29). - (C) **Exclusions—** The term “municipal solid waste” does not include— - (i) combustion ash generated by resource recovery [facilities](/usc/42/9601.md?p=9) or municipal incinerators; or - (ii) waste material from manufacturing or processing operations (including pollution control operations) that is not essentially the same as waste normally generated by households. - (5) **Burden of proof—** In the case of an action, with respect to [response](/usc/42/9601.md?p=25) costs at a [facility](/usc/42/9601.md?p=9) on the National Priorities List, brought under this section or [section 9613 of this title](/usc/42/9613.md) by— - (A) a party, other than a Federal, [State](/usc/42/9601.md?p=27), or local government, with respect to municipal solid waste disposed of on or after April 1, 2001; or - (B) any party with respect to municipal solid waste disposed of before April 1, 2001, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraphs [(1)](#p-1) and [(4)](#p-4) for exemption for entities and organizations described in paragraph [(1)(B)](#p-1-B) and (C) are not met. - (6) **Certain actions not permitted—** No contribution action may be brought by a party, other than a Federal, [State](/usc/42/9601.md?p=27), or local government, under this chapter with respect to circumstances described in [paragraph (1)(A)](#p-1-A). - (7) **Costs and fees—** A nongovernmental entity that commences, after January 11, 2002, a contribution action under this chapter shall be [liable](/usc/42/9601.md?p=32) to the defendant for all reasonable costs of defending the action, including all reasonable attorney’s fees and expert witness fees, if the defendant is not [liable](/usc/42/9601.md?p=32) for contribution based on an exemption under this subsection or [subsection (o)](#o). - (q) **Contiguous properties—** - (1) **Not considered to be an owner or operator—** - (A) **In general—** A [person](/usc/42/9601.md?p=21) that owns real property that is contiguous to or otherwise similarly situated with respect to, and that is or may be contaminated by a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) from, real property that is not owned by that [person](/usc/42/9601.md?p=21) shall not be considered to be an [owner or operator](/usc/42/9601.md?p=20-A) of a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) under paragraph [(1)](#a-1) or [(2)](#a-2) of subsection (a) solely by reason of the contamination if— - (i) the [person](/usc/42/9601.md?p=21) did not cause, contribute, or consent to the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22); - (ii) the [person](/usc/42/9601.md?p=21) is not— - (I) potentially [liable](/usc/42/9601.md?p=32), or affiliated with any other [person](/usc/42/9601.md?p=21) that is potentially [liable](/usc/42/9601.md?p=32), for [response](/usc/42/9601.md?p=25) costs at a [facility](/usc/42/9601.md?p=9) through any direct or indirect familial relationship or any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created 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](/usc/42/9601.md?p=32); - (iii) the [person](/usc/42/9601.md?p=21) takes reasonable steps to— - (I) stop any continuing [release](/usc/42/9601.md?p=22); - (II) prevent any threatened future [release](/usc/42/9601.md?p=22); and - (III) prevent or limit human, environmental, or natural resource exposure to any [hazardous substance](/usc/42/9601.md?p=14) released on or from property owned by that [person](/usc/42/9601.md?p=21); - (iv) the [person](/usc/42/9601.md?p=21) provides full cooperation, assistance, and access to [persons](/usc/42/9601.md?p=21) that are authorized to conduct [response](/usc/42/9601.md?p=25) actions or natural resource restoration at the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) from which there has been a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial [response](/usc/42/9601.md?p=25) action or natural resource restoration at the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9)); - (v) the [person](/usc/42/9601.md?p=21)— - (I) is in compliance with any land use restrictions established or relied on in connection with the [response](/usc/42/9601.md?p=25) action at the [facility](/usc/42/9601.md?p=9); and - (II) does not impede the effectiveness or integrity of any institutional control employed in connection with a [response](/usc/42/9601.md?p=25) action; - (vi) the [person](/usc/42/9601.md?p=21) is in compliance with any request for information or administrative subpoena issued by the President under this chapter; - (vii) the [person](/usc/42/9601.md?p=21) provides all legally required notices with respect to the discovery or [release](/usc/42/9601.md?p=22) of any [hazardous substances](/usc/42/9601.md?p=14) at the [facility](/usc/42/9601.md?p=9); and - (viii) at the time at which the [person](/usc/42/9601.md?p=21) acquired the property, the [person](/usc/42/9601.md?p=21)— - (I) conducted all appropriate inquiry within the meaning of [section 9601(35)(B) of this title](/usc/42/9601.md?p=35-B) with respect to the property; and - (II) did not know or have reason to know that the property was or could be contaminated by a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of one or more [hazardous