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42 U.S.C. § 9608 — Financial responsibility

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

42 U.S.C. § 9608 — Financial responsibility

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Source location: Title 42, Chapter 103, § 9608; chapter-103-comprehensive-environmental-response-compensation-and-liability.md

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**(a) Establishment and maintenance by owner or operator of vessel; amount; failure to obtain certification of compliance** (1) The owner or operator of each vessel (except a nonself-propelled barge that does not carry hazardous substances as cargo) over three hundred gross tons that uses any port or place in the United States or the navigable waters or any offshore facility, shall establish and maintain, in accordance with regulations promulgated by the President, evidence of financial responsibility of $300 per gross ton (or for a vessel carrying hazardous substances as cargo, or $5,000,000, whichever is greater) to cover the liability prescribed under paragraph (1) of [section 9607(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607/a&num=0&edition=prelim). Financial responsibility may be established by any one, or any combination, of the following: insurance, guarantee, surety bond, or qualification as a self-insurer. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In cases where an owner or operator owns, operates, or charters more than one vessel subject to this subsection, evidence of financial responsibility need be established only to meet the maximum liability applicable to the largest of such vessels. (2) The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this subsection that does not have certification furnished by the President that the financial responsibility provisions of paragraph (1) of this subsection have been complied with. (3) The Secretary of Transportation, in accordance with regulations issued by him, shall (A) deny entry to any port or place in the United States or navigable waters to, and (B) detain at the port or place in the United States from which it is about to depart for any other port or place in the United States, any vessel subject to this subsection that, upon request, does not produce certification furnished by the President that the financial responsibility provisions of paragraph (1) of this subsection have been complied with. (4) In addition to the financial responsibility provisions of paragraph (1) of this subsection, the President shall require additional evidence of financial responsibility for incineration vessels in such amounts, and to cover such liabilities recognized by law, as the President deems appropriate, taking into account the potential risks posed by incineration and transport for incineration, and any other factors deemed relevant. **(b) Establishment and maintenance by owner or operator of production, etc., facilities; amount; adjustment; consolidated form of responsibility; coverage of motor carriers** (1) Beginning not earlier than five years after December 11, 1980, the President shall promulgate requirements (for facilities in addition to those under subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) et seq.] and other Federal law) that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Not later than three years after December 11, 1980, the President shall identify those classes for which requirements will be first developed and publish notice of such identification in the Federal Register. Priority in the development of such requirements shall be accorded to those classes of facilities, owners, and operators which the President determines present the highest level of risk of injury. (2) The level of financial responsibility shall be initially established, and, when necessary, adjusted to protect against the level of risk which the President in his discretion believes is appropriate based on the payment experience of the Fund, commercial insurers, courts settlements and judgments, and voluntary claims satisfaction. To the maximum extent practicable, the President shall cooperate with and seek the advice of the commercial insurance industry in developing financial responsibility requirements. Financial responsibility may be established by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating requirements under this section, the President is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unacceptable, in establishing such evidence of financial responsibility in order to effectuate the purposes of this chapter. (3) Regulations promulgated under this subsection shall incrementally impose financial responsibility requirements as quickly as can reasonably be achieved but in no event more than 4 years after the date of promulgation. Where possible, the level of financial responsibility which the President believes appropriate as a final requirement shall be achieved through incremental, annual increases in the requirements. (4) Where a facility is owned or operated by more than one person, evidence of financial responsibility covering the facility may be established and maintained by one of the owners or operators, or, in consolidated form, by or on behalf of two or more owners or operators. When evidence of financial responsibility is established in a consolidated form, the proportional share of each participant shall be shown. The evidence shall be accompanied by a statement authorizing the applicant to act for and in behalf of each participant in submitting and maintaining the evidence of financial responsibility. (5) The requirements for evidence of financial responsibility for motor carriers covered by this chapter shall be determined under [section 31139 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31139&num=0&edition=prelim). **(c) Direct action** (1) **Releases from vessels** — In the case of a release or threatened release from a vessel, any claim authorized by section 9607 or 9611 of this title may be asserted directly against any guarantor providing evidence of financial responsibility for such vessel under subsection (a). In defending such a claim, the guarantor may invoke all rights and defenses which would be available to the owner or operator under this subchapter. The guarantor may also invoke the defense that the incident was caused by the willful misconduct of the owner or operator, but the guarantor may not invoke any other defense that the guarantor might have been entitled to invoke in a proceeding brought by the owner or operator against him. (2) **Releases from facilities** — In the case of a release or threatened release from a facility, any claim authorized by section 9607 or 9611 of this title may be asserted directly against any guarantor providing evidence of financial responsibility for such facility under subsection (b), if the person liable under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim) is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code, or if, with reasonable diligence, jurisdiction in the Federal courts cannot be obtained over a person liable under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim) who is likely to be solvent at the time of judgment. In the case of any action pursuant to this paragraph, the guarantor shall be entitled to invoke all rights and defenses which would have been available to the person liable under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim) if any action had been brought against such person by the claimant and all rights and defenses which would have been available to the guarantor if an action had been brought against the guarantor by such person. **(d) Limitation of guarantor liability** (1) **Total liability** — The total liability of any guarantor in a direct action suit brought under this section shall be limited to the aggregate amount of the monetary limits of the policy of insurance, guarantee, surety bond, letter of credit, or similar instrument obtained from the guarantor by the person subject to liability under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim) for the purpose of satisfying the requirement for evidence of financial responsibility. (2) **Other liability** — Nothing in this subsection shall be construed to limit any other State or Federal statutory, contractual, or common law liability of a guarantor, including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed, interpreted, or applied to diminish the liability of any person under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim) or other applicable law.

