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42 U.S. Code § 9601 - Definitions

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For purpose of this subchapter—

(1)

The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

(2)

The term “Administrator” means theAdministrator of the United StatesEnvironmental Protection Agency.

(3)

The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.

(4)

The term “claim” means a demand in writing for a sum certain.

(5)

The term “claimant” means any personwho presents a claimfor compensation under this chapter.

(6)

The term “damages” meansdamages for injury or loss ofnatural resources as set forth in section9607(a) or9611(b) of this title.

(7)

The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in theSafe Drinking Water Act [42 U.S.C. 300f et seq.]) or as drinking water by one or more individuals.

(8)

The term “environment” means (A) thenavigable waters, the waters of the contiguous zone, and the ocean waters of which thenatural resources are under the exclusive management authority of the United States under theMagnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.

(9)

The term “facility” means (A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly ownedtreatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where ahazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.

(10)

The term “federally permittedrelease” means (A) discharges in compliance with a permit under section 402 of theFederal Water Pollution Control Act [33 U.S.C. 1342], (B) discharges resulting from circumstances identified and reviewed and made part of the public record with respect to a permit issued or modified under section 402 of theFederal Water Pollution Control Act and subject to a condition of such permit, (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of theFederal Water Pollution Control Act, which are caused by events occurring within the scope of relevant operating or treatmentsystems, (D) discharges in compliance with a legally enforceable permit under section 404 of theFederal Water Pollution Control Act [33 U.S.C. 1344], (E) releasesin compliance with a legally enforceable final permit issued pursuant to section 3005(a) through (d) of theSolid Waste Disposal Act [42 U.S.C. 6925(a)–(d)] from a hazardous wastetreatment, storage, or disposalfacility when such permit specifically identifies the hazardous substancesand makes such substances subject to a standard of practice, control procedure or bioassay limitation or condition, or other control on the hazardous substancesin such releases, (F) any releasein compliance with a legally enforceable permit issued undersection 1412 of title 33 of [1]section 1413 of title 33, (G) any injection of fluids authorized under Federal underground injection control programs or State programs submitted for Federal approval (and not disapproved by the Administratorof theEnvironmental Protection Agency) pursuant to part C of theSafe Drinking Water Act [42 U.S.C. 300h et seq.], (H) any emission into the air subject to a permit or control regulation under section 111 [42 U.S.C. 7411], section 112 [42 U.S.C. 7412], title I part C [42 U.S.C. 7470 et seq.], title I part D [42 U.S.C. 7501 et seq.], or State implementation plans submitted in accordance with section 110 of theClean Air Act [42 U.S.C. 7410] (and not disapproved by the Administratorof theEnvironmental Protection Agency), including any schedule or waiver granted, promulgated, or approved under these sections, (I) any injection of fluids or other materials authorized under applicable State law (i) for the purpose of stimulating or treating wells for the production of crude oil, natural gas, or water, (ii) for the purpose of secondary, tertiary, or other enhanced recovery of crude oil or natural gas, or (iii) which are brought to the surface in conjunction with the production of crude oil or natural gas and which are reinjected, (J) the introduction of any pollutant into a publicly owned treatmentworks when such pollutant is specified in and in compliance with applicable pretreatment standards of section 307(b) or (c) of theClean Water Act [33 U.S.C. 1317(b), (c)] and enforceable requirements in a pretreatment program submitted by a State or municipality for Federal approval under section 402 of such Act [33 U.S.C. 1342], and (K) any releaseof source, special nuclear, or byproduct material, as those terms are defined in theAtomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], in compliance with a legally enforceable license, permit, regulation, or order issued pursuant to theAtomic Energy Act of 1954.

(11)

The term “Fund” or “Trust Fund” means theHazardous Substance Superfund established bysection 9507 of title 26.

(12)

The term “ground water” means water in a saturated zone or stratum beneath the surface of land or water.

(13)

The term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operatorunder this chapter.

