42 U.S.C. § 9607 — Liability

Page 7743 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 Subsec. (b)(2)(A). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries COORDINATION OF TITLES I TO IV OF PUB. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, im- posing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 of Pub. L. 99–499, set out as a note under section 1 of Title 26, In- ternal Revenue Code. § 9607. Liability (a) Covered persons; scope; recoverable costs and damages; interest rate; ‘‘comparable ma- turity’’ 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 fa- cility, (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous sub- stances were disposed of, (3) any person who by contract, agreement, or otherwise arranged for disposal or treat- ment, or arranged with a transporter for transport for disposal or treatment, of haz- ardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or oper- ated by another party or entity and con- taining 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 incon- sistent 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, de- struction, or loss resulting from such a re- lease; and (D) the costs of any health assessment or health effects study carried out under sec- tion 9604(i) of this title. The amounts recoverable in an action under this section shall include interest on the amounts re- coverable under subparagraphs (A) through (D). Such interest shall accrue from the later of (i) the date payment of a specified amount is de- manded in writing, or (ii) the date of the expend- iture concerned. The rate of interest on the out- standing unpaid balance of the amounts recover- able under this section shall be the same rate as is specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26. For purposes of applying such amendments to inter- est under this subsection, the term ‘‘comparable maturity’’ shall be determined with reference to the date on which interest accruing under this subsection commences. (b) Defenses There shall be no liability under subsection (a) of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a haz- ardous substance and the damages resulting therefrom were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in con- nection with a contractual relationship, exist- ing directly or indirectly, with the defendant (except where the sole contractual arrange- ment arises from a published tariff and accept- ance for carriage by a common carrier by rail), if the defendant establishes by a preponder- ance of the evidence that (a) he exercised due care with respect to the hazardous substance concerned, taking into consideration the char- acteristics of such hazardous substance, in light of all relevant facts and circumstances, and (b) he took precautions against foresee- able acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or (4) any combination of the foregoing para- graphs. (c) Determination of amounts (1) Except as provided in paragraph (2) of this subsection, the liability under this section of an owner or operator or other responsible person for each release of a hazardous substance or in- cident involving release of a hazardous sub- stance shall not exceed— (A) for any vessel, other than an inciner- ation vessel, which carries any hazardous sub- stance as cargo or residue, $300 per gross ton, or $5,000,000, whichever is greater; (B) for any other vessel, other than an incin- eration vessel, $300 per gross ton, or $500,000, whichever is greater; (C) for any motor vehicle, aircraft, haz- ardous liquid pipeline facility (as defined in section 60101(a) of title 49), or rolling stock, $50,000,000 or such lesser amount as the Presi- dent shall establish by regulation, but in no event less than $5,000,000 (or, for releases of hazardous substances as defined in section 9601(14)(A) of this title into the navigable wa- ters, $8,000,000). Such regulations shall take into account the size, type, location, storage, and handling capacity and other matters re- lating to the likelihood of release in each such class and to the economic impact of such lim- its on each such class; or (D) for any incineration vessel or any facil- ity other than those specified in subparagraph (C) of this paragraph, the total of all costs of response plus $50,000,000 for any damages under this subchapter. (2) Notwithstanding the limitations in para- graph (1) of this subsection, the liability of an Page 7744 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 owner or operator or other responsible person under this section shall be the full and total costs of response and damages, if (A)(i) the re- lease or threat of release of a hazardous sub- stance was the result of willful misconduct or willful negligence within the privity or knowl- edge of such person, or (ii) the primary cause of the release was a violation (within the privity or knowledge of such person) of applicable safety, construction, or operating standards or regula- tions; or (B) such person fails or refuses to pro- vide all reasonable cooperation and assistance requested by a responsible public official in con- nection with response activities under the na- tional contingency plan with respect to regu- lated carriers subject to the provisions of title 49 or vessels subject to the provisions of title 33 or 46, subparagraph (A)(ii) of this paragraph shall be deemed to refer to Federal standards or regulations. (3) If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide re- moval or remedial action upon order of the President pursuant to section 9604 or 9606 of this title, such person may be liable to the United States for punitive damages in an amount at least equal to, and not more than three times, the amount of any costs incurred by the Fund as a result of such failure to take proper action. The President is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 9612(c) of this title. Any moneys re- ceived by the United States pursuant to this subsection shall be deposited in the Fund. (d) Rendering care or advice (1) In general Except as provided in paragraph (2), no per- son shall be liable under this subchapter for costs or damages as a result of actions taken or omitted in the course of rendering care, as- sistance, or advice in accordance with the Na- tional Contingency Plan (‘‘NCP’’) or at the di- rection of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the environment as a result of any releases of a hazardous substance or the threat thereof. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person. (2) State and local governments No State or local government shall be liable under this subchapter for costs or damages as a result of actions taken in response to an emergency created by the release or threat- ened release of a hazardous substance gen- erated by or from a facility owned by another person. This paragraph shall not preclude li- ability for costs or damages as a result of gross negligence or intentional misconduct by the State or local government. For the pur- pose of the preceding sentence, reckless, will- ful, or wanton misconduct shall constitute gross negligence. (3) Savings provision This subsection shall not alter the liability of any person covered by the provisions of paragraph (1), (2), (3), or (4) of subsection (a) of this section with respect to the release or threatened release concerned. (e) Indemnification, hold harmless, etc., agree- ments or conveyances; subrogation rights (1) No indemnification, hold harmless, or simi- lar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section. Nothing in this sub- section shall bar any agreement to insure, hold harmless, or indemnify a party to such agree- ment for any liability under this section. (2) Nothing in this subchapter, including the provisions of paragraph (1) of this subsection, shall bar a cause of action that an owner or op- erator or any other person subject to liability under this section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person. (f) Natural resources liability; designation of public trustees of natural resources (1) Natural resources liability In the case of an injury to, destruction of, or loss of natural resources under subparagraph (C) of subsection (a) liability shall be to the United States Government and to any State for natural resources within the State or be- longing to, managed by, controlled by, or ap- pertaining to such State and to any Indian tribe for natural resources belonging to, man- aged by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restric- tion on alienation: Provided, however, That no liability to the United States or State or In- dian tribe shall be imposed under subpara- graph (C) of subsection (a), where the party sought to be charged has demonstrated that the damages to natural resources complained of were specifically identified as an irrevers- ible and irretrievable commitment of natural resources in an environmental impact state- ment, or other comparable environment anal- ysis, and the decision to grant a permit or li- cense authorizes such commitment of natural resources, and the facility or project was oth- erwise operating within the terms of its per- mit or license, so long as, in the case of dam- ages to an Indian tribe occurring pursuant to a Federal permit or license, the issuance of that permit or license was not inconsistent with the fiduciary duty of the United States with respect to such Indian tribe. The Presi- dent, or the authorized representative of any State, shall act on behalf of the public as trustee of such natural resources to recover for such damages. Sums recovered by the United States Government as trustee under this subsection shall be retained by the trust- ee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural re- Page 7745 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 1 See References in Text note below. sources by the State. The measure of damages in any action under subparagraph (C) of sub- section (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this chapter for natural resource dam- ages, including the costs of damage assess- ment or restoration, rehabilitation, or acquisi- tion for the same release and natural resource. There shall be no recovery under the authority of subparagraph (C) of subsection (a) where such damages and the release of a hazardous substance from which such damages resulted have occurred wholly before December 11, 1980. (2) Designation of Federal and State officials (A) Federal The President shall designate in the Na- tional Contingency Plan published under section 9605 of this title the Federal officials who shall act on behalf of the public as trustees for natural resources under this chapter and section 1321 of title 33. Such of- ficials shall assess damages for injury to, de- struction of, or loss of natural resources for purposes of this chapter and such section 1321 of title 33 for those resources under their trusteeship and may, upon request of and reimbursement from a State and at the Federal officials’ discretion, assess damages for those natural resources under the State’s trusteeship. (B) State The Governor of each State shall designate State officials who may act on behalf of the public as trustees for natural resources under this chapter and section 1321 of title 33 and shall notify the President of such des- ignations. Such State officials shall assess damages to natural resources for the pur- poses of this chapter and such section 1321 of title 33 for those natural resources under their trusteeship. (C) Rebuttable presumption Any determination or assessment of dam- ages to natural resources for the purposes of this chapter and section 1321 of title 33 made by a Federal or State trustee in accordance with the regulations promulgated under sec- tion 9651(c) of this title shall have the force and effect of a rebuttable presumption on be- half of the trustee in any administrative or judicial proceeding under this chapter or section 1321 of title 33. (g) Federal agencies For provisions relating to Federal agencies, see section 9620 of this title. (h) Owner or operator of vessel The owner or operator of a vessel shall be lia- ble in accordance with this section, under mari- time tort law, and as provided under section 9614 of this title notwithstanding any provision of the Act of March 3, 1851 (46 U.S.C. 183ff) 1 or the absence of any physical damage to the propri- etary interest of the claimant. (i) Application of a registered pesticide product No person (including the United States or any State or Indian tribe) may recover under the au- thority of this section for any response costs or damages resulting from the application of a pes- ticide product registered under the Federal In- secticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provi- sion of State or Federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for re- moval or remedial action or the costs of removal or remedial action of such hazardous substance. (j) Obligations or liability pursuant to federally permitted release Recovery by any person (including the United States or any State or Indian tribe) for response costs or damages resulting from a federally per- mitted release shall be pursuant to existing law in lieu of this section. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provi- sion of State or Federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for re- moval or remedial action or the costs of removal or remedial action of such hazardous substance. In addition, costs of response incurred by the Federal Government in connection with a dis- charge specified in section 9601(10)(B) or (C) of this title shall be recoverable in an action brought under section 1319(b) of title 33. (k) Transfer to, and assumption by, Post-Closure Liability Fund of liability of owner or oper- ator of hazardous waste disposal facility in receipt of permit under applicable solid waste disposal law; time, criteria applicable, procedures, etc.; monitoring costs; reports (1) The liability established by this section or any other law for the owner or operator of a haz- ardous waste disposal facility which has re- ceived a permit under subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], shall be transferred to and assumed by the Post-clo- sure Liability Fund established by section 9641 1 of this title when— (A) such facility and the owner and operator thereof has complied with the requirements of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] and regulations issued thereunder, which may affect the performance of such facility after closure; and (B) such facility has been closed in accord- ance with such regulations and the conditions of such permit, and such facility and the sur- rounding area have been monitored as re- quired by such regulations and permit condi- tions for a period not to exceed five years after closure to demonstrate that there is no sub- stantial likelihood that any migration offsite or release from confinement of any hazardous substance or other risk to public health or welfare will occur. (2) Such transfer of liability shall be effective ninety days after the owner or operator of such facility notifies the Administrator of the Envi- ronmental Protection Agency (and the State where it has an authorized program under sec- tion 3006(b) of the Solid Waste Disposal Act [42 U.S.C. 6926(b)]) that the conditions imposed by Page 7746 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 this subsection have been satisfied. If within such ninety-day period the Administrator of the Environmental Protection Agency or such State determines that any such facility has not com- plied with all the conditions imposed by this subsection or that insufficient information has been provided to demonstrate such compliance, the Administrator or such State shall so notify the owner and operator of such facility and the administrator of the Fund established by sec- tion 9641 1 of this title, and the owner and oper- ator of such facility shall continue to be liable with respect to such facility under this section and other law until such time as the Adminis- trator and such State determines that such fa- cility has complied with all conditions imposed by this subsection. A determination by the Ad- ministrator or such State that a facility has not complied with all conditions imposed by this subsection or that insufficient information has been supplied to demonstrate compliance, shall be a final administrative action for purposes of judicial review. A request for additional infor- mation shall state in specific terms the data re- quired. (3) In addition to the assumption of liability of owners and operators under paragraph (1) of this subsection, the Post-closure Liability Fund es- tablished by section 9641 1 of this title may be used to pay costs of monitoring and care and maintenance of a site incurred by other persons after the period of monitoring required by regu- lations under subtitle C of the Solid Waste Dis- posal Act [42 U.S.C. 6921 et seq.] for hazardous waste disposal facilities meeting the conditions of paragraph (1) of this subsection. (4)(A) Not later than one year after December 11, 1980, the Secretary of the Treasury shall con- duct a study and shall submit a report thereon to the Congress on the feasibility of establishing or qualifying an optional system of private in- surance for postclosure financial responsibility for hazardous waste disposal facilities to which this subsection applies. Such study shall include a specification of adequate and realistic min- imum standards to assure that any such pri- vately placed insurance will carry out the pur- poses of this subsection in a reliable, enforce- able, and practical manner. Such a study shall include an examination of the public and private incentives, programs, and actions necessary to make privately placed insurance a practical and effective option to the financing system for the Post-closure Liability Fund provided in sub- chapter II 1 of this chapter. (B) Not later than eighteen months after De- cember 11, 1980, and after a public hearing, the President shall by rule determine whether or not it is feasible to establish or qualify an op- tional system of private insurance for postclosure financial responsibility for haz- ardous waste disposal facilities to which this subsection applies. If the President determines the establishment or qualification of such a sys- tem would be infeasible, he shall promptly pub- lish an explanation of the reasons for such a de- termination. If the President determines the es- tablishment or qualification of such a system would be feasible, he shall promptly publish no- tice of such determination. Not later than six months after an affirmative determination under the preceding sentence and after a public hearing, the President shall by rule promulgate adequate and realistic minimum standards which must be met by any such privately placed insurance, taking into account the purposes of this chapter and this subsection. Such rules shall also specify reasonably expeditious proce- dures by which privately placed insurance plans can qualify as meeting such minimum stand- ards. (C) In the event any privately placed insur- ance plan qualifies under subparagraph (B), any person enrolled in, and complying with the terms of, such plan shall be excluded from the provisions of paragraphs (1), (2), and (3) of this subsection and exempt from the requirements to pay any tax or fee to the Post-closure Liability Fund under subchapter II 1 of this chapter. (D) The President may issue such rules and take such other actions as are necessary to ef- fectuate the purposes of this paragraph. (5) SUSPENSION OF LIABILITY TRANSFER.—Not- withstanding paragraphs (1), (2), (3), and (4) of this subsection and subsection (j) of section 9611 of this title, no liability shall be transferred to or assumed by the Post-Closure Liability Trust Fund established by section 9641 1 of this title prior to completion of the study required under paragraph (6) of this subsection, transmission of a report of such study to both Houses of Con- gress, and authorization of such a transfer or as- sumption by Act of Congress following receipt of such study and report. (6) STUDY OF OPTIONS FOR POST-CLOSURE PRO- GRAM.— (A) STUDY.—The Comptroller General shall conduct a study of options for a program for the management of the liabilities associated with hazardous waste treatment, storage, and disposal sites after their closure which com- plements the policies set forth in the Haz- ardous and Solid Waste Amendments of 1984 and assures the protection of human health and the environment. (B) PROGRAM ELEMENTS.