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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

49 U.S.C. § 31139 — Minimum financial responsibility for transporting property

**(a) Definitions.—** In this section— (1) “farm vehicle” means a vehicle— (A) designed or adapted and used only for agriculture; (B) operated by a motor private carrier (as defined in [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10102&num=0&edition=prelim)); and (C) operated only incidentally on highways. (2) “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States. (3) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. **(b) General Requirement and Minimum Amount.—** (1) The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the transportation of property by motor carrier or motor private carrier (as such terms are defined in [section 13102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13102&num=0&edition=prelim)) in the United States between a place in a State and— (A) a place in another State; (B) another place in the same State through a place outside of that State; or (C) a place outside the United States. (2) The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000. **(c) Filing of Evidence of Financial Responsibility.—** The Secretary may require a motor private carrier (as defined in section 13102) to file with the Secretary the evidence of financial respon

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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

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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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. § 9609 — Civil penalties and awards

**(a) Class I administrative penalty** (1) **Violations** — A civil penalty of not more than $25,000 per violation may be assessed by the President in the case of any of the following— (A) A violation of the requirements of section 9603(a) or (b) of this title (relating to notice). (B) A violation of the requirements of [section 9603(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/d/2&num=0&edition=prelim) (relating to destruction of records, etc.). (C) A violation of the requirements of [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim) (relating to financial responsibility, etc.), the regulations issued under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim), or with any denial or detention order under [section 9608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9608&num=0&edition=prelim). (D) A violation of an order under [section 9622(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622/d/3&num=0&edition=prelim) (relating to settlement agreements for action under [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)). (E) Any failure or refusal referred to in section 9622(l) of this title (relating to violations of administrative orders, consent decrees, or agreements under [section 9620 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)). (2) **Notice and hearings** — No civil penalty may be asses

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9609

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

42 U.S.C. § 9608 — Financial responsibility

Page 7753 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9608 store, replace, or acquire the equivalent of such natural resources by the State. The measure of damages in any action under subparagraph (C) of subsection (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double re- covery under this chapter for natural resource dam- ages, including the costs of damage assessment or res- toration, rehabilitation, or acquisition for the same re- lease and natural resource’’ for ‘‘Sums recovered shall be available for use to restore, rehabilitate, or acquire the equivalent of such natural resources by the appro- priate agencies of the Federal Government or the State government, but the measure of such damages shall not be limited by the sums which can be used to restore or replace such resources’’. Pub. L. 99–499, § 207(c)(2)(D), which directed the inser- tion of ‘‘or the Indian tribe’’ after ‘‘State government’’, could not be executed because the prior amendment by section 107(d)(2) of Pub. L. 99–499, struck out third sen- tence referring to ‘‘State government’’. Subsec. (f)(2). Pub. L. 99–499, § 107(d)(1), added par. (2). Subsec. (g). Pub. L. 99–499, § 107(e), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to, and com- ply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.’’ Subsec. (h). Pub. L. 99–499, § 127(e), inserted ‘‘, under maritime tort law,’’ after ‘‘with this section’’ and in- serted ‘‘or the absence

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9608

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