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42 U.S.C. § 9614 — Relationship to other law

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

42 U.S.C. § 9614 — Relationship to other law

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Source location: Title 42, Chapter 103, § 9614; chapter-103-comprehensive-environmental-response-compensation-and-liability.md

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**(a) Additional State liability or requirements with respect to release of substances within State** Nothing in this chapter shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances within such State. **(b) Recovery under other State or Federal law of compensation for removal costs or damages, or payment of claims** Any person who receives compensation for removal costs or damages or claims pursuant to this chapter shall be precluded from recovering compensation for the same removal costs or damages or claims pursuant to any other State or Federal law. Any person who receives compensation for removal costs or damages or claims pursuant to any other Federal or State law shall be precluded from receiving compensation for the same removal costs or damages or claims as provided in this chapter. **(c) Recycled oil** (1) **Service station dealers, etc.** — No person (including the United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim), from a service station dealer for any response costs or damages resulting from a release or threatened release of recycled oil, or use the authority of [section 9606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9606&num=0&edition=prelim) against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim), if such recycled oil— (A) is not mixed with any other hazardous substance, and (B) is stored, treated, transported, or otherwise managed in compliance with regulations or standards promulgated pursuant to section 3014 of the Solid Waste Disposal Act [[42 U.S.C. 6935](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6935&num=0&edition=prelim)] and other applicable authorities. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release or threatened release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action. (2) **Presumption** — Solely for the purposes of this subsection, a service station dealer may presume that a small quantity of used oil is not mixed with other hazardous substances if it— (A) has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such vehicle or appliances, and (B) is presented, by such owner, to the dealer for collection, accumulation, and delivery to an oil recycling facility. (3) **Definition** — For purposes of this subsection, the terms “used oil” and “recycled oil” have the same meanings as set forth in sections 1004(36) and 1004(37) of the Solid Waste Disposal Act [[42 U.S.C. 6903(36)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/36&num=0&edition=prelim), (37)] and regulations promulgated pursuant to that Act [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.]. (4) **Effective date** — The effective date of paragraphs (1) and (2) of this subsection shall be the effective date of regulations or standards promulgated under section 3014 of the Solid Waste Disposal Act [[42 U.S.C. 6935](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6935&num=0&edition=prelim)] that include, among other provisions, a requirement to conduct corrective action to respond to any releases of recycled oil under subtitle C or subtitle I of such Act [[42 U.S.C. 6921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) et seq., 6991 et seq.]. **(d) Financial responsibility of owner or operator of vessel or facility under State or local law, rule, or regulation** Except as provided in this subchapter, no owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility in accordance with this subchapter shall be required under any State or local law, rule, or regulation to establish or maintain any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from such vessel or facility. Evidence of compliance with the financial responsibility requirements of this subchapter shall be accepted by a State in lieu of any other requirement of financial responsibility imposed by such State in connection with liability for the release of a hazardous substance from such vessel or facility.

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

42 U.S.C. § 6921 — Identification and listing of hazardous waste

**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate. **(b) Identification and listing** (1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6921

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

42 U.S.C. § 9606 — Abatement actions

**(a) Maintenance, jurisdiction, etc.** In addition to any other action taken by a State or local government, when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility, he may require the Attorney General of the United States to secure such relief as may be necessary to abate such danger or threat, and the district court of the United States in the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. The President may also, after notice to the affected State, take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and welfare and the environment. **(b) Fines; reimbursement** (1) Any person who, without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the President under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $25,000 for each day in which such violation occurs or such failure to comply continues. (2) (A) Any person who receives and complies with the terms of any order issued under subsection (a) may, within 60 days after completion of the required action, petition the President for reimbursement from the Fund for the reasonable costs of such action, plus interest. Any interest payable under this paragraph shall accrue on the amounts expended from the date of expenditure at the same rate as specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9606

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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

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

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901

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

42 U.S.C. § 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) of this section— (1) the owner and operator of a vessel or a facility, (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance, shall be liable for— (A) all costs of removal or remedial action incurred by the United States Government or a State or an Indian tribe not inconsistent with the national contingency plan; (B) any other necessary costs of response incurred by any other person consistent with the national contingency plan; (C) damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release; and (D) the costs of any health assessment or health effects study carried out under [section 9604(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9607

