42 U.S.C. § 9601 — Definitions

Page 7709 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 1 So in original. Probably should be ‘‘or’’. Sec. 9657. Separability; contribution. 9658. Actions under State law for damages from ex- posure to hazardous substances. 9659. Citizens suits. 9660. Research, development, and demonstration. 9660a. Grant program. 9661. Love Canal property acquisition. 9662. Limitation on contract and borrowing au- thority. SUBCHAPTER IV—POLLUTION INSURANCE 9671. Definitions. 9672. State laws; scope of subchapter. 9673. Risk retention groups. 9674. Purchasing groups. 9675. Applicability of securities laws. SUBCHAPTER I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9601. Definitions For purpose of this subchapter— (1) The term ‘‘act of God’’ means an unan- ticipated grave natural disaster or other nat- ural 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 Ad- ministrator of the United States Environ- mental Protection Agency. (3) The term ‘‘barrel’’ means forty-two United States gallons at sixty degrees Fahr- enheit. (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 de- fined in the Safe Drinking Water Act [42 U.S.C. 300f 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 nat- ural resources are under the exclusive man- agement authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or sub- surface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term ‘‘facility’’ means (A) any build- ing, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any ves- sel. (10) The term ‘‘federally permitted release’’ means (A) discharges in compliance with a permit under section 402 of the Federal Water Pollution Control Act [33 U.S.C. 1342], (B) dis- charges resulting from circumstances identi- fied and reviewed and made part of the public record with respect to a permit issued or modified under section 402 of the Federal Water Pollution Control Act and subject to a condition of such permit, (C) continuous or an- ticipated intermittent discharges from a point source, identified in a permit or permit appli- cation under section 402 of the Federal Water Pollution Control Act, which are caused by events occurring within the scope of relevant operating or treatment systems, (D) dis- charges in compliance with a legally enforce- able permit under section 404 of the Federal Water Pollution Control Act [33 U.S.C. 1344], (E) releases in compliance with a legally en- forceable final permit issued pursuant to sec- tion 3005(a) through (d) of the Solid Waste Dis- posal Act [42 U.S.C. 6925(a)–(d)] from a haz- ardous waste treatment, storage, or disposal facility when such permit specifically identi- fies the hazardous substances and makes such substances subject to a standard of practice, control procedure or bioassay limitation or condition, or other control on the hazardous substances in such releases, (F) any release in compliance with a legally enforceable permit issued under section 1412 of title 33 of 1 section 1413 of title 33, (G) any injection of fluids au- thorized under Federal underground injection control programs or State programs submitted for Federal approval (and not disapproved by the Administrator of the Environmental Pro- tection Agency) pursuant to part C of the Safe Drinking Water Act [42 U.S.C. 300h et seq.], (H) any emission into the air subject to a permit or control regulation under section 111 [42 U.S.C. 7411], section 112 [42 U.S.C. 7412], title I part C [42 U.S.C. 7470 et seq.], title I part D [42 U.S.C. 7501 et seq.], or State implementation plans submitted in accordance with section 110 of the Clean Air Act [42 U.S.C. 7410] (and not disapproved by the Administrator of the Envi- ronmental Protection Agency), including any schedule or waiver granted, promulgated, or approved under these sections, (I) any injec- tion of fluids or other materials authorized under applicable State law (i) for the purpose of stimulating or treating wells for the pro- duction of crude oil, natural gas, or water, (ii) for the purpose of secondary, tertiary, or other enhanced recovery of crude oil or natural gas, or (iii) which are brought to the surface in conjunction with the production of crude oil or natural gas and which are reinjected, (J) the introduction of any pollutant into a pub- licly owned treatment works when such pol- lutant is specified in and in compliance with applicable pretreatment standards of section 307(b) or (c) of the Clean Water Act [33 U.S.C. 1317(b), (c)] and enforceable requirements in a pretreatment program submitted by a State or municipality for Federal approval under sec- tion 402 of such Act [33 U.S.C. 1342], and (K) any release of source, special nuclear, or by- Page 7710 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 product material, as those terms are defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], in compliance with a legally en- forceable license, permit, regulation, or order issued pursuant to the Atomic Energy Act of 1954. (11) The term ‘‘Fund’’ or ‘‘Trust Fund’’ means the Hazardous Substance Superfund es- tablished by section 9507 of title 26. (12) The term ‘‘ground water’’ means water in a saturated zone or stratum beneath the surface of land or water. (13) The term ‘‘guarantor’’ means any per- son, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this chapter. (14) The term ‘‘hazardous substance’’ means (A) any substance designated pursuant to sec- tion 311(b)(2)(A) of the Federal Water Pollu- tion Control Act [33 U.S.C. 1321(b)(2)(A)], (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act [33 U.S.C. 1317(a)], (E) any hazardous air pollutant listed under section 112 of the Clean Air Act [42 U.S.C. 7412], and (F) any immi- nently hazardous chemical substance or mix- ture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act [15 U.S.C. 2606]. The term does not include petroleum, includ- ing crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). (15) The term ‘‘navigable waters’’ or ‘‘navi- gable waters of the United States’’ means the waters of the United States, including the ter- ritorial seas. (16) The term ‘‘natural resources’’ means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise con- trolled by the United States (including the re- sources of the fishery conservation zone estab- lished by the Magnuson-Stevens Fishery Con- servation and Management Act [16 U.S.C. 1801 et seq.]), any State or local government, any foreign government, any Indian tribe, or, if such resources are subject to a trust restric- tion on alienation, any member of an Indian tribe. (17) The term ‘‘offshore facility’’ means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel. (18) The term ‘‘onshore facility’’ means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land or nonnavigable wa- ters within the United States. (19) The term ‘‘otherwise subject to the ju- risdiction of the United States’’ means subject to the jurisdiction of the United States by vir- tue of United States citizenship, United States vessel documentation or numbering, or as pro- vided by international agreement to which the United States is a party. (20)(A) The term ‘‘owner or operator’’ means (i) in the case of a vessel, any person owning, operating, or chartering by demise, such ves- sel, (ii) in the case of an onshore facility or an offshore facility, any person owning or oper- ating such facility, and (iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delin- quency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately before- hand. Such term does not include a person, who, without participating in the manage- ment of a vessel or facility, holds indicia of ownership primarily to protect his security in- terest in the vessel or facility. (B) In the case of a hazardous substance which has been accepted for transportation by a common or contract carrier and except as provided in section 9607(a)(3) or (4) of