Notes on 42 U.S.C. § 9601 : US Code - Notes

Search Notes on 42 U.S.C. § 9601 : US Code - Notes

(Pub. L. 96-510, title I, Sec. 101, Dec. 11, 1980, 94 Stat. 2767;
Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.
3300; Pub. L. 99-499, title I, Secs. 101, 114(b), 127(a), title V,
Sec. 517(c)(2), Oct. 17, 1986, 100 Stat. 1615, 1652, 1692, 1774;
Pub. L. 100-707, title I, Sec. 109(v), Nov. 23, 1988, 102 Stat.
4710; Pub. L. 103-429, Sec. 7(e)(1), Oct. 31, 1994, 108 Stat. 4390;
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], title II, Sec. 2502(b), Sept. 30, 1996, 110 Stat. 3009,
3009-41, 3009-464; Pub. L. 104-287, Sec. 6(j)(1), Oct. 11, 1996,
110 Stat. 3399; Pub. L. 106-74, title IV, Sec. 427, Oct. 20, 1999,
113 Stat. 1095; Pub. L. 107-118, title II, Secs. 211(a), 222(a),
223, 231(a), Jan. 11, 2002, 115 Stat. 2360, 2370, 2372, 2375.)
REFERENCES IN TEXT
This chapter, referred to in pars. (5), (13), (20)(D), (G),
(35)(C), (D), (39)(B)(iii), and (40)(G), was in the original "this
Act", meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as
amended, known as the Comprehensive 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, Sec. 2(a), 88 Stat. 1660, as amended, which
is classified generally to subchapter XII (Sec. 300f et seq.) of
chapter 6A of this title. Part C of the Safe Drinking Water Act is
classified generally to part C (Sec. 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, as amended, which is classified principally to
chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. The
fishery conservation zone established by this Act, referred to in
par. (16), was established by section 101 of this Act (16 U.S.C.
1811), which as amended generally by Pub. L. 99-659, title I, Sec.
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 originally classified to chapter
15B (Sec. 1857 et seq.) of this title. On enactment of Pub. L. 95-
95, the Act was reclassified to chapter 85 (Sec. 7401 et seq.) of
this title. Parts C and D of title I of the Clean Air Act are
classified generally to parts C (Sec. 7470 et seq.) and D (Sec.
7501 et seq.), respectively, 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, Sec. 1, 68 Stat. 921, and amended, which is classified
generally to chapter 23 (Sec. 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, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this
title. Subtitles C and I of the Act are classified generally to
subchapters III (Sec. 6921 et seq.) and IX (Sec. 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 Farm Credit Act of 1971, referred to in par.
(20)(G)(iv)(III), is Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583,
as amended, which is classified generally to chapter 23 (Sec. 2001
et seq.) of Title 12, Banks and Banking. For complete
classification 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, as
amended, known as the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, which is classified principally to
chapter 68 (Sec. 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 par.
(39)(B)(iv), is act June 30, 1948, ch. 758, as amended generally by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as
the Clean Water Act, which is classified generally to chapter 26
(Sec. 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, Sec. 4201(a), Aug. 18, 1990, 104 Stat. 523, and no longer
contains provisions directing the publishing of a National
Contingency Plan. However, such provisions 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, as amended, which is classified generally to chapter 53 (Sec.
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
2002 - Par. (35)(A). Pub. L. 107-118, Sec. 223(1), in
introductory provisions substituted "deeds, easements, leases, or"
for "deeds or" and in concluding provisions substituted "the
defendant has satisfied" for "he has satisfied" and inserted before
period at end ", provides full cooperation, assistance, and
facility access to the persons that are authorized to conduct
response actions at the facility (including the cooperation and
access necessary for the installation, integrity, operation, and
maintenance of any complete or partial response action at the
facility), is in compliance with any land use restrictions
established or relied on in connection with the response action at
a facility, and does not impede the effectiveness or integrity of
any institutional control employed at the facility in connection
with a response action".
Par. (35)(B). Pub. L. 107-118, Sec. 223(2), added subpar. (B) and
struck out former subpar. (B) which read as follows: "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 consistent
with good commercial or customary practice in an effort to minimize
liability. For purposes of the preceding 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 the property, the
obviousness of the presence or likely presence of contamination at
the property, and the ability to detect such contamination by
appropriate inspection."
Par. (39). Pub. L. 107-118, Sec. 211(a), added par. (39).
Par. (40). Pub. L. 107-118, Sec. 222(a), added par. (40).
Par. (41). Pub. L. 107-118, Sec. 231(a), added par. (41).
1999 - Par. (20)(D). Pub. L. 106-74, which directed the amendment
of subpar. (D) by inserting "through seizure or otherwise in
connection with law enforcement activity" before "involuntary" the
first place it appears, could not be executed because the word
"involuntary" does not appear in subpar. (D).
1996 - Pars. (8), (16). Pub. L. 104-208, Sec. 101(a) [title II,
Sec. 211(b)], substituted "Magnuson-Stevens Fishery" for "Magnuson
Fishery".
Par. (20)(E) to (G). Pub. L. 104-208, Sec. 2502(b), added
subpars. (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 hazardous 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, Sec. 101(f), struck out ", the term" after
"subchapter" in introductory text.
Pars. (1) to (10). Pub. L. 99-499, Sec. 101(f), inserted "The
term" and substituted a period for the semicolon at end.