(14)

The term “hazardous substance” means (A) any substance designated pursuant to section 311(b)(2)(A) of theFederal Water Pollution Control Act [33 U.S.C. 1321(b)(2)(A)], (B) any element, compound, mixture, solution, or substance designated pursuant tosection 9602 of this title, (C) any hazardous wastehaving the characteristics identified under or listed pursuant to section 3001 of theSolid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under theSolid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act ofCongress), (D) any toxic pollutant listed under section 307(a) of theFederal Water Pollution Control Act [33 U.S.C. 1317(a)], (E) any hazardous air pollutant listed under section 112 of theClean Air Act [42 U.S.C. 7412], and (F) any imminently hazardous chemical substance or mixture with respect to which the Administratorhas taken action pursuant to section 7 of theToxic Substances Control Act [15 U.S.C. 2606]. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substanceunder subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

(15)

The term “navigable waters” or “navigable waters of the United States” means the waters of the United States, including the territorial seas.

(16)

The term “natural resources” means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by theMagnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), any State or local government, any foreign government, any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.

(17)

The term “offshore facility” means any facilityof any kind located in, on, or under, any of thenavigable waters of the United States, and any facilityof any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vesselor a public vessel.

(18)

The term “onshore facility” means any facility(including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land or nonnavigable waters within the United States.

(19)

The term “otherwise subject to the jurisdiction of the United States” means subject to the jurisdiction of the United States by virtue of United States citizenship, United States vesseldocumentation or numbering, or as provided by international agreement to which the United States is a party.

(20)

(A)

The term “owner or operator” means (i) in the case of avessel, anyperson owning, operating, orchartering by demise, such vessel, (ii) in the case of an onshore facilityor an offshore facility, any personowning or operating such facility, and (iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any personwho owned, operated, or otherwise controlled activities at such facilityimmediately beforehand. Such term does not include a person, who, without participating in the management of a vesselor facility, holds indicia of ownership primarily to protect his security interestin the vesselor facility.

(B)

In the case of ahazardous substance which has been accepted for transportationby a common or contract carrier and except as provided insection 9607(a)(3) or (4) of this title, (i) the term“owner or operator” shall mean such common carrier or other bona fide for hire carrier acting as an independent contractor during such transportation, (ii) the shipper of such hazardous substanceshall not be considered to have caused or contributed to any releaseduring such transportationwhich resulted solely from circumstances or conditions beyond his control.

(C)

In the case of ahazardous substance which has been delivered by a common or contract carrier to a disposalor treatmentfacility and except as provided insection 9607(a)(3) or (4) of this title, (i) the term“owner or operator” shall not include such common or contract carrier, and (ii) such common or contract carrier shall not be considered to have caused or contributed to any releaseat such disposalor treatmentfacility resulting from circumstances or conditions beyond its control.

(D)

The term “owner or operator” does not include a unit of State or local government which acquired ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to therelease or threatenedrelease of a hazardous substancefrom the facility, and such a State or local government shall be subject to the provisions of this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liabilityundersection 9607 of this title.

(E) Exclusion of certain alaska native villages and native corporations.—

(i) In general.—The term “owner or operator” does not include, with respect to afacility conveyed to a Native village or Native Corporation (as those terms are defined in section 3 of theAlaska Native Claims Settlement Act [43 U.S.C. 1602]) under theAlaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]—

(I)

the Native village or Native Corporation that received thefacility from the United States Government; or

(II)

a successor in interest to which thefacility was conveyed under section 14(c) of such Act [43 U.S.C. 1613(c)].

(ii) Limitation.—

The exclusion provided under this subparagraph shall not apply to any entity described in clause (i) that causes or contributes to arelease or threatenedrelease of a hazardous substancefrom the facilityconveyed as described in such clause.

(F) Exclusion of lenders not participants in management.—

(i) Indicia of ownership to protect security.—

The term “owner or operator” does not include aperson that is a lenderthat, without participating in the management of a vesselorfacility, holds indicia of ownership primarily to protect the security interestof the personin the vesselorfacility.