this title, (i) the term ‘‘owner or operator’’ shall mean such common carrier or other bona fide for hire carrier acting as an independent con- tractor during such transportation, (ii) the shipper of such hazardous substance shall not be considered to have caused or contributed to any release during such transportation which resulted solely from circumstances or condi- tions beyond his control. (C) In the case of a hazardous substance which has been delivered by a common or con- tract carrier to a disposal or treatment facil- ity and except as provided in section 9607(a)(3) or (4) of this title, (i) the term ‘‘owner or oper- ator’’ shall not include such common or con- tract carrier, and (ii) such common or con- tract carrier shall not be considered to have caused or contributed to any release at such disposal or treatment facility resulting from circumstances or conditions beyond its con- trol. (D) The term ‘‘owner or operator’’ does not include a unit of State or local government which acquired ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other cir- cumstances in which the government acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local govern- ment which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this chapter in the same manner Page 7711 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under section 9607 of this title. (E) EXCLUSION OF CERTAIN ALASKA NATIVE VILLAGES AND NATIVE CORPORATIONS.— (i) IN GENERAL.—The term ‘‘owner or oper- ator’’ does not include, with respect to a fa- cility conveyed to a Native village or Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settle- ment Act [43 U.S.C. 1602]) under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]— (I) the Native village or Native Corpora- tion that received the facility from the United States Government; or (II) a successor in interest to which the facility was conveyed under section 14(c) of such Act [43 U.S.C. 1613(c)]. (ii) LIMITATION.—The exclusion provided under this subparagraph shall not apply to any entity described in clause (i) that causes or contributes to a release or threatened re- lease of a hazardous substance from the fa- cility conveyed as described in such clause. (F) EXCLUSION OF LENDERS NOT PARTICIPANTS IN MANAGEMENT.— (i) INDICIA OF OWNERSHIP TO PROTECT SECU- RITY.—The term ‘‘owner or operator’’ does not include a person that is a lender that, without participating in the management of a vessel or facility, holds indicia of owner- ship primarily to protect the security inter- est of the person in the vessel or facility. (ii) FORECLOSURE.—The term ‘‘owner or op- erator’’ does not include a person that is a lender that did not participate in manage- ment of a vessel or facility prior to fore- closure, notwithstanding that the person— (I) forecloses on the vessel or facility; and (II) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the vessel or facility, maintains business activities, winds up operations, undertakes a response action under section 9607(d)(1) of this title or under the direc- tion of an on-scene coordinator appointed under the National Contingency Plan, with respect to the vessel or facility, or takes any other measure to preserve, protect, or prepare the vessel or facility prior to sale or disposition, if the person seeks to sell, re-lease (in the case of a lease finance transaction), or oth- erwise divest the person of the vessel or fa- cility at the earliest practicable, commer- cially reasonable time, on commercially rea- sonable terms, taking into account market conditions and legal and regulatory require- ments. (G) PARTICIPATION IN MANAGEMENT.—For pur- poses of subparagraph (F)— (i) the term ‘‘participate in manage- ment’’— (I) means actually participating in the management or operational affairs of a vessel or facility; and (II) does not include merely having the capacity to influence, or the unexercised right to control, vessel or facility oper- ations; (ii) a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility shall be considered to participate in management only if, while the borrower is still in posses- sion of the vessel or facility encumbered by the security interest, the person— (I) exercises decisionmaking control over the environmental compliance related to the vessel or facility, such that the person has undertaken responsibility for the haz- ardous substance handling or disposal practices related to the vessel or facility; or (II) exercises control at a level com- parable to that of a manager of the vessel or facility, such that the person has as- sumed or manifested responsibility— (aa) for the overall management of the vessel or facility encompassing day-to- day decisionmaking with respect to envi- ronmental compliance; or (bb) over all or substantially all of the operational functions (as distinguished from financial or administrative func- tions) of the vessel or facility other than the function of environmental compli- ance; (iii) the term ‘‘participate in manage- ment’’ does not include performing an act or failing to act prior to the time at which a se- curity interest is created in a vessel or facil- ity; and (iv) the term ‘‘participate in management’’ does not include— (I) holding a security interest or aban- doning or releasing a security interest; (II) including in the terms of an exten- sion of credit, or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or con- dition that relates to environmental com- pliance; (III) monitoring or enforcing the terms and conditions of the extension of credit or security interest; (IV) monitoring or undertaking 1 or more inspections of the vessel or facility; (V) requiring a response action or other lawful means of addressing the release or threatened release of a hazardous sub- stance in connection with the vessel or fa- cility prior to, during, or on the expiration of the term of the extension of credit; (VI) providing financial or other advice or counseling in an effort to mitigate, pre- vent, or cure default or diminution in the value of the vessel or facility; (VII) restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or se- curity interest, exercising forbearance; (VIII) exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement; or Page 7712 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 2 So in original. Probably should be ‘‘mean’’. (IX) conducting a response action under section 9607(d) of this title or under the di- rection of an on-scene coordinator ap- pointed under the National Contingency Plan, if the actions do not rise to the level of par- ticipating in management (within the mean- ing of clauses (i) and (ii)). (H) OTHER TERMS.—As used in this chapter: (i) EXTENSION OF CREDIT.—The term ‘‘ex- tension of credit’’ includes a lease finance transaction— (I) in which the lessor does not initially select the leased vessel or facility and does not during the lease term control the daily operations or maintenance of the vessel or facility; or (II) that conforms with regulations issued by the appropriate Federal banking agency or the appropriate State bank su- pervisor (as those terms are defined in sec- tion 1813 of title 12) or with regulations issued by the National Credit Union Ad- ministration Board, as appropriate. (ii) FINANCIAL OR ADMINISTRATIVE FUNC- TION.—The term ‘‘financial or administra- tive function’’ includes a function such as that of a credit manager, accounts payable officer, accounts receivable officer, per- sonnel manager, comptroller, or chief finan- cial officer, or a similar function. (iii) FORECLOSURE; FORECLOSE.