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42 U.S.C. § 9652 — Effective dates; savings provisions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9652 — Effective dates; savings provisions

**(a)** Unless otherwise provided, all provisions of this chapter shall be effective on December 11, 1980. **(b)** Any regulation issued pursuant to any provisions of [section 1321 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim) which is repealed or superseded by this chapter and which is in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder. **(c)** Any regulation— (1) respecting financial responsibility, (2) issued pursuant to any provision of law repealed or superseded by this chapter, and (3) in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder. **(d)** Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other pollutants or contaminants. The provisions of this chapter shall not be considered, interpreted, or construed in any way as reflecting a determination, in part or whole, of policy regarding the inapplicability of strict liability, or strict liability doctrines, to activities relating to hazardous substances, pollutants, or contaminants or other such activities.

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Source location: Title 42, Chapter 103, § 9652; chapter-103-comprehensive-environmental-response-compensation-and-liability.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1321 — Oil and hazardous substance liability

**(a) Definitions** For the purpose of this section, the term— (1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section; (3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) “United States”

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster 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 Environmental Protection Agency. (3) The term “barrel” means forty-two United States 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 who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1364 — Emergency powers

**(a) Emergency powers** Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary. **(b) Repealed. Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809**

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6911a — Assistant Administrator of Environmental Protection Agency; appointment, etc.

The Assistant Administrator of the Environmental Protection Agency appointed to head the Office of Solid Waste shall be in addition to the five Assistant Administrators of the Environmental Protection Agency provided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 and the additional Assistant Administrator provided by the Toxic Substances Control Act [[15 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2601&num=0&edition=prelim) et seq.], shall be appointed by the President by and with the advice and consent of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9651 — Reports and studies

**(a) Implementation experiences; identification and disposal of waste** (1) The President shall submit to the Congress, within four years after December 11, 1980, a comprehensive report on experience with the implementation of this chapter including, but not limited to— (A) the extent to which the chapter and Fund are effective in enabling Government to respond to and mitigate the effects of releases of hazardous substances; (B) a summary of past receipts and disbursements from the Fund; (C) a projection of any future funding needs remaining after the expiration of authority to collect taxes, and of the threat to public health, welfare, and the environment posed by the projected releases which create any such needs; (D) the record and experience of the Fund in recovering Fund disbursements from liable parties; (E) the record of State participation in the system of response, liability, and compensation established by this chapter; (F) the impact of the taxes imposed by subchapter II 11 See References in Text note below. of this chapter on the Nation’s balance of trade with other countries; (G) an assessment of the feasibility and desirability of a schedule of taxes which would take into account one or more of the following: the likelihood of a release of a hazardous substance, the degree of hazard and risk of harm to public health, welfare, and the environment resulting from any such release, incentives to proper handling, recycling, incineration, and neutralization of hazardous wastes, and disincentives to improper or illegal handling or disposal of hazardous materials, administrative and reporting burdens on Government and industry, and the extent to which the tax burden falls on the substances and parties which create the problems addressed by t

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9652 — Effective dates; savings provisions

Page 7805 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9654 1 See References in Text note below. meaning title II of Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Rev- enue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26. 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. For effective date of this chapter, referred to in sub- sec. (a)(2), see section 9652 of this title. Subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid Waste Disposal Act of 1980, referred to in sub- sec. (a)(2), probably mean section 3001(b)(2)(B) and (3)(A) of the Solid Waste Disposal Act, as amended by the Solid Waste Disposal Act Amendments of 1980, which enacted section 6921(b)(2)(B) and (3)(A) of this title. The Solid Waste Disposal Act, referred to in subsecs. (a)(2) and (d)(C), 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. Subtitle C of the Solid Waste Disposal Act is classified generally to sub- chapter III (§ 6921 et seq.) 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. CODIFICATION Subsec. (h) of this section, which required the Admin- istrator of the Environmental Protection Agency to submit an annual

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