(ii) Foreclosure.—The term “owner or operator” does not include aperson that is a lenderthat did not participate in managementof a vesselorfacility prior to foreclosure, notwithstanding that the person—

(I)

forecloses on thevessel orfacility; and

(II)

after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates thevessel orfacility, maintains business activities, winds up operations, undertakes aresponse action undersection 9607(d)(1) of this title or under the direction of an on-scene coordinator appointed under the National Contingency Plan, with respect to the vesselor facility, or takes any other measure to preserve, protect, or prepare the vesselor facilityprior to sale or disposition,

if theperson seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest theperson of the vesselorfacility at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.

(G) Participation in management.—For purposes of subparagraph (F)—

(i) the term “participate in management”—

(I)

means actually participating in the management or operational affairs of avessel orfacility; and

(II)

does not include merely having the capacity to influence, or the unexercised right to control,vessel orfacility operations;

(ii) aperson that is a lenderand that holds indicia of ownership primarily to protect a security interestin a vesselorfacility shall be considered to participate in managementonly if, while the borrower is still in possession of the vesselorfacility encumbered by the security interest, the person—

(I)

exercises decisionmaking control over the environmental compliance related to thevessel orfacility, such that the personhas undertaken responsibility for thehazardous substance handling or disposalpractices related to the vesselor facility; or

(II) exercises control at a level comparable to that of a manager of thevessel orfacility, such that the personhas assumed or manifested responsibility—

(aa)

for the overall management of thevessel orfacility encompassing day-to-day decisionmaking with respect to environmental compliance; or

(bb)

over all or substantially all of theoperational functions (as distinguished fromfinancial or administrative functions) of thevessel orfacility other than the function of environmental compliance;

(iii)

the term “participate in management” does not include performing an act or failing to act prior to the time at which a security interestis created in avessel orfacility; and

(iv) the term “participate in management” does not include—

(I)

holding asecurity interest or abandoning or releasing asecurity interest;

(II)

including in the terms of anextension of credit, or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or condition that relates to environmental compliance;

(III)

monitoring or enforcing the terms and conditions of theextension of credit or security interest;

(IV)

monitoring or undertaking 1 or more inspections of thevessel orfacility;

(V)

requiring aresponse action or other lawful means of addressing therelease or threatenedrelease of a hazardous substancein connection with the vesselor facilityprior to, during, or on the expiration of the term of the extension of credit;

(VI)

providing financial or other advice or counseling in an effort to mitigate, prevent, or cure default or diminution in the value of thevessel orfacility;

(VII)

restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of theextension of credit or security interest, exercising forbearance;

(VIII)

exercising other remedies that may be available under applicable law for the breach of a term or condition of theextension of credit or security agreement; or

(IX)

conducting aresponse action undersection 9607(d) of this title or under the direction of an on-scene coordinator appointed under the National Contingency Plan,

if the actions do not rise to the level of participating in management (within the meaning of clauses (i) and (ii)).

(H) Other terms.—As used in this chapter:

(i) Extension of credit.—The term “extension of credit” includes a lease finance transaction—

(I)

in which the lessor does not initially select the leasedvessel orfacility and does not during the lease term control the daily operations or maintenance of the vesselorfacility; or

(II)

that conforms with regulations issued by the appropriate Federal banking agency or the appropriate State bank supervisor (as those terms are defined insection 1813 of title 12) or with regulations issued by theNational Credit Union Administration Board, as appropriate.

(ii) Financial or administrative function.—

The term “financial or administrative function” includes a function such as that of a credit manager, accounts payable officer, accounts receivable officer, personnel manager, comptroller, or chief financial officer, or a similar function.

(iii) Foreclosure; foreclose.—The terms “foreclosure” and “foreclose” mean, respectively, acquiring, and to acquire, avessel orfacility through—

(I)

(aa)

purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale;

(bb)

a deed in lieu of foreclosure, or similar conveyance from a trustee; or

(cc)

repossession,

if thevessel orfacility was security for an extension of creditpreviously contracted;

(II)

conveyance pursuant to anextension of credit previously contracted, including the termination of a lease agreement; or

(III)

any other formal or informal manner by which theperson acquires, for subsequent disposition, title to or possession of a vesselorfacility in order to protect the security interestof the person.