—The terms ‘‘foreclosure’’ and ‘‘foreclose’’ mean, respec- tively, acquiring, and to acquire, a vessel or facility through— (I)(aa) purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale; (bb) a deed in lieu of foreclosure, or simi- lar conveyance from a trustee; or (cc) repossession, if the vessel or facility was security for an extension of credit previously contracted; (II) conveyance pursuant to an extension of credit previously contracted, including the termination of a lease agreement; or (III) any other formal or informal man- ner by which the person acquires, for sub- sequent disposition, title to or possession of a vessel or facility in order to protect the security interest of the person. (iv) LENDER.—The term ‘‘lender’’ means— (I) an insured depository institution (as defined in section 1813 of title 12); (II) an insured credit union (as defined in section 1752 of title 12); (III) a bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); (IV) a leasing or trust company that is an affiliate of an insured depository insti- tution; (V) any person (including a successor or assignee of any such person) that makes a bona fide extension of credit to or takes or acquires a security interest from a non- affiliated person; (VI) the Federal National Mortgage As- sociation, the Federal Home Loan Mort- gage Corporation, the Federal Agricultural Mortgage Corporation, or any other entity that in a bona fide manner buys or sells loans or interests in loans; (VII) a person that insures or guarantees against a default in the repayment of an extension of credit, or acts as a surety with respect to an extension of credit, to a nonaffiliated person; and (VIII) a person that provides title insur- ance and that acquires a vessel or facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement. (v) OPERATIONAL FUNCTION.—The term ‘‘operational function’’ includes a function such as that of a facility or plant manager, operations manager, chief operating officer, or chief executive officer. (vi) SECURITY INTEREST.—The term ‘‘secu- rity interest’’ includes a right under a mort- gage, deed of trust, assignment, judgment lien, pledge, security agreement, factoring agreement, or lease and any other right ac- cruing to a person to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated person. (21) The term ‘‘person’’ means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, State, munici- pality, commission, political subdivision of a State, or any interstate body. (22) The term ‘‘release’’ means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the envi- ronment (including the abandonment or dis- carding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes (A) any release which results in expo- sure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such per- sons, (B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine, (C) release of source, byproduct, or special nuclear mate- rial from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], if such release is sub- ject to requirements with respect to financial protection established by the Nuclear Regu- latory Commission under section 170 of such Act [42 U.S.C. 2210], or, for the purposes of sec- tion 9604 of this title or any other response ac- tion, any release of source byproduct, or spe- cial nuclear material from any processing site designated under section 7912(a)(1) or 7942(a) of this title, and (D) the normal application of fertilizer. (23) The terms ‘‘remove’’ or ‘‘removal’’ means 2 the cleanup or removal of released hazardous substances from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous sub- stances into the environment, such actions as Page 7713 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 3 So in original. 4 See References in Text note below. may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or wel- fare or to the environment, which may other- wise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals not otherwise provided for, action taken under section 9604(b) of this title, and any emergency assistance which may be provided under the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.]. (24) The terms ‘‘remedy’’ or ‘‘remedial ac- tion’’ means 2 those actions consistent with permanent remedy taken instead of or in addi- tion to removal actions in the event of a re- lease or threatened release of a hazardous sub- stance into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substan- tial danger to present or future public health or welfare or the environment. The term in- cludes, but is not limited to, such actions at the location of the release as storage, confine- ment, perimeter protection using dikes, trenches, or ditches, clay cover, neutraliza- tion, cleanup of released hazardous substances and associated contaminated materials, recy- cling or reuse, diversion, destruction, segrega- tion of reactive wastes, dredging or exca- vations, repair or replacement of leaking con- tainers, collection of leachate and runoff, on- site treatment or incineration, provision of al- ternative water supplies, and any monitoring reasonably required to assure that such ac- tions protect the public health and welfare and the environment. The term includes the costs of permanent relocation of residents and businesses and community facilities where the President determines that, alone or in com- bination with other measures, such relocation is more cost-effective than and environ- mentally preferable to the transportation, storage, treatment, destruction, or secure dis- position offsite of hazardous substances, or may otherwise be necessary to protect the public health or welfare; the term includes off- site transport and offsite storage, treatment, destruction, or secure disposition of hazardous substances and associated contaminated mate- rials. (25) The terms ‘‘respond’’ or ‘‘response’’ means 2 remove, removal, remedy, and reme- dial action;,3 all such terms (including the terms ‘‘removal’’ and ‘‘remedial action’’) in- clude enforcement activities related thereto. (26) The terms ‘‘transport’’ or ‘‘transpor- tation’’ means 2 the movement of a hazardous substance by any mode, including a hazardous liquid pipeline facility (as defined in section 60101(a) of title 49), and in the case of a haz- ardous substance which has been accepted for transportation by a common or contract car- rier, the term ‘‘transport’’ or ‘‘transportation’’ shall include any stoppage in transit which is temporary, incidental to the transportation movement, and at the ordinary operating con- venience of a common or contract carrier, and any such stoppage shall be considered as a continuity of movement and not as the stor- age of a hazardous substance. (27) The terms ‘‘United States’’ and ‘‘State’’ include the several States of the United States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction. (28) The term ‘‘vessel’’ means every descrip- tion of watercraft or other artificial contriv- ance used, or capable of being used, as a means of transportation on water. (29) The terms ‘‘disposal’’, ‘‘hazardous waste’’, and ‘‘treatment’’ shall have the mean- ing provided in section 1004 of the Solid Waste Disposal Act [42 U.S.C. 6903]. (30) The terms ‘‘territorial sea’’ and ‘‘contig- uous zone’’ shall have the meaning provided in section 502 of the Federal Water Pollution Control Act [33 U.S.C. 1362]. (31) The term ‘‘national contingency plan’’ means the national contingency plan pub- lished under section 311(c) 4 of the Federal Water Pollution Control Act or revised pursu- ant to section 9605 of this title. (32) The terms ‘‘liable’’ or ‘‘liability’’ under this subchapter shall be construed to be the standard of liability which obtains under sec- tion 311 of the Federal Water Pollution Con- trol Act [33 U.S.C. 1321]. (33) The term ‘‘pollutant or contaminant’’ shall include, but not be limited to, any ele- ment, substance, compound, or mixture, in- cluding disease-causing agents, which after re- lease into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environ- ment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormali- ties, cancer, genetic mutation, physiological malfunctions (including malfunctions in