42 U.S.C. § 9658 : US Code - Section 9658: Actions under State law for damages from exposure to hazardous substances

Search 42 U.S.C. § 9658 : US Code - Section 9658: Actions under State law for damages from exposure to hazardous substances

(a) State statutes of limitations for hazardous substance cases
(1) Exception to State statutes
In the case of any action brought under State law for personal
injury, or property damages, which are caused or contributed to
by exposure to any hazardous substance, or pollutant or
contaminant, released into the environment from a facility, if
the applicable limitations period for such action (as specified
in the State statute of limitations or under common law) provides
a commencement date which is earlier than the federally required
commencement date, such period shall commence at the federally
required commencement date in lieu of the date specified in such
State statute.
(2) State law generally applicable
Except as provided in paragraph (1), the statute of limitations
established under State law shall apply in all actions brought
under State law for personal injury, or property damages, which
are caused or contributed to by exposure to any hazardous
substance, or pollutant or contaminant, released into the
environment from a facility.
(3) Actions under section 9607
Nothing in this section shall apply with respect to any cause
of action brought under section 9607 of this title.
(b) Definitions
As used in this section -
(1) Subchapter I terms
The terms used in this section shall have the same meaning as
when used in subchapter I of this chapter.
(2) Applicable limitations period
The term "applicable limitations period" means the period
specified in a statute of limitations during which a civil action
referred to in subsection (a)(1) of this section may be brought.
(3) Commencement date
The term "commencement date" means the date specified in a
statute of limitations as the beginning of the applicable
limitations period.
(4) Federally required commencement date
(A) In general
Except as provided in subparagraph (B), the term "federally
required commencement date" means the date the plaintiff knew
(or reasonably should have known) that the personal injury or
property damages referred to in subsection (a)(1) of this
section were caused or contributed to by the hazardous
substance or pollutant or contaminant concerned.
(B) Special rules
In the case of a minor or incompetent plaintiff, the term
"federally required commencement date" means the later of the
date referred to in subparagraph (A) or the following:
(i) In the case of a minor, the date on which the minor
reaches the age of majority, as determined by State law, or
has a legal representative appointed.
(ii) In the case of an incompetent individual, the date on
which such individual becomes competent or has had a legal
representative appointed.