(iv) Lender.—The term “lender” means—

(I)

an insured depository institution (as defined insection 1813 of title 12);

(II)

an insured credit union (as defined insection 1752 of title 12);

(III)

a bank or association chartered under theFarm Credit Act of 1971 (12 U.S.C. 2001 et seq.);

(IV)

a leasing or trust company that is an affiliate of an insured depository institution;

(V)

anyperson (including a successor or assignee of any suchperson) that makes a bona fide extension of creditto or takes or acquires a security interestfrom a nonaffiliatedperson;

(VI)

the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or any other entity that in a bona fide manner buys or sells loans or interests in loans;

(VII)

aperson that insures or guarantees against a default in the repayment of an extension of credit, or acts as a surety with respect to an extension of credit, to a nonaffiliatedperson; and

(VIII)

aperson that provides title insurance and that acquires a vesselorfacility as a result of assignment or conveyance in the course of underwriting claimsand claimssettlement.

(v) Operational function.—

The term “operational function” includes a function such as that of afacility or plant manager, operations manager, chief operating officer, or chief executive officer.

(vi) Security interest.—

The term “security interest” includes a right under a mortgage, deed of trust, assignment, judgment lien, pledge, security agreement, factoring agreement, or lease and any other right accruing to aperson to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliatedperson.

(21)

The term “person” means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, State, municipality, commission, political subdivision of a State, or any interstate body.

(22)

The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment(including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substanceor pollutant or contaminant), but excludes (A) anyrelease which results in exposure to personssolely within a workplace, with respect to a claimwhich such personsmay assert against the employer of such persons, (B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine, (C)release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in theAtomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], if such releaseis subject to requirements with respect to financial protection established by theNuclear Regulatory Commission under section 170 of such Act [42 U.S.C. 2210], or, for the purposes ofsection 9604 of this title or any other responseaction, any releaseof source byproduct, or special nuclear material from any processing site designated under section 7912(a)(1) or 7942(a) of this title, and (D) the normal application of fertilizer.

(23)

The terms “remove” or “removal” means [2] the cleanup or removal of released hazardous substancesfrom the environment, such actions as may be necessary taken in the event of the threat of releaseof hazardous substancesinto the environment, such actions as may be necessary to monitor, assess, and evaluate the releaseor threat of releaseof hazardous substances, the disposalof removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a releaseor threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals not otherwise provided for, action taken undersection 9604(b) of this title, and any emergency assistance which may be provided under the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.].

(24)

The terms “remedy” or “remedial action” means ² those actions consistent with permanent remedy taken instead of or in addition to removal actions in the event of a releaseor threatened releaseof a hazardous substanceinto the environment, to prevent or minimize the releaseof hazardous substancesso that they do not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to, such actions at the location of the releaseas storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous substancesand associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatmentor incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment. The term includes the costs of permanent relocation of residents and businesses and community facilities where the President determines that, alone or in combination with other measures, such relocation is more cost-effective than and environmentally preferable to the transportation, storage, treatment, destruction, or secure disposition offsite of hazardous substances, or may otherwise be necessary to protect the public health or welfare; the term includes offsite transportand offsite storage, treatment, destruction, or secure disposition of hazardous substancesand associated contaminated materials.

(25)

The terms “respond” or “response” means ² remove, removal, remedy, and remedial action;,[3] all such terms (including the terms “removal” and “remedial action”) include enforcement activities related thereto.

(26)

The terms “transport” or “transportation” means ² the movement of a hazardous substanceby any mode, including a hazardous liquid pipeline facility(as defined insection 60101(a) of title 49), and in the case of a hazardous substancewhich has been accepted for transportationby a common or contract carrier, the term“transport” or“transportation” shall include any stoppage in transit which is temporary, incidental to the transportationmovement, and at the ordinary operating convenience of a common or contract carrier, and any such stoppage shall be considered as a continuity of movement and not as the storage of a hazardous substance.