re- production) or physical deformations, in such organisms or their offspring; except that the term ‘‘pollutant or contaminant’’ shall not in- clude petroleum, including crude oil or any fraction thereof which is not otherwise specifi- cally listed or designated as a hazardous sub- stance under subparagraphs (A) through (F) of paragraph (14) and shall not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). (34) The term ‘‘alternative water supplies’’ includes, but is not limited to, drinking water and household water supplies. (35)(A) The term ‘‘contractual relationship’’, for the purpose of section 9607(b)(3) of this title, includes, but is not limited to, land con- tracts, deeds, easements, leases, or other in- struments transferring title or possession, un- Page 7714 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 less the real property on which the facility concerned is located was acquired by the de- fendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances de- scribed in clause (i), (ii), or (iii) is also estab- lished by the defendant by a preponderance of the evidence: (i) At the time the defendant acquired the facility the defendant did not know and had no reason to know that any hazardous sub- stance which is the subject of the release or threatened release was disposed of on, in, or at the facility. (ii) The defendant is a government entity which acquired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of emi- nent domain authority by purchase or con- demnation. (iii) The defendant acquired the facility by inheritance or bequest. In addition to establishing the foregoing, the defendant must establish that the defendant has satisfied the requirements of section 9607(b)(3)(a) and (b) of this title, provides full cooperation, assistance, and facility access to the persons that are authorized to conduct re- sponse actions at the facility (including the cooperation and access necessary for the in- stallation, integrity, operation, and mainte- nance of any complete or partial response ac- tion at the facility), is in compliance with any land use restrictions established or relied on in connection with the response action at a fa- cility, and does not impede the effectiveness or integrity of any institutional control em- ployed at the facility in connection with a re- sponse action. (B) REASON TO KNOW.— (i) ALL APPROPRIATE INQUIRIES.—To estab- lish that the defendant had no reason to know of the matter described in subpara- graph (A)(i), the defendant must dem- onstrate to a court that— (I) on or before the date on which the de- fendant acquired the facility, the defend- ant carried out all appropriate inquiries, as provided in clauses (ii) and (iv), into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices; and (II) the defendant took reasonable steps to— (aa) stop any continuing release; (bb) prevent any threatened future re- lease; and (cc) prevent or limit any human, envi- ronmental, or natural resource exposure to any previously released hazardous substance. (ii) STANDARDS AND PRACTICES.—Not later than 2 years after January 11, 2002, the Ad- ministrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i). (iii) CRITERIA.—In promulgating regula- tions that establish the standards and prac- tices referred to in clause (ii), the Adminis- trator shall include each of the following: (I) The results of an inquiry by an envi- ronmental professional. (II) Interviews with past and present owners, operators, and occupants of the fa- cility for the purpose of gathering infor- mation regarding the potential for con- tamination at the facility. (III) Reviews of historical sources, such as chain of title documents, aerial photo- graphs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed. (IV) Searches for recorded environ- mental cleanup liens against the facility that are filed under Federal, State, or local law. (V) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and hazardous waste handling, generation, treatment, disposal, and spill records, con- cerning contamination at or near the facil- ity. (VI) Visual inspections of the facility and of adjoining properties. (VII) Specialized knowledge or experi- ence on the part of the defendant. (VIII) The relationship of the purchase price to the value of the property, if the property was not contaminated. (IX) Commonly known or reasonably as- certainable information about the prop- erty. (X) The degree of obviousness of the presence or likely presence of contamina- tion at the property, and the ability to de- tect the contamination by appropriate in- vestigation. (iv) INTERIM STANDARDS AND PRACTICES.— (I) PROPERTY PURCHASED BEFORE MAY 31, 1997.—With respect to property purchased before May 31, 1997, in making a deter- mination with respect to a defendant de- scribed in clause (i), a court shall take into account— (aa) any specialized knowledge or expe- rience on the part of the defendant; (bb) the relationship of the purchase price to the value of the property, if the property was not contaminated; (cc) commonly known or reasonably ascertainable information about the property; (dd) the obviousness of the presence or likely presence of contamination at the property; and (ee) the ability of the defendant to de- tect the contamination by appropriate inspection. (II) PROPERTY PURCHASED ON OR AFTER MAY 31, 1997.—With respect to property pur- chased on or after May 31, 1997, and until the Administrator promulgates the regula- tions described in clause (ii), the proce- dures of the American Society for Testing and Materials, including the document known as ‘‘Standard E1527–97’’, entitled Page 7715 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 ‘‘Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process’’, shall satisfy the requirements in clause (i). (v) SITE INSPECTION AND TITLE SEARCH.—In the case of property for residential use or other similar use purchased by a nongovern- mental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be con- sidered to satisfy the requirements of this subparagraph. (C) Nothing in this paragraph or in section 9607(b)(3) of this title shall diminish the liabil- ity of any previous owner or operator of such facility who would otherwise be liable under this chapter. Notwithstanding this paragraph, if the defendant obtained actual knowledge of the release or threatened release of a haz- ardous substance at such facility when the de- fendant owned the real property and then sub- sequently transferred ownership of the prop- erty to another person without disclosing such knowledge, such defendant shall be treated as liable under section 9607(a)(1) of this title and no defense under section 9607(b)(3) of this title shall be available to such defendant. (D) Nothing in this paragraph shall affect the liability under this chapter of a defendant who, by any act or omission, caused or con- tributed to the release or threatened release of a hazardous substance which is the subject of the action relating to the facility. (36) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community, including any Alaska Native village but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special pro- grams and services provided by the United States to Indians because of their status as In- dians. (37)(A) The term ‘‘service station dealer’’ means any person— (i) who owns or operates a motor vehicle service station, filling station, garage, or similar retail establishment engaged in the business of selling, repairing, or servicing motor vehicles, where a significant percent- age of the gross revenue of the establish- ment is derived from the fueling, repairing, or servicing of motor vehicles, and (ii) who accepts for collection, accumula- tion, and delivery to an oil recycling facil- ity, recycled oil that (I) has been removed from the engine of a light duty motor vehi- cle or household