—The program re- ferred to in subparagraph (A) shall be designed to assure each of the following: (i) Incentives are created and maintained for the safe management and disposal of haz- ardous wastes so as to assure protection of human health and the environment. (ii) Members of the public will have rea- sonable confidence that hazardous wastes will be managed and disposed of safely and that resources will be available to address any problems that may arise and to cover costs of long-term monitoring, care, and maintenance of such sites. (iii) Persons who are or seek to become owners and operators of hazardous waste dis- posal facilities will be able to manage their potential future liabilities and to attract the investment capital necessary to build, oper- ate, and close such facilities in a manner which assures protection of human health and the environment. (C) ASSESSMENTS.—The study under this paragraph shall include assessments of treat- ment, storage, and disposal facilities which have been or are likely to be issued a permit under section 3005 of the Solid Waste Disposal Page 7747 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 Act [42 U.S.C. 6925] and the likelihood of fu- ture insolvency on the part of owners and op- erators of such facilities. Separate assess- ments shall be made for different classes of fa- cilities and for different classes of land dis- posal facilities and shall include but not be limited to— (i) the current and future financial capa- bilities of facility owners and operators; (ii) the current and future costs associated with facilities, including the costs of routine monitoring and maintenance, compliance monitoring, corrective action, natural re- source damages, and liability for damages to third parties; and (iii) the availability of mechanisms by which owners and operators of such facilities can assure that current and future costs, in- cluding post-closure costs, will be financed. (D) PROCEDURES.—In carrying out the re- sponsibilities of this paragraph, the Comp- troller General shall consult with the Admin- istrator, the Secretary of Commerce, the Sec- retary of the Treasury, and the heads of other appropriate Federal agencies. (E) CONSIDERATION OF OPTIONS.—In con- ducting the study under this paragraph, the Comptroller General shall consider various mechanisms and combinations of mechanisms to complement the policies set forth in the Hazardous and Solid Waste Amendments of 1984 to serve the purposes set forth in subpara- graph (B) and to assure that the current and future costs associated with hazardous waste facilities, including post-closure costs, will be adequately financed and, to the greatest ex- tent possible, borne by the owners and opera- tors of such facilities. Mechanisms to be con- sidered include, but are not limited to— (i) revisions to closure, post-closure, and financial responsibility requirements under subtitles C and I of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq., 6991 et seq.]; (ii) voluntary risk pooling by owners and operators; (iii) legislation to require risk pooling by owners and operators; (iv) modification of the Post-Closure Li- ability Trust Fund previously established by section 9641 1 of this title, and the conditions for transfer of liability under this sub- section, including limiting the transfer of some or all liability under this subsection only in the case of insolvency of owners and operators; (v) private insurance; (vi) insurance provided by the Federal Government; (vii) coinsurance, reinsurance, or pooled- risk insurance, whether provided by the pri- vate sector or provided or assisted by the Federal Government; and (viii) creation of a new program to be ad- ministered by a new or existing Federal agency or by a federally chartered corpora- tion. (F) RECOMMENDATIONS.—The Comptroller General shall consider options for funding any program under this section and shall, to the extent necessary, make recommendations to the appropriate committees of Congress for additional authority to implement such pro- gram. (l) Federal lien (1) In general All costs and damages for which a person is liable to the United States under subsection (a) of this section (other than the owner or op- erator of a vessel under paragraph (1) of sub- section (a)) shall constitute a lien in favor of the United States upon all real property and rights to such property which— (A) belong to such person; and (B) are subject to or affected by a removal or remedial action. (2) Duration The lien imposed by this subsection shall arise at the later of the following: (A) The time costs are first incurred by the United States with respect to a response ac- tion under this chapter. (B) The time that the person referred to in paragraph (1) is provided (by certified or reg- istered mail) written notice of potential li- ability. Such lien shall continue until the liability for the costs (or a judgment against the person arising out of such liability) is satisfied or be- comes unenforceable through operation of the statute of limitations provided in section 9613 of this title. (3) Notice and validity The lien imposed by this subsection shall be subject to the rights of any purchaser, holder of a security interest, or judgment lien cred- itor whose interest is perfected under applica- ble State law before notice of the lien has been filed in the appropriate office within the State (or county or other governmental subdivision), as designated by State law, in which the real property subject to the lien is located. Any such purchaser, holder of a security interest, or judgment lien creditor shall be afforded the same protections against the lien imposed by this subsection as are afforded under State law against a judgment lien which arises out of an unsecured obligation and which arises as of the time of the filing of the notice of the lien imposed by this subsection. If the State has not by law designated one office for the re- ceipt of such notices of liens, the notice shall be filed in the office of the clerk of the United States district court for the district in which the real property is located. For purposes of this subsection, the terms ‘‘purchaser’’ and ‘‘security interest’’ shall have the definitions provided under section 6323(h) of title 26. (4) Action in rem The costs constituting the lien may be re- covered in an action in rem in the United States district court for the district in which the removal or remedial action is occurring or has occurred. Nothing in this subsection shall affect the right of the United States to bring an action against any person to recover all costs and damages for which such person is liable under subsection (a) of this section. Page 7748 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 (m) Maritime lien All costs and damages for which the owner or operator of a vessel is liable under subsection (a)(1) with respect to a release or threatened re- lease from such vessel shall constitute a mari- time lien in favor of the United States on such vessel. Such costs may be recovered in an action in rem in the district court of the United States for the district in which the vessel may be found. Nothing in this subsection shall affect the right of the United States to bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs. (n) Liability of fiduciaries (1) In general The liability of a fiduciary under any provi- sion of this chapter for