(27)

The terms “United States” and “State” include the several States of the United States, the District of Columbia, the Commonwealth of PuertoRico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.

(28)

The term “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means oftransportation on water.

(29)

The terms “disposal”, “hazardous waste”, and“treatment” shall have the meaning provided in section 1004 of theSolid Waste Disposal Act [42 U.S.C. 6903].

(30)

The terms “territorial sea” and “contiguous zone” shall have the meaning provided in section 502 of theFederal Water Pollution Control Act [33 U.S.C. 1362].

(31)

The term “national contingency plan” means thenational contingency plan published under section 311(c) [4] of theFederal Water Pollution Control Act or revised pursuant tosection 9605 of this title.

(32)

The terms “liable” or “liability” under this subchapter shall be construed to be the standard ofliability which obtains under section 311 of theFederal Water Pollution Control Act [33 U.S.C. 1321].

(33)

The term “pollutant or contaminant” shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which afterrelease into the environmentand upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environmentor indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring; except that the term “pollutant or contaminant” shall not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substanceunder subparagraphs (A) through (F) of paragraph (14) and shall not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas).

(34)

The term “alternative water supplies” includes, but is not limited to, drinking water and household water supplies.

(35)

(A) The term “contractual relationship”, for the purpose ofsection 9607(b)(3) of this title, includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facilityconcerned is located was acquired by the defendant after the disposalor placement of the hazardous substanceon, in, or at the facility, and one or more of the circumstances described in clause (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence:

(i)

At the time the defendant acquired thefacility the defendant did not know and had no reason to know that anyhazardous substance which is the subject of therelease or threatenedrelease was disposed of on, in, or at the facility.

(ii)

The defendant is a government entity which acquired thefacility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation.

(iii)

The defendant acquired thefacility by inheritance or bequest.

In addition to establishing the foregoing, the defendant must establish that the defendant has satisfied the requirements of section 9607(b)(3)(a) and (b) of this title, provides full cooperation, assistance, andfacility access to the personsthat are authorized to conductresponse actions at the facility(including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partialresponse action at the facility), is in compliance with any land use restrictions established or relied on in connection with theresponse action at a facility, and does not impede the effectiveness or integrity of any institutional control employed at the facilityin connection with aresponse action.

(B) Reason to know.—

(i) All appropriate inquiries.—To establish that the defendant had no reason to know of the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that—

(I)

on or before the date on which the defendant acquired thefacility, the defendant carried out all appropriate inquiries, as provided in clauses (ii) and (iv), into the previous ownership and uses of thefacility in accordance with generally accepted good commercial and customary standards and practices; and

(II) the defendant took reasonable steps to—

(aa)

stop any continuingrelease;

(bb)

prevent any threatened futurerelease; and

(cc)

prevent or limit any human, environmental, or natural resource exposure to any previously releasedhazardous substance.

(ii) Standards and practices.—

Not later than 2 years afterJanuary 11, 2002, the Administratorshall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i).

(iii) Criteria.—In promulgating regulations that establish the standards and practices referred to in clause (ii), theAdministrator shall include each of the following:

(I)

The results of an inquiry by an environmental professional.

(II)

Interviews with past and present owners, operators, and occupants of thefacility for the purpose of gathering information regarding the potential for contamination at thefacility.

(III)

Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed.

(IV)

Searches for recorded environmental cleanup liens against thefacility that are filed under Federal, State, or local law.

(V)

Reviews of Federal, State, and local government records, wastedisposal records, underground storage tank records, andhazardous waste handling, generation, treatment, disposal, and spill records, concerning contamination at or near the facility.

(VI)

Visual inspections of thefacility and of adjoining properties.

(VII)

Specialized knowledge or experience on the part of the defendant.

(VIII)

The relationship of the purchase price to the value of the property, if the property was not contaminated.