appliances by the owner of such vehicle or appliances, and (II) is pre- sented, by such owner, to such person for collection, accumulation, and delivery to an oil recycling facility. (B) For purposes of section 9614(c) of this title, the term ‘‘service station dealer’’ shall, notwithstanding the provisions of subpara- graph (A), include any government agency that establishes a facility solely for the pur- pose of accepting recycled oil that satisfies the criteria set forth in subclauses (I) and (II) of subparagraph (A)(ii), and, with respect to recycled oil that satisfies the criteria set forth in subclauses (I) and (II), owners or operators of refuse collection services who are compelled by State law to collect, accumulate, and de- liver such oil to an oil recycling facility. (C) The President shall promulgate regula- tions regarding the determination of what constitutes a significant percentage of the gross revenues of an establishment for pur- poses of this paragraph. (38) The term ‘‘incineration vessel’’ means any vessel which carries hazardous substances for the purpose of incineration of such sub- stances, so long as such substances or residues of such substances are on board. (39) BROWNFIELD SITE.— (A) IN GENERAL.—The term ‘‘brownfield site’’ means real property, the expansion, re- development, or reuse of which may be com- plicated by the presence or potential pres- ence of a hazardous substance, pollutant, or contaminant. (B) EXCLUSIONS.—The term ‘‘brownfield site’’ does not include— (i) a facility that is the subject of a planned or ongoing removal action under this subchapter; (ii) a facility that is listed on the Na- tional Priorities List or is proposed for listing; (iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this chapter; (iv) a facility that is the subject of a uni- lateral administrative order, a court order, an administrative order on consent or ju- dicial consent decree that has been issued to or entered into by the parties, or a facil- ity to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pol- lution Control Act (33 U.S.C. 1321) [33 U.S.C. § 1251 et seq.], the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (v) a facility that— (I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and (II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; (vi) a land disposal unit with respect to which— (I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and (II) closure requirements have been specified in a closure plan or permit; (vii) a facility that is subject to the ju- risdiction, custody, or control of a depart- ment, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; Page 7716 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 (viii) a portion of a facility— (I) at which there has been a release of polychlorinated biphenyls; and (II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or (ix) a portion of a facility, for which por- tion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of title 26. (C) SITE-BY-SITE DETERMINATIONS.—Not- withstanding subparagraph (B) and on a site- by-site basis, the President may authorize financial assistance under section 9604(k) of this title to an eligible entity at a site in- cluded in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and ei- ther promote economic development or en- able the creation of, preservation of, or addi- tion to parks, greenways, undeveloped prop- erty, other recreational property, or other property used for nonprofit purposes. (D) ADDITIONAL AREAS.—For the purposes of section 9604(k) of this title, the term ‘‘brownfield site’’ includes a site that— (i) meets the definition of ‘‘brownfield site’’ under subparagraphs (A) through (C); and (ii)(I) is contaminated by a controlled substance (as defined in section 802 of title 21); (II)(aa) is contaminated by petroleum or a petroleum product excluded from the definition of ‘‘hazardous substance’’ under this section; and (bb) is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as ap- propriate, to be a site that will be as- sessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this chapter or any other law pertaining to the cleanup of petroleum products; and (cc) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or (III) is mine-scarred land. (40) BONA FIDE PROSPECTIVE PURCHASER.— (A) IN GENERAL.—The term ‘‘bona fide pro- spective purchaser’’ means, with respect to a facility— (i) a person who— (I) acquires ownership of the facility after January 11, 2002; and (II) establishes by a preponderance of the evidence each of the criteria de- scribed in clauses (i) through (viii) of subparagraph (B); and (ii) a person— (I) who acquires a leasehold interest in the facility after January 11, 2002; (II) who establishes by a preponderance of the evidence that the leasehold inter- est is not designed to avoid liability under this chapter by any person; and (III) with respect to whom any of the following conditions apply: (aa) The owner of the facility that is subject to the leasehold interest is a person described in clause (i). (bb)(AA) The owner of the facility that is subject to the leasehold inter- est was a person described in clause (i) at the time the leasehold interest was acquired, but can no longer establish by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subpara- graph (B) due to circumstances unre- lated to any action of the person who holds the leasehold interest; and (BB) the person who holds the lease- hold interest establishes by a prepon- derance of the evidence each of the cri- teria described in clauses (i), (iii), (iv), (v), (vi), (vii), and (viii) of subpara- graph (B). (cc) The person who holds the lease- hold interest establishes by a prepon- derance of the evidence each of the cri- teria described in clauses (i) through (viii) of subparagraph (B). (B) CRITERIA.—The criteria described in this subparagraph are as follows: (i) DISPOSAL PRIOR TO ACQUISITION.—All disposal of hazardous substances at the fa- cility occurred before the person acquired the facility. (ii) INQUIRIES.— (I) IN GENERAL.—The person made all appropriate inquiries into the previous ownership and uses of the facility in ac- cordance with generally accepted good commercial and customary standards and practices in accordance with sub- clauses (II) and (III). (II) STANDARDS AND PRACTICES.—The standards and practices referred to in clauses (ii) and (iv) of paragraph (35)(B) shall be considered to satisfy the re- quirements of this clause. (III) RESIDENTIAL USE.—In the case of property in residential or other similar use at the time of purchase by a non- governmental or noncommercial entity, a facility inspection and title search that reveal no basis for further inves- tigation shall be considered to satisfy the requirements of this clause. (iii) NOTICES.—The person provides all le- gally required notices with respect to the discovery or release of any hazardous sub- stances at the facility. (iv) CARE.—The person exercises appro- priate care with respect to hazardous sub- stances found at the facility by taking rea- sonable steps to— (I) stop any continuing release; (II) prevent any threatened future re- lease; and (III) prevent or limit human, environ- mental, or natural resource exposure to any previously released hazardous sub- stance. Page 7717 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 (v) COOPERATION, ASSISTANCE, AND AC- CESS.—The person provides full coopera- tion, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at a vessel or facility (including the cooperation and access necessary for the installation, in- tegrity, operation, and maintenance of any complete or partial response actions or natural resource restoration at the vessel or facility). (vi) INSTITUTIONAL CONTROL.