42 U.S.C. § 9657 — Separability; contribution

Page 7807 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9658 L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–499, § 202(a), substituted ‘‘within 30 days after October 17, 1986’’ for ‘‘within nine- ty days after December 11, 1980’’ and inserted ‘‘and reg- ulated’’ before ‘‘as a hazardous material’’. Subsec. (b). Pub. L. 99–499, § 202(b), inserted ‘‘and reg- ulation’’ after ‘‘prior to the effective date of the list- ing’’. § 9657. Separability; contribution If any provision of this chapter, or the applica- tion of any provision of this chapter to any per- son or circumstance, is held invalid, the applica- tion of such provision to other persons or cir- cumstances and the remainder of this chapter shall not be affected thereby. If an administra- tive settlement under section 9622 of this title has the effect of limiting any person’s right to obtain contribution from any party to such set- tlement, and if the effect of such limitation would constitute a taking without just com- pensation in violation of the fifth amendment of the Constitution of the United States, such per- son shall not be entitled, under other laws of the United States, to recover compensation from the United States for such taking, but in any such case, such limitation on the right to obtain contribution shall be treated as having no force and effect. (Pub. L. 96–510, title III, § 308, Dec. 11, 1980, 94 Stat. 2811; Pub. L. 99–499, title I, § 122(b), Oct. 17, 1986, 100 Stat. 1688.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which enacted this chapter, section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amended section 6911 of this title, section 1364 of Title 33, Navigation and Navigable Waters, and section 11901 of Title 49, Transportation, and enacted provisions set out as notes under section 6911 of this title and sections 1 and 4611 of Title 26. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. AMENDMENTS 1986—Pub. L. 99–499 inserted sentence at end relating to administrative settlements under section 9622 of this title which have effect of limiting any person’s right to obtain contribution from any party to such settlement. § 9658. Actions under State law for damages from exposure to hazardous substances (a) State statutes of limitations for hazardous substance cases (1) Exception to State statutes In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable limitations period for such action (as specified in the State statute of limitations or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall com- mence at the federally required commence- ment date in lieu of the date specified in such State statute. (2) State law generally applicable Except as provided in paragraph (1), the stat- ute of limitations established under State law shall apply in all actions brought under State law for personal injury, or property damages, which are caused or contributed to by expo- sure to any hazardous substance, or pollutant or contaminant, released into the environ- ment from a facility. (3) Actions under section 9607 Nothing in this section shall apply with re- spect to any cause of action brought under section 9607 of this title. (b) Definitions As used in this section— (1) Subchapter I terms The terms used in this section shall have the same meaning as when used in subchapter I of this chapter. (2) Applicable limitations period The term ‘‘applicable limitations period’’ means the period specified in a statute of limi- tations during which a civil action referred to in subsection (a)(1) may be brought. (3) Commencement date The term ‘‘commencement date’’ means the date specified in a statute of limitations as the beginning of the applicable limitations pe- riod. (4) Federally required commencement date (A) In general Except as provided in subparagraph (B), the term ‘‘federally required commencement date’’ means the date the plaintiff knew (or reasonably should have known) that the per- sonal injury or property damages referred to in subsection (a)(1) were caused or contrib- uted to by the hazardous substance or pol- lutant or contaminant concerned. (B) Special rules In the case of a minor or incompetent plaintiff, the term ‘‘federally required com- mencement date’’ means the later of the date referred to in subparagraph (A) or the following: (i) In the case of a minor, the date on which the minor reaches the age of major- ity, as determined by State law, or has a legal representative appointed. (ii) In the case of an incompetent indi- vidual, the date on which such individual becomes competent or has had a legal rep- resentative appointed. (Pub. L. 96–510, title III, § 309, as added Pub. L. 99–499, title II, § 203(a), Oct. 17, 1986, 100 Stat. 1695.)