(IX)

Commonly known or reasonably ascertainable information about the property.

(X)

The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation.

(iv) Interim standards and practices.—

(I) Property purchased before may 31, 1997.—With respect to property purchased beforeMay 31, 1997, in making a determination with respect to a defendant described in clause (i), a court shall take into account—

(aa)

any specialized knowledge or experience on the part of the defendant;

(bb)

the relationship of the purchase price to the value of the property, if the property was not contaminated;

(cc)

commonly known or reasonably ascertainable information about the property;

(dd)

the obviousness of the presence or likely presence of contamination at the property; and

(ee)

the ability of the defendant to detect the contamination by appropriate inspection.

(II) Property purchased on or after may 31, 1997.—

With respect to property purchased on or afterMay 31, 1997, and until the Administratorpromulgates the regulations described in clause (ii), the procedures of the American Society for Testing and Materials, including the document known as “Standard E1527–97”, entitled “Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process”, shall satisfy the requirements in clause (i).

(v) Site inspection and title search.—

In the case of property for residential use or other similar use purchased by a nongovernmental or noncommercial entity, afacility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph.

(C)

Nothing in this paragraph or insection 9607(b)(3) of this title shall diminish the liabilityof any previous owner or operatorof such facilitywho would otherwise be liableunder this chapter. Notwithstanding this paragraph, if the defendant obtained actual knowledge of the releaseor threatened releaseof a hazardous substanceat such facilitywhen the defendant owned the real property and then subsequently transferred ownership of the property to another personwithout disclosing such knowledge, such defendant shall be treated as liableundersection 9607(a)(1) of this title and no defense undersection 9607(b)(3) of this title shall be available to such defendant.

(D)

Nothing in this paragraph shall affect theliability under this chapter of a defendant who, by any act or omission, caused or contributed to therelease or threatenedrelease of a hazardous substancewhich is the subject of the action relating to the facility.

(36)

The term “Indian tribe” means anyIndian tribe, band, nation, or other organized group or community, including any Alaska Native village but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(37)

(A) The term “service station dealer” means any person—

(i)

who owns or operates a motor vehicle service station, filling station, garage, or similar retail establishment engaged in the business of selling, repairing, or servicing motor vehicles, where a significant percentage of the gross revenue of the establishment is derived from the fueling, repairing, or servicing of motor vehicles, and

(ii)

who accepts for collection, accumulation, and delivery to an oil recyclingfacility, recycled oil that (I) has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such vehicle or appliances, and (II) is presented, by such owner, to such personfor collection, accumulation, and delivery to an oil recyclingfacility.

(B)

For purposes ofsection 9614(c) of this title, the term“service station dealer” shall, notwithstanding the provisions of subparagraph (A), include any government agency that establishes a facilitysolely for the purpose of accepting recycled oil that satisfies the criteria set forth in subclauses (I) and (II) of subparagraph (A)(ii), and, with respect to recycled oil that satisfies the criteria set forth in subclauses (I) and (II), owners or operators of refuse collection services who are compelled by State law to collect, accumulate, and deliver such oil to an oil recycling facility.

(C)

The President shall promulgate regulations regarding the determination of what constitutes a significant percentage of the gross revenues of an establishment for purposes of this paragraph.

(38)

The term “incineration vessel” means any vesselwhich carries hazardous substancesfor the purpose of incineration of such substances, so long as such substances or residues of such substances are on board.

(39) Brownfield site.—

(A) In general.—

The term “brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

(B) Exclusions.—The term “brownfield site” does not include—

(i)

afacility that is the subject of a planned or ongoing removal action under this subchapter;

(ii)

afacility that is listed on the National Priorities List or is proposed for listing;

(iii)

(iv)

afacility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or afacility to which a permit has been issued by the United States or an authorized State under theSolid Waste Disposal Act (42 U.S.C. 6901 et seq.), theFederal Water Pollution Control Act (33 U.S.C. 1321) [33 U.S.C. § 1251 et seq.], theToxic Substances Control Act (15 U.S.C. 2601 et seq.), or theSafe Drinking Water Act (42 U.S.C. 300f et seq.);