the release or threat- ened release of a hazardous substance at, from, or in connection with a vessel or facility held in a fiduciary capacity shall not exceed the as- sets held in the fiduciary capacity. (2) Exclusion Paragraph (1) does not apply to the extent that a person is liable under this chapter inde- pendently of the person’s ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity. (3) Limitation Paragraphs (1) and (4) do not limit the liabil- ity pertaining to a release or threatened re- lease of a hazardous substance if negligence of a fiduciary causes or contributes to the re- lease or threatened release. (4) Safe harbor A fiduciary shall not be liable in its personal capacity under this chapter for— (A) undertaking or directing another per- son to undertake a response action under subsection (d)(1) or under the direction of an on scene coordinator designated under the National Contingency Plan; (B) undertaking or directing another per- son to undertake any other lawful means of addressing a hazardous substance in connec- tion with the vessel or facility; (C) terminating the fiduciary relationship; (D) including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying or enforcing the term or condi- tion; (E) monitoring or undertaking 1 or more inspections of the vessel or facility; (F) providing financial or other advice or counseling to other parties to the fiduciary relationship, including the settlor or bene- ficiary; (G) restructuring, renegotiating, or other- wise altering the terms and conditions of the fiduciary relationship; (H) administering, as a fiduciary, a vessel or facility that was contaminated before the fiduciary relationship began; or (I) declining to take any of the actions de- scribed in subparagraphs (B) through (H). (5) Definitions As used in this chapter: (A) Fiduciary The term ‘‘fiduciary’’— (i) means a person acting for the benefit of another party as a bona fide— (I) trustee; (II) executor; (III) administrator; (IV) custodian; (V) guardian of estates or guardian ad litem; (VI) receiver; (VII) conservator; (VIII) committee of estates of inca- pacitated persons; (IX) personal representative; (X) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financ- ing agreement, for debt securities, cer- tificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or (XI) representative in any other capac- ity that the Administrator, after pro- viding public notice, determines to be similar to the capacities described in subclauses (I) through (X); and (ii) does not include— (I) a person that is acting as a fidu- ciary with respect to a trust or other fi- duciary estate that was organized for the primary purpose of, or is engaged in, ac- tively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facili- tate, 1 or more estate plans or because of the incapacity of a natural person; or (II) a person that acquires ownership or control of a vessel or facility with the objective purpose of avoiding liability of the person or of any other person. (B) Fiduciary capacity The term ‘‘fiduciary capacity’’ means the capacity of a person in holding title to a ves- sel or facility, or otherwise having control of or an interest in the vessel or facility, pursu- ant to the exercise of the responsibilities of the person as a fiduciary. (6) Savings clause Nothing in this subsection— (A) affects the rights or immunities or other defenses that are available under this chapter or other law that is applicable to a person subject to this subsection; or (B) creates any liability for a person or a private right of action against a fiduciary or any other person. (7) No effect on certain persons Nothing in this subsection applies to a per- son if the person— (A)(i) acts in a capacity other than that of a fiduciary or in a beneficiary capacity; and (ii) in that capacity, directly or indirectly benefits from a trust or fiduciary relation- ship; or (B)(i) is a beneficiary and a fiduciary with respect to the same fiduciary estate; and Page 7749 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 (ii) as a fiduciary, receives benefits that exceed customary or reasonable compensa- tion, and incidental benefits, permitted under other applicable law. (8) Limitation This subsection does not preclude a claim under this chapter against— (A) the assets of the estate or trust admin- istered by the fiduciary; or (B) a nonemployee agent or independent contractor retained by a fiduciary. (o) De micromis exemption (1) In general Except as provided in paragraph (2), a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under this chapter if liability is based solely on paragraph (3) or (4) of subsection (a), and the person, except as provided in para- graph (4) of this subsection, can demonstrate that— (A) the total amount of the material con- taining hazardous substances that the per- son arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, at the facility was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the Administrator may determine by reg- ulation); and (B) all or part of the disposal, treatment, or transport concerned occurred before April 1, 2001. (2) Exceptions Paragraph (1) shall not apply in a case in which— (A) the President determines that— (i) the materials containing hazardous substances referred to in paragraph (1) have contributed significantly or could contribute significantly, either individ- ually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; or (ii) the person has failed to comply with an information request or administrative subpoena issued by the President under this chapter or has impeded or is imped- ing, through action or inaction, the per- formance of a response action or natural resource restoration with respect to the fa- cility; or (B) a person has been convicted of a crimi- nal violation for the conduct to which the exemption would apply, and that conviction has not been vitiated on appeal or otherwise. (3) No judicial review A determination by the President under paragraph (2)(A) shall not be subject to judi- cial review. (4) Nongovernmental third-party contribution actions In the case of a contribution action, with re- spect to response costs at a facility on the Na- tional Priorities List, brought by a party, other than a Federal, State, or local govern- ment, under this chapter, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraph (1)(A) and (B) of this subsection are not met. (p) Municipal solid waste exemption (1) In general Except as provided in paragraph (2) of this subsection, a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under paragraph (3) of subsection (a) for municipal solid waste dis- posed of at a facility if the person, except as provided in paragraph (5) of this subsection, can demonstrate that the person is— (A) an owner, operator, or lessee of resi- dential property from which all of the per- son’s municipal solid waste was generated with respect to the facility; (B) a business entity (including a parent, subsidiary, or affiliate of the entity) that, during its 3 