§9613. Civil proceedings — Inbound Citations
42 U.S.C. § 9613
Cited by 8 provisions in release 119-102.
Citations to 42 U.S.C. § 9613 as a whole
-
(2) 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 with respect to a response action under this chapter.(B) The time that the person referred to in paragraph (1) is provided (by certified or registered mail) written notice of potential liability.Such lien shall continue until the liability for the costs (or a judgment against the person arising out of such liability) is satisfied or becomes unenforceable through operation of the statute of limitations provided in section 9613 of this title.
-
(5) In the case of an action, with respect to response costs at a facility on the National Priorities List, brought under this section or section 9613 of this title by—(A) a party, other than a Federal, State, 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) and (4) for exemption for entities and organizations described in paragraph (1)(B) and (C) are not met.
-
(ii) notwithstanding any statute of limitations under section 9613 of this title, recovery of all response costs incurred at the facility.
-
(g) In any action under this section, the United States or the State, or both, if not a party may intervene as a matter of right. For other provisions regarding intervention, see section 9613 of this title.
Citations to §9613(f)
-
(B) grant a person described in paragraph (1) protection against a cost recovery or contribution action under section 9613(f) of this title.
Citations to §9613(h)
-
(a) Except as provided in subsections (d) and (e) of this section and in section 9613(h) of this title (relating to timing of judicial review), any person may commence a civil action on his own behalf—(1) against any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter (including any provision of an agreement under section 9620 of this title, relating to Federal facilities); or(2) against the President or any other officer of the United States (including the Administrator of the Environmental Protection Agency and the Administrator of the ATSDR) where there is alleged a failure of the President or of such other officer to perform any act or duty under this chapter, including an act or duty under section 9620 of this title (relating to Federal facilities), which is not discretionary with the President or such other officer.Paragraph (2) shall not apply to any act or duty under the provisions of section 9660 of this title (relating to research, development, and demonstration).
-
(h) This chapter does not affect or otherwise impair the rights of any person under Federal, State, or common law, except with respect to the timing of review as provided in section 9613(h) of this title or as otherwise provided in section 9658 of this title (relating to actions under State law).