(v) afacility that—

(I)

is subject to corrective action under section 3004(u) or 3008(h) of theSolid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and

(II)

to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;

(vi) a landdisposal unit with respect to which—

(I)

a closure notification under subtitle C of theSolid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and

(II)

closure requirements have been specified in a closure plan or permit;

(vii)

afacility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for anIndian tribe;

(viii) a portion of afacility—

(I)

at which there has been arelease of polychlorinated biphenyls; and

(II)

that is subject to remediation under theToxic Substances Control Act (15 U.S.C. 2601 et seq.); or

(ix)

a portion of afacility, for which portion, assistance forresponse activity has been obtained under subtitle I of theSolid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fundestablished undersection 9508 of title 26.

Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance undersection 9604(k) of this title to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes.

(D) Additional areas.—For the purposes ofsection 9604(k) of this title, the term“brownfield site” includes a site that—

(i)

meets the definition of “brownfield site” under subparagraphs (A) through (C); and

(ii)

(I)

is contaminated by a controlled substance (as defined insection 802 of title 21);

(II)

(aa)

is contaminated by petroleum or a petroleum product excluded from the definition of “hazardous substance” under this section; and

(bb)

is a site for which there is no viable responsible party and that is determined by theAdministrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a personthat is not potentially liablefor cleaning up the site under this chapter or any other law pertaining to the cleanup of petroleum products; and

(cc)

is not subject to any order issued under section 9003(h) of theSolid Waste Disposal Act (42 U.S.C. 6991b(h)); or

(III)

is mine-scarred land.

(40) Bona fide prospective purchaser.—

(A) In general.—The term “bona fide prospective purchaser” means, with respect to a facility—

(i) aperson who—

(I)

acquires ownership of thefacility afterJanuary 11, 2002; and

(II)

establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B); and

(ii) aperson—

(I)

who acquires a leasehold interest in thefacility afterJanuary 11, 2002;

(II)

who establishes by a preponderance of the evidence that the leasehold interest is not designed to avoidliability under this chapter by any person; and

(III) with respect to whom any of the following conditions apply:

(aa)

The owner of thefacility that is subject to the leasehold interest is a persondescribed in clause (i).

(bb)

(AA)

The owner of thefacility that is subject to the leasehold interest was a persondescribed in clause (i) at the time the leasehold interest was acquired, but can no longer establish by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B) due to circumstances unrelated to any action of the personwho holds the leasehold interest; and

(BB)

theperson who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses (i), (iii), (iv), (v), (vi), (vii), and (viii) of subparagraph (B).

(cc)

Theperson who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B).

(B) Criteria.—The criteria described in this subparagraph are as follows:

(i) Disposal prior to acquisition.—

Alldisposal ofhazardous substances at the facilityoccurred before the personacquired the facility.

(ii) Inquiries.—

(I) In general.—

Theperson made all appropriate inquiries into the previous ownership and uses of thefacility in accordance with generally accepted good commercial and customary standards and practices in accordance with subclauses (II) and (III).

(II) Standards and practices.—

The standards and practices referred to in clauses (ii) and (iv) of paragraph (35)(B) shall be considered to satisfy the requirements of this clause.

(III) Residential use.—

In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, afacility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this clause.

(iii) Notices.—

Theperson provides all legally required notices with respect to the discovery orrelease of any hazardous substancesat the facility.

(iv) Care.—Theperson exercises appropriate care with respect tohazardous substances found at the facilityby taking reasonable steps to—

(I)

stop any continuingrelease;

(II)

prevent any threatened futurerelease; and

(III)

prevent or limit human, environmental, or natural resource exposure to any previously releasedhazardous substance.

(v) Cooperation, assistance, and access.—

Theperson provides full cooperation, assistance, and access topersons that are authorized to conductresponse actions or natural resource restoration at a vesselor facility(including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partialresponse actions or natural resource restoration at the vesselor facility).