taxable years preceding the date of transmittal of written notification from the President of its potential liability under this section, employed on average not more than 100 full-time individuals, or the equiva- lent thereof, and that is a small business concern (within the meaning of the Small Business Act (15 U.S.C. 631 et seq.)) from which was generated all of the municipal solid waste attributable to the entity with respect to the facility; or (C) an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title that, during its taxable year preceding the date of trans- mittal of written notification from the President of its potential liability under this section, employed not more than 100 paid in- dividuals at the location from which was generated all of the municipal solid waste attributable to the organization with respect to the facility. For purposes of this subsection, the term ‘‘af- filiate’’ has the meaning of that term provided in the definition of ‘‘small business concern’’ in regulations promulgated by the Small Busi- ness Administration in accordance with the Small Business Act (15 U.S.C. 631 et seq.). (2) Exception Paragraph (1) shall not apply in a case in which the President determines that— (A) the municipal solid waste referred to in paragraph (1) has contributed signifi- cantly or could contribute significantly, ei- ther individually or in the aggregate, to the cost of the response action or natural re- source restoration with respect to the facil- ity; (B) the person has failed to comply with an information request or administrative sub- poena issued by the President under this chapter; or (C) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource res- toration with respect to the facility. Page 7750 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 (3) No judicial review A determination by the President under paragraph (2) shall not be subject to judicial review. (4) Definition of municipal solid waste (A) In general For purposes of this subsection, the term ‘‘municipal solid waste’’ means waste mate- rial— (i) generated by a household (including a single or multifamily residence); and (ii) generated by a commercial, indus- trial, or institutional entity, to the extent that the waste material— (I) is essentially the same as waste normally generated by a household; (II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and (III) contains a relative quantity of hazardous substances no greater than the relative quantity of hazardous sub- stances contained in waste material gen- erated by a typical single-family house- hold. (B) Examples Examples of municipal solid waste under subparagraph (A) include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household haz- ardous waste. (C) Exclusions The term ‘‘municipal solid waste’’ does not include— (i) combustion ash generated by resource recovery facilities or municipal inciner- ators; or (ii) waste material from manufacturing or processing operations (including pollu- tion control operations) that is not essen- tially the same as waste normally gen- erated by households. (5) Burden of proof In the case of an action, with respect to re- sponse costs at a facility on the National Pri- orities List, brought under this section or sec- tion 9613 of this title by— (A) a party, other than a Federal, State, or local government, with respect to municipal solid waste disposed of on or after April 1, 2001; or (B) any party with respect to municipal solid waste disposed of before April 1, 2001, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraphs (1) and (4) for exemption for entities and organizations described in paragraph (1)(B) and (C) are not met. (6) Certain actions not permitted No contribution action may be brought by a party, other than a Federal, State, or local government, under this chapter with respect to circumstances described in paragraph (1)(A). (7) Costs and fees A nongovernmental entity that commences, after January 11, 2002, a contribution action under this chapter shall be liable to the de- fendant for all reasonable costs of defending the action, including all reasonable attorney’s fees and expert witness fees, if the defendant is not liable for contribution based on an exemp- tion under this subsection or subsection (o). (q) Contiguous properties (1) Not considered to be an owner or operator (A) In general A person that owns real property that is contiguous to or otherwise similarly situ- ated with respect to, and that is or may be contaminated by a release or threatened re- lease of a hazardous substance from, real property that is not owned by that person shall not be considered to be an owner or op- erator of a vessel or facility under paragraph (1) or (2) of subsection (a) solely by reason of the contamination if— (i) the person did not cause, contribute, or consent to the release or threatened re- lease; (ii) 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 any direct or indirect familial relationship or any contractual, cor- porate, or financial relationship (other than a contractual, corporate, or finan- cial relationship that is created 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; (iii) the person takes reasonable 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 hazardous substance released on or from property owned by that person; (iv) the person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at the vessel or facility from which there has been a re- lease or threatened release (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial re- sponse action or natural resource restora- tion at the vessel or facility); (v) the person— (I) is in compliance with any land use restrictions established or relied on in connection with the response action at the facility; and (II) does not impede the effectiveness or integrity of any institutional control Page 7751 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 employed in connection with a response action; (vi) the person is in compliance with any request for information or administrative subpoena issued by the President under this chapter; (vii) the person provides all legally re- quired notices with respect to the dis- covery or release of any hazardous sub- stances at the facility; and (viii) at the time at which the person ac- quired the property, the person— (I) conducted all appropriate inquiry within the meaning of section 9601(35)(B) of this title with respect to the property; and (II) did not know or have reason to know that the property was or could be contaminated by a release or threatened release of one or more hazardous sub- stances from other real property not owned or operated by the person. (B) Demonstration To qualify as a person described in sub- paragraph (A), a person must establish by a preponderance of the evidence that the con- ditions in clauses (i) through (viii) of sub- paragraph (A) have been met. (C) Bona fide prospective purchaser Any person that does not qualify as a per- son described in this paragraph because the person