—The per- son— (I) is in compliance with any land use restrictions established or relied on in connection with the response action at a vessel or facility; and (II) does not impede the effectiveness or integrity of any institutional control employed at the vessel or facility in con- nection with a response action. (vii) REQUESTS; SUBPOENAS.—The person complies with any request for information or administrative subpoena issued by the President under this chapter. (viii) NO AFFILIATION.—The person is not— (I) potentially liable, or affiliated with any other person that is potentially lia- ble, for response costs at a facility through— (aa) any direct or indirect familial relationship; or (bb) any contractual, corporate, or fi- nancial relationship (other than a con- tractual, corporate, or financial rela- tionship that is created by the instru- ments by which title to the facility is conveyed or financed, by a tenancy, by the instruments by which a leasehold interest in the facility is created, or by a contract for the sale of goods or serv- ices); or (II) the result of a reorganization of a business entity that was potentially lia- ble. (41) ELIGIBLE RESPONSE SITE.— (A) IN GENERAL.—The term ‘‘eligible re- sponse site’’ means a site that meets the def- inition of a brownfield site in subparagraphs (A) and (B) of paragraph (39), as modified by subparagraphs (B) and (C) of this paragraph. (B) INCLUSIONS.—The term ‘‘eligible re- sponse site’’ includes— (i) notwithstanding paragraph (39)(B)(ix), a portion of a facility, for which portion assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of title 26; or (ii) a site for which, notwithstanding the exclusions provided in subparagraph (C) or paragraph (39)(B), the President deter- mines, on a site-by-site basis and after consultation with the State, that limita- tions on enforcement under section 9628 of this title at sites specified in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would be appropriate and will— (I) protect human health and the envi- ronment; and (II) promote economic development or facilitate the creation of, preservation of, or addition to a park, a greenway, un- developed property, recreational prop- erty, or other property used for non- profit purposes. (C) EXCLUSIONS.—The term ‘‘eligible re- sponse site’’ does not include— (i) a facility for which the President— (I) conducts or has conducted a pre- liminary assessment or site inspection; and (II) after consultation with the State, determines or has determined that the site obtains a preliminary score suffi- cient for possible listing on the National Priorities List, or that the site otherwise qualifies for listing on the National Pri- orities List; unless the President has made a determination that no further Federal action will be taken; or (ii) facilities that the President deter- mines warrant particular consideration as identified by regulation, such as sites pos- ing a threat to a sole-source drinking water aquifer or a sensitive ecosystem. (Pub. L. 96–510, title I, § 101, Dec. 11, 1980, 94 Stat. 2767; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–499, title I, §§ 101, 114(b), 127(a), title V, § 517(c)(2), Oct. 17, 1986, 100 Stat. 1615, 1652, 1692, 1774; Pub. L. 100–707, title I, § 109(v), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 103–429, § 7(e)(1), Oct. 31, 1994, 108 Stat. 4390; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], title II, § 2502(b), Sept. 30, 1996, 110 Stat. 3009, 3009–41, 3009–464; Pub. L. 104–287, § 6(j)(1), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106–74, title IV, § 427, Oct. 20, 1999, 113 Stat. 1095; Pub. L. 107–118, title II, §§ 211(a), 222(a), 223, 231(a), Jan. 11, 2002, 115 Stat. 2360, 2370, 2372, 2375; Pub. L. 115–141, div. N, §§ 2–5(a), Mar. 23, 2018, 132 Stat. 1052, 1053.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (5), (13), (20)(D), (G), (35)(C), (D), (39)(B)(iii), (D)(ii)(II)(bb), and (40)(A)(ii)(II), (B)(vii), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980. For complete classification of this Act to the Code, see Short Title note below and Tables. The Safe Drinking Water Act, referred to in pars. (7), (10), and (39)(B)(iv), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. Part C of the Safe Drinking Water Act is classified generally to part C (§ 300h et seq.) of subchapter XII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in pars. (8) and (16), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classi- fied principally to chapter 38 (§ 1801 et seq.) of Title 16, Conservation. The fishery conservation zone estab- lished by this Act, referred to in par. (16), was estab- Page 7718 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 lished by section 101 of this Act (16 U.S.C. 1811), which as amended generally by Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United States sovereign rights and fishery management authority over fish within the exclusive economic zone as defined in section 1802 of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. The Clean Air Act, referred to in par. (10), is act July 14, 1955, ch. 360, as amended generally by Pub. L. 88–206, Dec. 17, 1963, 77 Stat. 392, and later by Pub. L. 95–95, Aug. 7, 1977, 91 Stat. 685. The Clean Air Act was origi- nally classified to chapter 15B (§ 1857 et seq.) of this title. On enactment of Pub. L. 95–95, the Act was reclas- sified to chapter 85 (§ 7401 et seq.) of this title. Parts C and D of title I of the Clean Air Act are classified gen- erally to parts C (§ 7470 et seq.) and D (§ 7501 et seq.), re- spectively, of subchapter I of chapter 85 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. The Atomic Energy Act of 1954, referred to in pars. (10) and (22), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Solid Waste Disposal Act, referred to in pars. (14), (39)(B)(iv), (vi)(I), (ix), and (41)(B)(i), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitles C and I of the Act are clas- sified generally to subchapters III (§ 6921 et seq.) and IX (§ 6991 et seq.), respectively, of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in par. (20)(E), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Farm Credit Act of 1971, referred to in par. (20)(H)(iv)(III), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables. The Disaster Relief and Emergency Assistance Act, referred to in par. (23), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The Federal Water Pollution Control Act, referred to in pars. (31) and (39)(B)(iv), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Clean Water Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. Section 311(c) of the Act was amended generally by Pub. L. 101–380, title IV, § 4201(a), Aug. 18, 1990, 104 Stat. 523, and no longer contains provisions directing the publishing of a National Contingency Plan. However, such provi- sions are contained in section 1321(d) of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Toxic Substances Control Act, referred to in par. (39)(B)(iv), (viii)(II), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. AMENDMENTS 2018—Par. (20)(D). Pub. L. 115–141, § 2, substituted ‘‘ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue’’ for ‘‘ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involun- tarily acquires title by virtue’’. Par. (20)(E), (F). Pub. L. 115–141, § 3(1), (2), added sub- par. (E) and redesignated former subpar. (E) as (F). Former subpar. (F) redesignated (G). Par. (20)(G). Pub. L. 115–141, § 3(1), (3), redesignated subpar. (F) as (G) and substituted ‘‘subparagraph (F)’’ for ‘‘subparagraph (E)’’ in introductory provisions. Former subpar. (G) redesignated (H). Par. (20)(H). Pub. L. 115–141, § 3(1), (4), redesignated subpar. (G) as (H) and substituted ‘‘of title 12) or’’ for ‘‘of title 12 or’’ in cl. (i)(II). Par. (39)(D)(ii)(II)(bb). Pub. L. 115–141, § 4, amended item (bb) generally. Prior to amendment, item (bb) read as follows: ‘‘is a site determined by the Adminis- trator or the State, as appropriate, to be— ‘‘(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and ‘‘(BB) a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and’’. Par. (40). Pub. L. 115–141, § 5(a), made numerous amendments to structure of par. (40), resulting in sub- stitution of subpar. (A) for former introductory provi- sions, insertion of subpar. (B) designation, heading, and introductory provisions, redesignation of former sub- pars. (A) to (H) as cls. (i) to (viii), respectively, of sub- par. (B), redesignation of cls. and subcls. within former subpars. (A) to (H) as subcls. and items, respectively, within cls. (i) to (viii), and realignment of margins. Par. (40)(B). Pub. L. 115–141, § 5(a)(1)(B)–(D), just prior to redesignation of subpar. (B) as cl. (ii) of subpar. (B), substituted ‘‘subclauses (II) and (III)’’ for ‘‘clauses (ii) and (iii)’’ in subcl. (I) and ‘‘clause’’ for ‘‘subparagraph’’ in subcls. (II) and (III). Par. (40)(H)(i)(II). Pub. L. 115–141, § 5(a)(4)(A)(i), just prior to redesignation of subpar. (H)(i)(II) as cl. (viii)(I)(bb) of subpar. (B), inserted ‘‘, by a tenancy, by the instruments by which a leasehold interest in the fa- cility is created,’’ after ‘‘financed’’. 