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42 U.S.C. § 9671 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) **Insurance** — The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law.
(2) **Pollution liability** — The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.
(3) **Risk retention group** — The term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State—
(A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and
(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person.
(4) **Purchasing group** — The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis.
(5) **State** — The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.
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Source file: Laws/federal/codes/united-states-code/title-42/section-9671-definitions--5e082fc292.md
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Source location: Title 42, Chapter 103, § 9671; chapter-103-comprehensive-environmental-response-compensation-and-liability.md
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As used in this subchapter—
(1) **Insurance** — The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law.
(2) **Pollution liability** — The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.
(3) **Risk retention group** — The term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State—
(A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and
(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person.
(4) **Purchasing group** — The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis.
(5) **State** — The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law;
(2) “liability”—
(A) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of—
(i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or
(ii) any activity of any State or local government, or any agency or political subdivision thereof; and
(B) does not include personal risk liability and an employer’s liability with respect to its employees other than legal liability under the Federal Employers’ Liability Act ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.);
(3) “personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B);
(4) “risk retention group” means any corporation or other limited liability association—
(A) whose primary activity consists of assuming, and spreading all, or any portion, of the liability exposure of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which—
(i) is chartered or licensed as
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Federal law — U.S. Code and appendices · legal_authorities
Page 7817
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9673
1986 Amendment note set out under section 9601 of this
title and Tables.
CODIFICATION
Section was enacted as part of the Superfund Amend-
ments and Reauthorization Act of 1986, and not as part
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 which comprises
this chapter.
SUBCHAPTER IV—POLLUTION INSURANCE
§ 9671. Definitions
As used in this subchapter—
(1) Insurance
The term ‘‘insurance’’ means primary insur-
ance, excess insurance, reinsurance, surplus
lines insurance, and any other arrangement
for shifting and distributing risk which is de-
termined to be insurance under applicable
State or Federal law.
(2) Pollution liability
The term ‘‘pollution liability’’ means liabil-
ity for injuries arising from the release of haz-
ardous substances or pollutants or contami-
nants.
(3) Risk retention group
The term ‘‘risk retention group’’ means any
corporation or other limited liability associa-
tion taxable as a corporation, or as an insur-
ance company, formed under the laws of any
State—
(A) whose primary activity consists of as-
suming and spreading all, or any portion, of
the pollution liability of its group members;
(B) which is organized for the primary pur-
pose of conducting the activity described
under subparagraph (A);
(C) which is chartered or licensed as an in-
surance company and authorized to engage
in the business of insurance under the laws
of any State; and
(D) which does not exclude any person
from membership in the group solely to pro-
vide for members of such a group a competi-
tive advantage over such a person.
(4) Purchasing group
The term ‘‘purchasing group’’ means any
group of persons which has as one of its pur-
poses the purchase o
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9671
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