Par. (11). Pub. L. 99-499, Sec. 517(c)(2), amended par. (11)
generally. Prior to amendment, par. (11) read as follows: "The term
'Fund' or 'Trust Fund' means the Hazardous 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
transferred under section 9607(k) of this title, the Post-closure
Liability Fund established by section 9641 of this title."
Pub. L. 99-499, Sec. 101(f), inserted "The term" and substituted
a period for the semicolon at end.
Pars. (12) to (15). Pub. L. 99-499, Sec. 101(f), inserted "The
term" and substituted a period for the semicolon at end.
Par. (16). Pub. L. 99-499, Sec. 101(a), (f), inserted "The term",
struck out "or" after "local government," inserted ", any Indian
tribe, or, if such resources are subject to a trust restriction on
alienation, any member of an Indian tribe", and substituted a
period for the semicolon at end.
Pars. (17) to (19). Pub. L. 99-499, Sec. 101(f), inserted "The
term" and substituted a period for the semicolon at end.
Par. (20)(A). Pub. L. 99-499, Sec. 101(f), inserted "The term".
Pub. L. 99-499, Sec. 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 facility immediately prior to such
abandonment."
Pub. L. 99-499, Sec. 101(b)(3), in provisions following subcl.
(iii), substituted a period for the semicolon at end.
Par. (20)(B), (C). Pub. L. 99-499, Sec. 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, Sec. 101(b)(1), (f), added subpar.
(D). The part of Sec. 101(f) of Pub. L. 99-499 which directed 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 Sec. 101(b)(1) of Pub. L. 99-499 which added subpar. (D) ending
in a period.
Par. (21). Pub. L. 99-499, Sec. 101(f), inserted "The term" and
substituted a period for the semicolon at end.
Par. (22). Pub. L. 99-499, Sec. 101(c), (f), inserted "The term"
and "(including the abandonment or discarding of barrels,
containers, and other closed receptacles containing any hazardous
substance or pollutant or contaminant)", substituted a period for
the semicolon at end.
Par. (23). Pub. L. 99-499, Sec. 101(f), inserted "The terms" and
substituted a period for the semicolon at end.
Par. (24). Pub. L. 99-499, Sec. 101(d), (f), inserted "The terms"
and substituted "and associated contaminated materials" for "or
contaminated materials" and "welfare; 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 offsite
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
Sec. 101(f) of Pub. L. 99-499 which directed amendment of par. (24)
by changing the semicolon at end to a period could not be executed
in view of prior amendment of par. (24) by Sec. 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, Sec. 101(e), (f), inserted "The terms"
and ", all such terms (including the terms 'removal' and 'remedial
action') include enforcement activities related thereto." The part
of Sec. 101(f) of Pub. L. 99-499 which directed amendment of par.
(25) by changing the semicolon at end to a period could not be
executed in view of prior amendment of par. (25) by Sec. 101(e) of
Pub. L. 99-499 inserting language and a period at end of par. (25).
Pars. (26), (27). Pub. L. 99-499, Sec. 101(f), inserted "The
terms" and substituted a period for the semicolon at end.
Par. (28). Pub. L. 99-499, Sec. 101(f), inserted "The term" and
substituted a period for the semicolon at end.
Par. (29). Pub. L. 99-499, Sec. 101(f), inserted "The terms" and
substituted a period for the semicolon at end.
Par. (30). Pub. L. 99-499, Sec. 101(f), inserted "The terms".
Par. (31). Pub. L. 99-499, Sec. 101(f), inserted "The term" and
substituted a period for "; and".
Par. (32). Pub. L. 99-499, Sec. 101(f), inserted "The terms".
Pars. (33) to (36). Pub. L. 99-499, Sec. 101(f), added pars. (33)
to (36).
Par. (37). Pub. L. 99-499, Sec. 114(b), added par. (37).
Par. (38). Pub. L. 99-499, Sec. 127(a), added par. (38).
1980 - Pars. (8), (16). Pub. L. 96-561 substituted "Magnuson
Fishery Conservation and Management Act" for "Fishery Conservation
and Management Act of 1976".
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
208 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 applicable with
respect to any claim that has not been finally 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
Section 4 of Pub. L. 99-499 provided that: "Except as otherwise
specified in section 121(b) of this Act [set out as an Effective
Date note under section 9621 of this title] or in any other
provision of titles I, II, III, and IV of this Act [see Tables for
classification], 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 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 effective 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
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107-118, Sec. 1, Jan. 11, 2002, 115 Stat. 2356, provided
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, Sec. 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, Sec. 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 Restoration Act of 2001'."
SHORT TITLE OF 1996 AMENDMENT
Section 2501 of div. A of Pub. L. 104-208 provided that: "This
subtitle [subtitle E (Secs. 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 Insurance Protection
Act of 1996'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-426, Sec. 1, Oct. 19, 1992, 106 Stat. 2174, provided
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 'Community Environmental Response Facilitation
Act'."
SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-499 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 sections 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
Section 1 of Pub. L. 96-510 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 section 6911 of this title, section 1364 of Title 33,
Navigation 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 Environmental Response,
Compensation, and Liability Act of 1980'."
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regulatory
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.
DEFINITIONS
Section 2 of Pub. L. 99-499 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, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
"(2) Administrator. - The term 'Administrator' means the
Administrator of the Environmental Protection Agency."
(!1) So in original. Probably should be "or".
(!2) So in original. Probably should be followed by a closing
parenthesis.
(!3) So in original. Probably should be "mean".
(!4) So in original.
(!5) See References in Text note below.