42 U.S.C. § 9612 : US Code - Section 9612: Claims procedure

Search 42 U.S.C. § 9612 : US Code - Section 9612: Claims procedure

(a) Claims against Fund for response costs
No claim may be asserted against the Fund pursuant to section
9611(a) of this title unless such claim is presented in the first
instance to the owner, operator, or guarantor of the vessel or
facility from which a hazardous substance has been released, if
known to the claimant, and to any other person known to the
claimant who may be liable under section 9607 of this title. In any
case where the claim has not been satisfied within 60 days of
presentation in accordance with this subsection, the claimant may
present the claim to the Fund for payment. No claim against the
Fund may be approved or certified during the pendency of an action
by the claimant in court to recover costs which are the subject of
the claim.
(b) Forms and procedures applicable
(1) Prescribing forms and procedures
The President shall prescribe appropriate forms and procedures
for claims filed hereunder, which shall include a provision
requiring the claimant to make a sworn verification of the claim
to the best of his knowledge. Any person who knowingly gives or
causes to be given any false information as a part of any such
claim shall, upon conviction, be fined in accordance with the
applicable provisions of title 18 or imprisoned for not more than
3 years (or not more than 5 years in the case of a second or
subsequent conviction), or both.
(2) Payment or request for hearing
The President may, if satisfied that the information developed
during the processing of the claim warrants it, make and pay an
award of the claim, except that no claim may be awarded to the
extent that a judicial judgment has been made on the costs that
are the subject of the claim. If the President declines to pay
all or part of the claim, the claimant may, within 30 days after
receiving notice of the President's decision, request an
administrative hearing.
(3) Burden of proof
In any proceeding under this subsection, the claimant shall
bear the burden of proving his claim.
(4) Decisions
All administrative decisions made hereunder shall be in
writing, with notification to all appropriate parties, and shall
be rendered within 90 days of submission of a claim to an
administrative law judge, unless all the parties to the claim
agree in writing to an extension or unless the President, in his
discretion, extends the time limit for a period not to exceed
sixty days.
(5) Finality and appeal
All administrative decisions hereunder shall be final, and any
party to the proceeding may appeal a decision within 30 days of
notification of the award or decision. Any such appeal shall be
made to the Federal district court for the district where the
release or threat of release took place. In any such appeal, the
decision shall be considered binding and conclusive, and shall
not be overturned except for arbitrary or capricious abuse of
discretion.
(6) Payment
Within 20 days after the expiration of the appeal period for
any administrative decision concerning an award, or within 20
days after the final judicial determination of any appeal taken
pursuant to this subsection, the President shall pay any such
award from the Fund. The President shall determine the method,
terms, and time of payment.
(c) Subrogation rights; actions maintainable
(1) Payment of any claim by the Fund under this section shall be
subject to the United States Government acquiring by subrogation
the rights of the claimant to recover those costs of removal or
damages for which it has compensated the claimant from the person
responsible or liable for such release.
(2) Any person, including the Fund, who pays compensation
pursuant to this chapter to any claimant for damages or costs
resulting from a release of a hazardous substance shall be
subrogated to all rights, claims, and causes of action for such
damages and costs of removal that the claimant has under this
chapter or any other law.
(3) Upon request of the President, the Attorney General shall
commence an action on behalf of the Fund to recover any
compensation paid by the Fund to any claimant pursuant to this
subchapter, and, without regard to any limitation of liability, all
interest, administrative and adjudicative costs, and attorney's
fees incurred by the Fund by reason of the claim. Such an action
may be commenced against any owner, operator, or guarantor, or
against any other person who is liable, pursuant to any law, to the
compensated claimant or to the Fund, for the damages or costs for
which compensation was paid.
(d) Statute of limitations
(1) Claims for recovery of costs
No claim may be presented under this section for recovery of
the costs referred to in section 9607(a) of this title after the
date 6 years after the date of completion of all response action.
(2) Claims for recovery of damages
No claim may be presented under this section for recovery of
the damages referred to in section 9607(a) of this title unless
the claim is presented within 3 years after the later of the
following:
(A) The date of the discovery of the loss and its connection
with the release in question.
(B) The date on which final regulations are promulgated under
section 9651(c) of this title.
(3) Minors and incompetents
The time limitations contained herein shall not begin to run -
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the
date on which such person's incompetency ends or the date on
which a legal representative is duly appointed for such
incompetent person.
(e) Other statutory or common law claims not waived, etc.
Regardless of any State statutory or common law to the contrary,
no person who asserts a claim against the Fund pursuant to this
subchapter shall be deemed or held to have waived any other claim
not covered or assertable against the Fund under this subchapter
arising from the same incident, transaction, or set of
circumstances, nor to have split a cause of action. Further, no
person asserting a claim against the Fund pursuant to this
subchapter shall as a result of any determination of a question of
fact or law made in connection with that claim be deemed or held to
be collaterally estopped from raising such question in connection
with any other claim not covered or assertable against the Fund
under this subchapter arising from the same incident, transaction,
or set of circumstances.
(f) Double recovery prohibited
Where the President has paid out of the Fund for any response
costs or any costs specified under section 9611(c)(1) or (2) of
this title, no other claim may be paid out of the Fund for the same
costs.