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

42 U.S.C. § 6935 — Restrictions on recycled oil

**(a) In general** Not later than one year after October 15, 1980, the Administrator shall promulgate regulations establishing such performance standards and other requirements as may be necessary to protect the public health and the environment from hazards associated with recycled oil. In developing such regulations, the Administrator shall conduct an analysis of the economic impact of the regulations on the oil recycling industry. The Administrator shall ensure that such regulations do not discourage the recovery or recycling of used oil, consistent with the protection of human health and the environment. **(b) Identification or listing of used oil as hazardous waste** Not later than twelve months after November 8, 1984, the Administrator shall propose whether to list or identify used automobile and truck crankcase oil as hazardous waste under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim). Not later than twenty-four months after November 8, 1984, the Administrator shall make a final determination whether to list or identify used automobile and truck crankcase oil and other used oil as hazardous wastes under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim). **(c) Used oil which is recycled** (1) With respect to generators and transporters of used oil identified or listed as a hazardous waste under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim), the standards promulgated under section 11 So in original. Probably should be “sections”. 6921(d), 6922, and 6923 of this title shall not apply to such used oil if such used

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6935

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

42 U.S.C. § 6901 — Congressional findings

Page 6921 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6901 Sec. 6985. Special study and demonstration projects on recovery of useful energy and materials. 6986. Grants for resource recovery systems and im- proved solid waste disposal facilities. 6987. Authorization of appropriations. SUBCHAPTER IX—REGULATION OF UNDERGROUND STORAGE TANKS 6991. Definitions and exemptions. 6991a. Notification. 6991b. Release detection, prevention, and correction regulations. 6991c. Approval of State programs. 6991d. Inspections, monitoring, testing, and correc- tive action. 6991e. Federal enforcement. 6991f. Federal facilities. 6991g. State authority. 6991h. Study of underground storage tanks. 6991i. Operator training. 6991j. Use of funds for release prevention and com- pliance. 6991k. Delivery prohibition. 6991l. Tanks on tribal lands. 6991m. Authorization of appropriations. SUBCHAPTER X—DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM 6992. Scope of demonstration program for medical waste. 6992a. Listing of medical wastes. 6992b. Tracking of medical waste. 6992c. Inspections. 6992d. Enforcement. 6992e. Federal facilities. 6992f. Relationship to State law. 6992g. Repealed. 6992h. Health impacts report. 6992i. General provisions. 6992j. Effective date. 6992k. Authorization of appropriations. SUBCHAPTER I—GENERAL PROVISIONS § 6901. Congressional findings (a) Solid waste The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of man- ufacture, packaging, and marketing of con- sumer products has resulted in an ever-mount- ing increase, and in a change in the character- istics, of the mass material discarded by the purchaser of such products; (2) that the econo

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901

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

42 U.S.C. § 6903 — Definitions

As used in this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903

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

42 U.S.C. § 6903 — Definitions

Page 6924 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6903 Subsec. (a)(4) to (11). Pub. L. 98–616, § 101(b)(2), struck out par. (4) which provided for regulating the treat- ment, storage, transportation, and disposal of haz- ardous wastes which have adverse effects on health and the environment, added pars. (4) to (7), and redesig- nated former pars. (5) to (8) as (8) to (11), respectively. Subsec. (b). Pub. L. 98–616, § 101(b)(1), added subsec. (b). § 6903. Definitions As used in this chapter: (1) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) The term ‘‘construction,’’ with respect to any project of construction under this chapter, means (A) the erection or building of new struc- tures and acquisition of lands or interests there- in, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or exten- sion of existing structures, and (B) the acquisi- tion and installation of initial equipment of, or required in connection with, new or newly ac- quired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor ve- hicles, and tractors, cranes, and other machin- ery) necessary for the proper utilization and op- eration of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasi- bility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, work- ing drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the proj

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6903

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

42 U.S.C. § 6921 — Identification and listing of hazardous

Page 6935 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6921 1 So in original. Probably should be ‘‘teratogens)’’. Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 6917. Office of Ombudsman (a) Establishment; functions The Administrator shall establish an Office of Ombudsman, to be directed by an Ombudsman. It shall be the function of the Office of Ombuds- man to receive individual complaints, griev- ances, requests for information submitted by any person with respect to any program or re- quirement under this chapter. (b) Authority to render assistance The Ombudsman shall render assistance with respect to the complaints, grievances, and re- quests submitted to the Office of Ombudsman, and shall make appropriate recommendations to the Administrator. (c) Effect on procedures for grievances, appeals, or administrative matters The establishment of the Office of Ombudsman shall not affect any procedures for grievances, appeals, or administrative matters in any other provision of this chapter, any other provision of law, or any Federal regulation. (d) Termination The Office of the Ombudsman shall cease to exist 4 years after November 8, 1984. (Pub. L. 89–272, title II, § 2008, as added Pub. L. 98–616, title I, § 103(a), Nov. 8, 1984, 98 Stat. 3225.) SUBCHAPTER III—HAZARDOUS WASTE MANAGEMENT § 6921. Identification and listing of hazardous waste (a) Criteria for identification or listing Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promu

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6921

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