2002—Par. (35)(A). Pub. L. 107–118, § 223(1), in introduc- tory provisions substituted ‘‘deeds, easements, leases, or’’ for ‘‘deeds or’’ and in concluding provisions sub- stituted ‘‘the defendant has satisfied’’ for ‘‘he has satis- fied’’ and inserted before period at end ‘‘, provides full cooperation, assistance, and facility access to the per- sons that are authorized to conduct response actions at the facility (including the cooperation and access nec- essary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility), is in compliance with any land use re- strictions established or relied on in connection with the response action at a facility, and does not impede the effectiveness or integrity of any institutional con- trol employed at the facility in connection with a re- sponse action’’. Par. (35)(B). Pub. L. 107–118, § 223(2), added subpar. (B) and struck out former subpar. (B) which read as fol- lows: ‘‘To establish that the defendant had no reason to know, as provided in clause (i) of subparagraph (A) of this paragraph, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property con- sistent with good commercial or customary practice in an effort to minimize liability. For purposes of the pre- ceding sentence the court shall take into account any specialized knowledge or experience on the part of the defendant, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about Page 7719 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate in- spection.’’ Par. (39). Pub. L. 107–118, § 211(a), added par. (39). Par. (40). Pub. L. 107–118, § 222(a), added par. (40). Par. (41). Pub. L. 107–118, § 231(a), added par. (41). 1999—Par. (20)(D). Pub. L. 106–74, which directed the amendment of subpar. (D) by inserting ‘‘through sei- zure or otherwise in connection with law enforcement activity’’ before ‘‘involuntary’’ the first place it ap- pears, could not be executed because the word ‘‘invol- untary’’ does not appear in subpar. (D). 1996—Pars. (8), (16). Pub. L. 104–208, § 101(a) [title II, § 211(b)], substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Par. (20)(E) to (G). Pub. L. 104–208, § 2502(b), added sub- pars. (E) to (G). Par. (26). Pub. L. 104–287 substituted ‘‘section 60101(a) of title 49’’ for ‘‘the Pipeline Safety Act’’. 1994—Par. (26). Pub. L. 103–429 substituted ‘‘a haz- ardous liquid pipeline facility’’ for ‘‘pipeline’’. 1988—Par. (23). Pub. L. 100–707 substituted ‘‘Disaster Relief and Emergency Assistance Act’’ for ‘‘Disaster Relief Act of 1974’’. 1986—Pub. L. 99–499, § 101(f), struck out ‘‘, the term’’ after ‘‘subchapter’’ in introductory text. Pars. (1) to (10). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and substituted a period for the semicolon at end. Par. (11). Pub. L. 99–499, § 517(c)(2), amended par. (11) generally. Prior to amendment, par. (11) read as fol- lows: ‘‘The term ‘Fund’ or ‘Trust Fund’ means the Haz- ardous Substance Response Fund established by section 9631 of this title or, in the case of a hazardous waste disposal facility for which liability has been trans- ferred under section 9607(k) of this title, the Post-clo- sure Liability Fund established by section 9641 of this title.’’ Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and sub- stituted a period for the semicolon at end. Pars. (12) to (15). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and substituted a period for the semicolon at end. Par. (16). Pub. L. 99–499, § 101(a), (f), inserted ‘‘The term’’, struck out ‘‘or’’ after ‘‘local government,’’ in- serted ‘‘, any Indian tribe, or, if such resources are sub- ject to a trust restriction on alienation, any member of an Indian tribe’’, and substituted a period for the semi- colon at end. Pars. (17) to (19). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and substituted a period for the semicolon at end. Par. (20)(A). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’. Pub. L. 99–499, § 101(b)(2), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: ‘‘in the case of any abandoned facility, any person who owned, operated, or otherwise controlled activities at such fa- cility immediately prior to such abandonment.’’ Pub. L. 99–499, § 101(b)(3), in provisions following subcl. (iii), substituted a period for the semicolon at end. Par. (20)(B), (C). Pub. L. 99–499, § 101(b)(3), substituted ‘‘In the case’’ for ‘‘in the case’’ and a period for the semicolon at end. Par. (20)(D). Pub. L. 99–499, § 101(b)(1), (f), added sub- par. (D). The part of § 101(f) of Pub. L. 99–499 which di- rected the amendment of par. (20) by changing the semicolon at end to a period could not be executed in view of the prior amendment of par. (20) by § 101(b)(1) of Pub. L. 99–499 which added subpar. (D) ending in a pe- riod. Par. (21). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and substituted a period for the semicolon at end. Par. (22). Pub. L. 99–499, § 101(c), (f), inserted ‘‘The term’’ and ‘‘(including the abandonment or discarding of barrels, containers, and other closed receptacles con- taining any hazardous substance or pollutant or con- taminant)’’, substituted a period for the semicolon at end. Par. (23). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’ and substituted a period for the semicolon at end. Par. (24). Pub. L. 99–499, § 101(d), (f), inserted ‘‘The terms’’ and substituted ‘‘and associated contaminated materials’’ for ‘‘or contaminated materials’’ and ‘‘wel- fare; the term includes offsite transport and offsite storage, treatment, destruction, or secure disposition of hazardous substances and associated contaminated materials.’’ for ‘‘welfare. The term does not include off- site transport of hazardous substances, or the storage, treatment, destruction, or secure disposition offsite of such hazardous substances or contaminated materials unless the President determines that such actions (A) are more cost-effective than other remedial actions, (B) will create new capacity to manage, in compliance with subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], hazardous substances in addition to those located at the affected facility, or (C) are necessary to protect public health or welfare or the environment from a present or potential risk which may be created by further exposure to the continued presence of such substances or materials;’’. The part of § 101(f) of Pub. L. 99–499 which directed amendment of par. (24) by chang- ing the semicolon at end to a period could not be exe- cuted in view of prior amendment of par. (24) by § 101(d) of Pub. L. 99–499 which substituted language at end of par. (24) ending in a period for former language ending in a semicolon. Par. (25). Pub. L. 99–499, § 101(e), (f), inserted ‘‘The terms’’ and ‘‘, all such terms (including the terms ‘re- moval’ and ‘remedial action’) include enforcement ac- tivities related thereto.’’ The part of § 101(f) of Pub. L. 99–499 which directed amendment of par. (25) by chang- ing the semicolon at end to a period could not be exe- cuted in view of prior amendment of par. (25) by § 101(e) of Pub. L. 99–499 inserting language and a period at end of par. (25). Pars. (26), (27). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’ and substituted a period for the semicolon at end. Par. (28). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and substituted a period for the semicolon at end. Par. (29). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’ and substituted a period for the semicolon at end. Par. (30). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’. Par. (31). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’ and substituted a period for ‘‘; and’’. Par. (32). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’. Pars. (33) to (36). Pub. L. 99–499, § 101(f), added pars. (33) to (36). Par. (37). Pub. L. 99–499, § 114(b), added par. (37). Par. (38). Pub. L. 99–499, § 127(a), added par. (38). 1980—Pars. (8), (16). Pub. L. 96–561 substituted ‘‘Mag- nuson Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. Amendment by section 2502(b) of Pub. L. 104–208 ap- plicable with respect to any claim that has not been fi- nally adjudicated as of Sept. 30, 1996, see section 2505 of Pub. L. 104–208, set out as a note under section 6991b of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–499, § 4, Oct. 17, 1986, 100 Stat. 1614, provided that: ‘‘Except as otherwise specified in section 121(b) of this Act [set out as an Effective Date note under sec- tion 9621 of this title] or in any other provision of titles I, II, III, and IV of this Act [see Tables for classifica- tion], the amendments made by titles I through IV of this Act [enacting subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9660, and 9661 of this title and sections 2701 to 2707 and 2810 of Title 10, Armed Page 7720 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9602 Forces, amending sections 6926, 6928, 6991 to 6991d, 6991g, 9601 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title and section 1416 of Title 33, Navigation and Navigable Waters, and renumbering former section 2701 of Title 10 as section 2721 of Title 10] shall take effect on the enactment of this Act [Oct. 17, 1986].’’ Amendment by section 517(c)(2) of Pub. L. 99–499 ef- fective Jan. 1, 1987, see section 517(e) of Pub. L. 99–499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–141, div. N, § 1, Mar. 23, 2018, 132 Stat. 1052, provided that: ‘‘This division [amending this section and sections 9604, 9607, and 9628 of this title] may be cited as the ‘Brownfields Utilization, Investment, and Local Development Act of 2018’ or the ‘BUILD Act’.’’ Pub. L. 115–141, div. S, title XI, § 1101, Mar. 23, 2018, 132 Stat. 1147, provided that: ‘‘This title [amending section 9603 of this title and enacting provisions set out as a note under section 9603 of this title] may be cited as the ‘Fair Agricultural Reporting Method Act’ or the ‘FARM Act’.’’ SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107–118, § 1, Jan. 11, 2002, 115 Stat. 2356, pro- vided that: ‘‘This Act [enacting section 9628 of this title, amending this section and sections 9604, 9605, 9607, and 9622 of this title, and enacting provisions set out as notes under this section and section 9607 of this title] may be cited as the ‘Small Business Liability Relief and Brownfields Revitalization Act’.’’ Pub. L. 107–118, title I, § 101, Jan. 11, 2002, 115 Stat. 2356, provided that: ‘‘This title [amending sections 9607 and 9622 of this title and enacting provisions set out as a note under section 9607 of this title] may be cited as the ‘Small Business Liability Protection Act’.’’ Pub. L. 107–118, title II, § 201, Jan. 11, 2002, 115 Stat. 2360, provided that: ‘‘This title [enacting section 9628 of this title and amending this section and sections 9604, 9605, and 9607 of this title] may be cited as the ‘Brownfields Revitalization and Environmental Res- toration Act of 2001’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title II, § 2501, Sept. 30, 1996, 110 Stat. 3009–462, provided that: ‘‘This subtitle [subtitle E (§§ 2501–2505) of title II of div. A of Pub. L. 104–208, amending this section and sections 6991b and 9607 of this title and enacting provisions set out as a note under section 6991b of this title] may be cited as the ‘Asset Conservation, Lender Liability, and Deposit In- surance Protection Act of 1996’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–426, § 1, Oct. 19, 1992, 106 Stat. 2174, pro- vided that: ‘‘This Act [amending section 9620 of this title and enacting provisions set out as a note under section 9620 of this title] may be cited as the ‘Commu- nity Environmental Response Facilitation Act’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–499, § 1, Oct. 17, 1986, 100 Stat. 1613, provided that: ‘‘This Act [enacting subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9662, 11001 to 11005, 11021 to 11023, and 11041 to 11050 of this title, sections 2701 to 2707 and 2810 of Title 10, Armed Forces, and sec- tions 59A, 4671, 4672, 9507, and 9508 of Title 26, Internal Revenue Code, amending this section, sections 6926, 6928, 6991 to 6991d, 6991g, 9602 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title, sections 26, 164, 275, 936, 1561, 4041, 4042, 4081, 4221, 4611, 4612, 4661, 4662, 6154, 6416, 6420, 6421, 6425, 6427, 6655, 9502, 9503, and 9506 of Title 26, and section 1416 of Title 33, Navigation and Navigable Waters, renumbering former section 2701 of Title 10 as section 2721 of Title 10, repealing sections 9631 to 9633, 9641, and 9653 of this title and sections 4681 and 4682 of Title 26, and enacting provisions set out as notes under this section, sections 6921, 6991b, 7401, 9620, 9621, 9658, 9660, 9661, and 11001 of this title, section 2703 of Title 10, sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of Title 26, and section 655 of Title 29, Labor] may be cited as the ‘Superfund Amendments and Reauthorization Act of 1986’.’’ SHORT TITLE Pub. L. 96–510, § 1, Dec. 11, 1980, 94 Stat. 2767, provided: ‘‘That this Act [enacting this chapter, section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amending sec- tion 6911 of this title, section 1364 of Title 33, Naviga- tion and Navigable Waters, and section 11901 of Title 49, Transportation, and enacting provisions set out as notes under section 6911 of this title and sections 1 and 4611 of Title 26] may be cited as the ‘Comprehensive En- vironmental Response, Compensation, and Liability Act of 1980’.’’ DEFINITIONS Pub. L. 99–499, § 2, Oct. 17, 1986, 100 Stat. 1614, provided that: ‘‘As used in this Act [see Short Title of 1986 Amendment note above]— ‘‘(1) CERCLA.—The term ‘CERCLA’ means the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. § 9602. Designation of additional hazardous sub- stances and establishment of reportable re- leased quantities; regulations (a) The Administrator shall promulgate and revise as may be appropriate, regulations desig- nating as hazardous substances, in addition to those referred to in section 9601(14) of this title, such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment, and shall promulgate regulations establishing that quantity of any hazardous substance the re- lease of which shall be reported pursuant to sec- tion 9603 of this title. The Administrator may determine that one single quantity shall be the reportable quantity for any hazardous sub- stance, regardless of the medium into which the hazardous substance is released. For all haz- ardous substances for which proposed regula- tions establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Ad- ministrator shall promulgate under this sub-