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33 U.S.C. § 2718 — Relationship to other law

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

33 U.S.C. § 2718 — Relationship to other law

**(a) Preservation of State authorities; Solid Waste Disposal Act** Nothing in this Act or the Act of March 3, 1851 shall— (1) affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to— (A) the discharge of oil or other pollution by oil within such State; or (B) any removal activities in connection with such a discharge; or (2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act ([42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.) or State law, including common law. **(b) Preservation of State funds** Nothing in this Act or in [section 9509 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9509&num=0&edition=prelim) shall in any way affect, or be construed to affect, the authority of any State— (1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or (2) to require any person to contribute to such a fund. **(c) Additional requirements and liabilities; penalties** Nothing in this Act, chapter 305 of title 46, or [section 9509 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9509&num=0&edition=prelim), shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof— (1) to impose additional liability or additional requirements; or (2) to impose, or to determine the amo

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Source location: Title 33, Chapter 40, § 2718; chapter-040-oil-pollution.md

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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

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33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “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) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

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

46 U.S.C. § 101 — Agency

In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.

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

26 U.S.C. § 9509 — Leaking Underground Storage Tank Trust Fund

**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Leaking Underground Storage Tank Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). **(b) Transfers to Trust Fund** There are hereby appropriated to the Leaking Underground Storage Tank Trust Fund amounts equivalent to— (1) taxes received in the Treasury under section 4041(d) (relating to additional taxes on motor fuels), (2) taxes received in the Treasury under section 4081 (relating to tax on gasoline, diesel fuel, and kerosene) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section, (3) taxes received in the Treasury under section 4042 (relating to tax on fuel used in commercial transportation on inland waterways) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section, and (4) amounts received in the Treasury and collected under section 9003(h)(6) of the Solid Waste Disposal Act. For purposes of this subsection, there shall not be taken into account the taxes imposed by sections 4041 and 4081 on diesel fuel sold for use or used as fuel in a diesel-powered boat. **(c) Expenditures** (1) **In general** — Except as provided in paragraphs (2), (3), and (4), amounts in the Leaking Underground Storage Tank Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out sections 9003(h), 9003(i), 9003(j), 9004(f), 9005(c), 9010, 9011, 9012, and 9013 of the Solid Waste Disposal Act as in effect on the date of the enactment of Public Law 109–168. (2) **Transfer to Highway Trust Fund** — Out o

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

33 U.S.C. § 2718 — Relationship to other law

Page 896 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2718 1 See References in Text note below. (3) Contribution No action for contribution for any removal costs or damages may be commenced more than 3 years after— (A) the date of judgment in any action under this Act for recovery of such costs or damages, or (B) the date of entry of a judicially ap- proved settlement with respect to such costs or damages. (4) Subrogation No action based on rights subrogated pursu- ant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim. (5) Commencement The time limitations contained herein shall not begin to run— (A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or (B) against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent. (Pub. L. 101–380, title I, § 1017, Aug. 18, 1990, 104 Stat. 504.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. § 2718. Relationship to other law (a) Preservation of State authorities; Solid Waste Disposal Act Nothing in this Act or the Act of March 3, 1851 shall— (1) affect, or be construed or interpreted as preempting, the authority of any State or po- litical subdivision thereof from imposi

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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

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