substances](/usc/42/9601.md?p=14) from other real property not owned or operated by the [person](/usc/42/9601.md?p=21). - (B) **Demonstration—** To qualify as a [person](/usc/42/9601.md?p=21) described in [subparagraph (A)](#q-1-A), a [person](/usc/42/9601.md?p=21) must establish by a preponderance of the evidence that the conditions in clauses [(i)](#q-1-A-i) through [(viii)](#q-1-A-viii) of subparagraph (A) have been met. - (C) **Bona fide prospective purchaser—** Any [person](/usc/42/9601.md?p=21) that does not qualify as a [person](/usc/42/9601.md?p=21) described in this paragraph because the [person](/usc/42/9601.md?p=21) had, or had reason to have, knowledge specified in [subparagraph (A)(viii)](#q-1-A-viii) at the time of acquisition of the real property may qualify as a [bona fide prospective purchaser](/usc/42/9601.md?p=40-A) under [section 9601(40) of this title](/usc/42/9601.md?p=40) if the [person](/usc/42/9601.md?p=21) is otherwise described in that section. - (D) **Ground water—** With respect to a [hazardous substance](/usc/42/9601.md?p=14) from one or more sources that are not on the property of a [person](/usc/42/9601.md?p=21) that is a contiguous property [owner](/usc/42/13641.md?p=4) that enters [ground water](/usc/42/9601.md?p=12) beneath the property of the [person](/usc/42/9601.md?p=21) solely as a result of subsurface migration in an aquifer, [subparagraph (A)(iii)](#q-1-A-iii) shall not require the [person](/usc/42/9601.md?p=21) to conduct [ground water](/usc/42/9601.md?p=12) investigations or to install [ground water](/usc/42/9601.md?p=12) remediation systems, except in accordance with the policy of the Environmental Protection [Agency](/usc/42/8262.md?p=1) concerning [owners](/usc/42/13641.md?p=4) of property containing contaminated aquifers, dated May 24, 1995. - (2) **Effect of law—** With respect to a [person](/usc/42/9601.md?p=21) described in this subsection, nothing in this subsection— - (A) limits any defense to [liability](/usc/42/9601.md?p=32) that may be available to the [person](/usc/42/9601.md?p=21) under any other provision of law; or - (B) imposes [liability](/usc/42/9601.md?p=32) on the [person](/usc/42/9601.md?p=21) that is not otherwise imposed by [subsection (a)](#a). - (3) **Assurances—** The [Administrator](/usc/42/9601.md?p=2) may— - (A) issue an assurance that no enforcement action under this chapter will be initiated against a [person](/usc/42/9601.md?p=21) described in [paragraph (1)](#q-1); and - (B) grant a [person](/usc/42/9601.md?p=21) described in [paragraph (1)](#q-1) protection against a cost recovery or contribution action under [section 9613(f) of this title](/usc/42/9613.md?p=f). - (r) **Prospective purchaser and windfall lien—** - (1) **Limitation on liability—** Notwithstanding [subsection (a)(1)](#a-1), a [bona fide prospective purchaser](/usc/42/9601.md?p=40-A) whose potential [liability](/usc/42/9601.md?p=32) for a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) is based solely on the [bona fide prospective purchaser](/usc/42/9601.md?p=40-A) being considered to be an [owner or operator](/usc/42/9601.md?p=20-A) of a [facility](/usc/42/9601.md?p=9) shall not be [liable](/usc/42/9601.md?p=32) as long as the [bona fide prospective purchaser](/usc/42/9601.md?p=40-A) does not impede the performance of a [response](/usc/42/9601.md?p=25) action or natural resource restoration. - (2) **Lien—** If there are unrecovered [response](/usc/42/9601.md?p=25) costs incurred by the [United States](/usc/42/9601.md?p=27) at a [facility](/usc/42/9601.md?p=9) for which an [owner](/usc/42/13641.md?p=4) of the [facility](/usc/42/9601.md?p=9) is not [liable](/usc/42/9601.md?p=32) by reason of [paragraph (1)](#r-1), and if each of the conditions described in [paragraph (3)](#r-3) is met, the [United States](/usc/42/9601.md?p=27) shall have a lien on the [facility](/usc/42/9601.md?p=9), or may by agreement with the [owner](/usc/42/13641.md?p=4), obtain from the [owner](/usc/42/13641.md?p=4) a lien on any other property or other assurance of payment satisfactory to the [Administrator](/usc/42/9601.md?p=2), for the unrecovered [response](/usc/42/9601.md?p=25) costs. - (3) **Conditions—** The conditions referred to in [paragraph (2)](#r-2) are the following: - (A) **Response action—** A [response](/usc/42/9601.md?p=25) action for which there are unrecovered costs of the [United States](/usc/42/9601.md?p=27) is carried out at the [facility](/usc/42/9601.md?p=9). - (B) **Fair market value—** The [response](/usc/42/9601.md?p=25) action increases the fair market value of the [facility](/usc/42/9601.md?p=9) above the fair market value of the [facility](/usc/42/9601.md?p=9) that existed before the [response](/usc/42/9601.md?p=25) action was initiated. - (4) **Amount; duration—** A lien under [paragraph (2)](#r-2)— - (A) shall be in an amount not to exceed the increase in fair market value of the property attributable to the [response](/usc/42/9601.md?p=25) action at the time of a sale or other disposition of the property; - (B) shall arise at the time at which costs are first incurred by the [United States](/usc/42/9601.md?p=27) with respect to a [response](/usc/42/9601.md?p=25) action at the [facility](/usc/42/9601.md?p=9); - (C) shall be subject to the requirements of [subsection (l)(3)](#l-3); and - (D) shall continue until the earlier of— - (i) satisfaction of the lien by sale or other means; or - (ii) notwithstanding any statute of limitations under [section 9613 of this title](/usc/42/9613.md), recovery of all [response](/usc/42/9601.md?p=25) costs incurred at the [facility](/usc/42/9601.md?p=9). ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 96–510, title I, § 107, Dec. 11, 1980, 94 Stat. 2781; Pub. L. 99–499, title I, §§ 107(a)–(d)(2), (e), (f), 127(b), (e), title II, §§ 201, 207(c), Oct. 17, 1986, 100 Stat. 1628–1630, 1692, 1693, 1705; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–429, § 7(e)(2), Oct. 31, 1994, 108 Stat. 4390; Pub. L. 104–208, div. A, title II, § 2502(a), Sept. 30, 1996, 110 Stat. 3009–462; Pub. L. 104–287, § 6(j)(2), Oct. 11, 1996, 110 Stat. 3400; Pub. L. 107–118, title I, § 102(a), title II, §§ 221, 222(b), Jan. 11, 2002, 115 Stat. 2356, 2368, 2371; Pub. L. 115–141, div. N, § 5(b), Mar. 23, 2018, 132 Stat. 1054.) ## Notes ### Editorial Notes ### References in Text This chapter, referred to in text, 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, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. Such amendments, referred to in the last sentence of subsec. (a), probably means the amendments made by Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, known as the “Superfund Amendments and Reauthorization Act of 1986”. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 9601 of this title and Tables. Act of March 3, 1851 (46 U.S.C. 183ff), referred to in subsec. (h), is act Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the Revised Statutes as R.S. §§ 4282, 4283, 4284 to 4287 and 4289, which were classified to sections 182, 183, and 184 to 188 of the former Appendix to Title 46, Shipping, prior to being repealed and restated in chapter 305 of Title 46 by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (i), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. The Solid Waste Disposal Act, referred to in subsec. (k)(1), (3), (6)(E)(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. Subtitles C and I of the Solid Waste Disposal 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. Section 9641 of this title, referred to in subsec. (k), was repealed by Pub. L. 99–499, title V, § 514(b), Oct. 17, 1986, 100 Stat. 1767. Subchapter II of this chapter, referred to in subsec. (k)(4)(A), (C), was in the original “title II of this Act”, meaning title II of Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Revenue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96–510, which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by Pub. L. 99–499, title V, §§ 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under section 1 of Title 26 and Tables. The Hazardous and Solid Waste Amendments of 1984, referred to in subsec. (k)(6)(A), (E), is Pub. L. 98–616, Nov. 8, 1984, 98 Stat. 3221. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 6901 of this title and Tables. The Small Business Act, referred to in subsec. (p)(1), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 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 631 of Title 15 and Tables. ### Amendments 2018—Subsec. (r)(1). Pub. L. 115–141 substituted “bona fide prospective purchaser being considered” for “purchaser’s being considered”. 2002—Subsecs. (o), (p). Pub. L. 107–118, § 102(a), added subsecs. (o) and (p). Subsec. (q). Pub. L. 107–118, § 221, added subsec. (q). Subsec. (r). Pub. L. 107–118, § 222(b), added subsec. (r). 1996—Subsec. (c)(1)(C). Pub. L. 104–287 substituted “section 60101(a) of title 49” for “the Hazardous Liquid Pipeline Safety Act of 1979”. Subsec. (n). Pub. L. 104–208 added subsec. (n). 1994—Subsec. (c)(1)(C). Pub. L. 103–429 substituted “hazardous liquid pipeline facility” for “pipeline”. 1986—Subsec. (a). Pub. L. 99–514, in penultimate sentence, substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. Pub. L. 99–499, § 107(b), inserted concluding provisions relating to accrual and rate of interest on amounts recoverable under this section. Subsec. (a)(1). Pub. L. 99–499, § 107(a), struck out “(otherwise subject to the jurisdiction of the United States)” after “vessel”. Subsec. (a)(3). Pub. L. 99–499, § 127(b)(1), inserted “or incineration vessel” after “facility”. Subsec. (a)(4). Pub. L. 99–499, §§ 107(b), 127(b)(2), 207(c)(1), in introductory provisions, inserted “, incineration vessels” after “vessels”, in subpar. (A), inserted “or an Indian tribe” after “State”, and added subpar. (D). Subsec. (c)(1)(A). Pub. L. 99–499, § 127(b)(3), inserted “, other than an incineration vessel,” after “vessel”. Subsec. (c)(1)(B). Pub. L. 99–499, § 127(b)(4), inserted “other than an incineration vessel,” after “other vessel,”. Subsec. (c)(1)(D). Pub. L. 99–499, § 127(b)(5), inserted “any incineration vessel or” before “any facility”. Subsec. (d). Pub. L. 99–499, § 107(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the national contingency plan or at the direction of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat thereof. This subsection shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person. For the purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.” Subsec. (f)(1). Pub. L. 99–499, § 107(d)(1), designated existing provisions as par. (1) and added heading. Pub. L. 99–499, § 207(c)(2)(A), inserted “and to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation” after third reference to “State”. Pub. L. 99–499, § 207(c)(2)(B), inserted “or Indian tribe” after fourth reference to “State”. Pub. L. 99–499, § 207(c)(2)(C), inserted in first sentence “, so long as, in the case of damages to an Indian tribe occurring pursuant to a Federal permit or license, the issuance of that permit or license was not inconsistent with the fiduciary duty of the United States with respect to such Indian tribe”. Pub. L. 99–499, § 107(d)(2), substituted “Sums recovered by the United States Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural resources by the State. The measure of damages in any action under subparagraph (C) of subsection (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this chapter for natural resource damages, including the costs of damage assessment or restoration, rehabilitation, or acquisition for the same release and natural resource” for “Sums recovered shall be available for use to restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government or the State government, but the measure of such damages shall not be limited by the sums which can be used to restore or replace such resources”. Pub. L. 99–499, § 207(c)(2)(D), which directed the insertion of “or the Indian tribe” after “State government”, could not be executed because the prior amendment by section 107(d)(2) of Pub. L. 99–499, struck out third sentence referring to “State government”. Subsec. (f)(2). Pub. L. 99–499, § 107(d)(1), added par. (2). Subsec. (g). Pub. L. 99–499, § 107(e), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.” Subsec. (h). Pub. L. 99–499, § 127(e), inserted “, under maritime tort law,” after “with this section” and inserted “or the absence of any physical damage to the proprietary interest of the claimant” before the period at end. Subsec. (i). Pub. L. 99–499, § 207(c)(3), inserted “or Indian tribe” after “State”. Subsec. (j). Pub. L. 99–499, § 207(c)(4), inserted “or Indian tribe” after first reference to “State”. Subsec. (k)(5), (6). Pub. L. 99–499, § 201, added pars. (5) and (6). Subsec. (l). Pub. L. 99–499, § 107(f), added subsec. (l). Subsec. (l)(3). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. Subsec. (m). Pub. L. 99–499, § 107(f), added subsec. (m). ### Statutory Notes and Related Subsidiaries ### Effective Date of 1996 Amendment Amendment by 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. ### Effect on Concluded Actions Pub. L. 107–118, title I, § 103, Jan. 11, 2002, 115 Stat. 2360, provided that: “The amendments made by this title [amending this section and section 9622 of this title] shall not apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before the date of the enactment of this Act [Jan. 11, 2002].” ### Central Hazardous Materials Fund Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2116, as amended by Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2924, provided in part: “That hereafter, notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party including any fines or penalties, shall be credited to this account, to be available until expended without further appropriation: Provided further, That hereafter such sums recovered from or paid by any party are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and which shall be credited to this account.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 518. Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3041. Pub. L. 108–108, title I, § 310, Nov. 10, 2003, 117 Stat. 1243. Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 218. Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 416. Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 923. Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–136. Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–233. Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1544. Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–182. Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–157; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2500. ### Recovery of Costs Pub. L. 104–303, title II, § 209, Oct. 12, 1996, 110 Stat. 3681, provided that: “Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) for any response action taken by the Secretary in support of the civil works program of the Department of the Army and any other amounts recovered by the Secretary from a contractor, insurer, surety, or other person to reimburse the Department of the Army for any expenditure for environmental response activities in support of the Army civil works program shall be credited to the appropriate trust fund account from which the cost of such response action has been paid or will be charged.” ### Coordination of Titles I to IV of Pub. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, imposing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 of Pub. L. 99–499, set out as a note under section 1 of Title 26, Internal Revenue Code.