had, or had reason to have, knowl- edge specified in subparagraph (A)(viii) at the time of acquisition of the real property may qualify as a bona fide prospective pur- chaser under section 9601(40) of this title if the person is otherwise described in that sec- tion. (D) Ground water With respect to a hazardous substance from one or more sources that are not on the property of a person that is a contiguous property owner that enters ground water be- neath the property of the person solely as a result of subsurface migration in an aquifer, subparagraph (A)(iii) shall not require the person to conduct ground water investiga- tions or to install ground water remediation systems, except in accordance with the pol- icy of the Environmental Protection Agency concerning owners of property containing contaminated aquifers, dated May 24, 1995. (2) Effect of law With respect to a person described in this subsection, nothing in this subsection— (A) limits any defense to liability that may be available to the person under any other provision of law; or (B) imposes liability on the person that is not otherwise imposed by subsection (a). (3) Assurances The Administrator may— (A) issue an assurance that no enforcement action under this chapter will be initiated against a person described in paragraph (1); and (B) grant a person described in paragraph (1) protection against a cost recovery or con- tribution action under section 9613(f) of this title. (r) Prospective purchaser and windfall lien (1) Limitation on liability Notwithstanding subsection (a)(1), a bona fide prospective purchaser whose potential li- ability for a release or threatened release is based solely on the bona fide prospective pur- chaser being considered to be an owner or op- erator of a facility shall not be liable as long as the bona fide prospective purchaser does not impede the performance of a response ac- tion or natural resource restoration. (2) Lien If there are unrecovered response costs in- curred by the United States at a facility for which an owner of the facility is not liable by reason of paragraph (1), and if each of the con- ditions described in paragraph (3) is met, the United States shall have a lien on the facility, or may by agreement with the owner, obtain from the owner a lien on any other property or other assurance of payment satisfactory to the Administrator, for the unrecovered response costs. (3) Conditions The conditions referred to in paragraph (2) are the following: (A) Response action A response action for which there are un- recovered costs of the United States is car- ried out at the facility. (B) Fair market value The response action increases the fair market value of the facility above the fair market value of the facility that existed be- fore the response action was initiated. (4) Amount; duration A lien under paragraph (2)— (A) shall be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property; (B) shall arise at the time at which costs are first incurred by the United States with respect to a response action at the facility; (C) shall be subject to the requirements of subsection (l)(3); and (D) shall continue until the earlier of— (i) satisfaction of the lien by sale or other means; or (ii) notwithstanding any statute of limi- tations under section 9613 of this title, re- covery of all response costs incurred at the facility. (Pub. L. 96–510, title I, § 107, Dec. 11, 1980, 94 Stat. 2781; Pub. L. 99–499, title I, §§ 107(a)–(d)(2), (e), (f), 127(b), (e), title II, §§ 201, 207(c), Oct. 17, 1986, 100 Stat. 1628–1630, 1692, 1693, 1705; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–429, § 7(e)(2), Oct. 31, 1994, 108 Stat. 4390; Pub. L. 104–208, div. A, title II, § 2502(a), Sept. 30, 1996, 110 Stat. 3009–462; Pub. L. 104–287, § 6(j)(2), Oct. 11, 1996, 110 Stat. 3400; Pub. L. 107–118, title I, § 102(a), title II, §§ 221, 222(b), Jan. 11, 2002, 115 Page 7752 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9607 Stat. 2356, 2368, 2371; Pub. L. 115–141, div. N, § 5(b), Mar. 23, 2018, 132 Stat. 1054.) 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 is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. Such amendments, referred to in the last sentence of subsec. (a), probably means the amendments made by Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, known as the ‘‘Superfund Amendments and Reauthorization Act of 1986’’. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 9601 of this title and Tables. Act of March 3, 1851 (46 U.S.C. 183ff), referred to in subsec. (h), is act Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the Revised Statutes as R.S. §§ 4282, 4283, 4284 to 4287 and 4289, which were classified to sections 182, 183, and 184 to 188 of the former Appen- dix to Title 46, Shipping, prior to being repealed and re- stated in chapter 305 of Title 46 by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. For disposi- tion of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (i), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to sub- chapter II (§ 136 et seq.) of chapter 6 of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. The Solid Waste Disposal Act, referred to in subsec. (k)(1), (3), (6)(E)(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. Subtitles C and I of the Solid Waste Disposal Act are classified 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. Section 9641 of this title, referred to in subsec. (k), was repealed by Pub. L. 99–499, title V, § 514(b), Oct. 17, 1986, 100 Stat. 1767. Subchapter II of this chapter, referred to in subsec. (k)(4)(A), (C), was in the original ‘‘title II of this Act’’, meaning title II of Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Rev- enue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96–510, which were classified to sec- tions 9631 to 9633 and 9641 of this title, comprising sub- chapter II of this chapter, were repealed by Pub. L. 99–499, title V, §§ 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under section 1 of Title 26 and Tables. The Hazardous and Solid Waste Amendments of 1984, referred to in subsec. (k)(6)(A), (E), is Pub. L. 98–616, Nov. 8, 1984, 98 Stat. 3221. For complete classification of this Act to the Code, see Short Title of 1984 Amend- ment note set out under section 6901 of this title and Tables. The Small Business Act, referred to in subsec. (p)(1), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 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 631 of Title 15 and Tables. AMENDMENTS 2018—Subsec. (r)(1). Pub. L. 115–141 substituted ‘‘bona fide prospective purchaser being considered’’ for ‘‘pur- chaser’s being considered’’. 2002—Subsecs. (o), (p). Pub. L. 107–118, § 102(a), added subsecs. (o) and (p). Subsec. (q). Pub. L. 107–118, § 221, added subsec. (q). Subsec. (r). Pub. L. 107–118, § 222(b), added subsec. (r). 1996—Subsec. (c)(1)(C). Pub. L. 104–287 substituted ‘‘section 60101(a) of title 49’’ for ‘‘the Hazardous Liquid Pipeline Safety Act of 1979’’. Subsec. (n). Pub. L. 104–208 added subsec. (n). 1994—Subsec. (c)(1)(C). Pub. L. 103–429 substituted ‘‘hazardous liquid pipeline facility’’ for ‘‘pipeline’’. 1986—Subsec. (a). Pub. L. 99–514, in penultimate sen- tence, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Pub. L. 99–499, § 107(b), inserted concluding provisions relating to accrual and rate of interest on amounts re- coverable under this section. Subsec. (a)(1). Pub. L. 99–499, § 107(a), struck out ‘‘(otherwise subject to the jurisdiction of the United States)’’ after ‘‘vessel’’. Subsec. (a)(3). Pub. L. 99–499, § 127(b)(1), inserted ‘‘or incineration vessel’’ after ‘‘facility’’. Subsec. (a)(4). Pub. L. 99–499, §§ 107(b), 127(b)(2), 207(c)(1), in introductory provisions, inserted ‘‘, incineration vessels’’ after ‘‘vessels’’, in subpar. (A), inserted ‘‘or an Indian tribe’’ after ‘‘State’’, and added subpar. (D). Subsec. (c)(1)(A). Pub. L. 99–499, § 127(b)(3), inserted ‘‘, other than an incineration vessel,’’ after ‘‘vessel’’. Subsec. (c)(1)(B). Pub. L. 99–499, § 127(b)(4), inserted ‘‘other than an incineration vessel,’’ after ‘‘other ves- sel,’’. Subsec. (c)(1)(D). Pub. L. 99–499, § 127(b)(5), inserted ‘‘any incineration vessel or’’ before ‘‘any facility’’. Subsec. (d). Pub. L. 99–499, § 107(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘No person shall be liable under this sub- chapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the national contingency plan or at the direction of an onscene coordinator ap- pointed under such plan, with respect to an incident creating a danger to public health or welfare or the en- vironment as a result of any release of a hazardous sub- stance or the threat thereof. This subsection shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person. For the purposes of the preceding sen- tence, reckless, willful, or wanton misconduct shall constitute gross negligence.’’ Subsec. (f)(1). Pub. L. 99–499, § 107(d)(1), designated ex- isting provisions as par. (1) and added heading. Pub. L. 99–499, § 207(c)(2)(A), inserted ‘‘and to any In- dian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation’’ after third reference to ‘‘State’’. Pub. L. 99–499, § 207(c)(2)(B), inserted ‘‘or Indian tribe’’ after fourth reference to ‘‘State’’. Pub. L. 99–499, § 207(c)(2)(C), inserted in first sentence ‘‘, so long as, in the case of damages to an Indian tribe occurring pursuant to a Federal permit or license, the issuance of that permit or license was not inconsistent with the fiduciary duty of the United States with re- spect to such Indian tribe’’. Pub. L. 99–499, § 107(d)(2), substituted ‘‘Sums recov- ered by the United States Government as trustee under this subsection shall be retained by the trustee, with- out further appropriation, for use only to restore, re- place, or acquire the equivalent of such natural re- sources. Sums recovered by a State as trustee under this subsection shall be available for use only to re- 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 of any physical damage to the proprietary interest of the claimant’’ before the period at end. Subsec. (i). Pub. L. 99–499, § 207(c)(3), inserted ‘‘or In- dian tribe’’ after ‘‘State’’. Subsec. (j). Pub. L. 99–499, § 207(c)(4), inserted ‘‘or In- dian tribe’’ after first reference to ‘‘State’’. Subsec. (k)(5), (6). Pub. L. 99–499, § 201, added pars. (5) and (6). Subsec. (l). Pub. L. 99–499, § 107(f), added subsec. (l). Subsec. (l)(3). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Subsec. (m). Pub. L. 99–499, § 107(f), added subsec. (m). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 applicable with re- spect to any claim that has not been finally adju- dicated as of Sept. 30, 1996, see section 2505 of Pub. L. 104–208, set out as a note under section 6991b of this title. EFFECT ON CONCLUDED ACTIONS Pub. L. 107–118, title I, § 103, Jan. 11, 2002, 115 Stat. 2360, provided that: ‘‘The amendments made by this title [amending this section and section 9622 of this title] shall not apply to or in any way affect any settle- ment lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before the date of the enactment of this Act [Jan. 11, 2002].’’ CENTRAL HAZARDOUS MATERIALS FUND Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2116, as amended by Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2924, provided in part: ‘‘That here- after, notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party including any fines or pen- alties, shall be credited to this account, to be available until expended without further appropriation: Provided further, That hereafter such sums recovered from or paid by any party are not limited to monetary pay- ments and may include stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and which shall be credited to this account.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 518. Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3041. Pub. L. 108–108, title I, § 310, Nov. 10, 2003, 117 Stat. 1243. Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 218. Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 416. Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 923. Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–136. Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–233. Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1544. Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–182. Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–157; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2500. RECOVERY OF COSTS Pub. L. 104–303, title II, § 209, Oct. 12, 1996, 110 Stat. 3681, provided that: ‘‘Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) for any response action taken by the Secretary in sup- port of the civil works program of the Department of the Army and any other amounts recovered by the Sec- retary from a contractor, insurer, surety, or other per- son to reimburse the Department of the Army for any expenditure for environmental response activities in support of the Army civil works program shall be cred- ited to the appropriate trust fund account from which the cost of such response action has been paid or will be charged.’’ COORDINATION OF TITLES I TO IV OF PUB. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, im- posing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 of Pub. L. 99–499, set out as a note under section 1 of Title 26, In- ternal Revenue Code. § 9608. Financial responsibility (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 (ex- cept 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 main- tain, in accordance with regulations promul- gated by the President, evidence of financial re- sponsibility of $300 per gross ton (or for a vessel carrying hazardous substances as cargo, or $5,000,000, whichever is greater) to cover the li- ability prescribed under paragraph (1) of section 9607(a) of this title. 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, oper- ates, or charters more than one vessel subject to this subsection, evidence of financial responsi- bility need be established only to meet the max-