(vi) Institutional control.—Theperson—

(I)

is in compliance with any land use restrictions established or relied on in connection with theresponse action at a vesselor facility; and

(II)

does not impede the effectiveness or integrity of any institutional control employed at thevessel orfacility in connection with aresponse action.

(vii) Requests; subpoenas.—

Theperson complies with any request for information or administrative subpoena issued by the President under this chapter.

(viii) No affiliation.—Theperson is not—

(I) potentiallyliable, or affiliated with any other personthat is potentiallyliable, forresponse costs at a facilitythrough—

(aa)

any direct or indirect familial relationship; or

(bb)

any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by the instruments by which title to thefacility is conveyed or financed, by a tenancy, by the instruments by which a leasehold interest in thefacility is created, or by a contract for the sale of goods or services); or

(II)

the result of a reorganization of a business entity that was potentiallyliable.

(41) Eligible response site.—

(A) In general.—

The term “eligible response site” means a site that meets the definition of abrownfield site in subparagraphs (A) and (B) of paragraph (39), as modified by subparagraphs (B) and (C) of this paragraph.

(B) Inclusions.—The term “eligible response site” includes—

(i)

notwithstanding paragraph (39)(B)(ix), a portion of afacility, for which portion assistance forresponse activity has been obtained under subtitle I of theSolid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fundestablished undersection 9508 of title 26; or

(ii) a site for which, notwithstanding the exclusions provided in subparagraph (C) or paragraph (39)(B), the President determines, on a site-by-site basis and after consultation with the State, that limitations on enforcement undersection 9628 of this title at sites specified in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would be appropriate and will—

(I)

protect human health and theenvironment; and

(II)

promote economic development or facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes.

(i) afacility for which the President—

(I)

conducts or has conducted a preliminary assessment or site inspection; and

(II)

after consultation with the State, determines or has determined that the site obtains a preliminary score sufficient for possible listing on the National Priorities List, or that the site otherwise qualifies for listing on the National Priorities List; unless the President has made a determination that no further Federal action will be taken; or

(ii)

facilities that the President determines warrant particular consideration as identified by regulation, such as sites posing a threat to a sole-source drinking water aquifer or a sensitive ecosystem.

(Pub. L. 96–510, title I, § 101,Dec. 11, 1980,94 Stat. 2767;Pub. L. 96–561, title II, § 238(b),Dec. 22, 1980,94 Stat. 3300;Pub. L. 99–499, title I, §§ 101, 114(b), 127(a), title V, § 517(c)(2),Oct. 17, 1986,100 Stat. 1615, 1652, 1692, 1774;Pub. L. 100–707, title I, § 109(v),Nov. 23, 1988,102 Stat. 4710;Pub. L. 103–429, § 7(e)(1),Oct. 31, 1994,108 Stat. 4390;Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], title II, § 2502(b),Sept. 30, 1996,110 Stat. 3009, 3009–41, 3009–464;Pub. L. 104–287, § 6(j)(1),Oct. 11, 1996,110 Stat. 3399;Pub. L. 106–74, title IV, § 427,Oct. 20, 1999,113 Stat. 1095;Pub. L. 107–118, title II, §§ 211(a), 222(a), 223, 231(a),Jan. 11, 2002,115 Stat. 2360, 2370, 2372, 2375;Pub. L. 115–141, div. N, §§ 2–5(a),Mar. 23, 2018,132 Stat. 1052, 1053.)

[1] So in original. Probably should be “or”.

[2] So in original. Probably should be “mean”.

[3] So in original.

[4] See References in Text note below.

Editorial Notes

References in Text

This chapter, referred to in pars. (5), (13), (20)(D), (G), (35)(C), (D), (39)(B)(iii), (D)(ii)(II)(bb), and (40)(A)(ii)(II), (B)(vii), was in the original “this Act”, meaningPub. L. 96–510,Dec. 11, 1980,94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980. For complete classification of this Act to the Code, see Short Title note below and Tables.

TheSafe Drinking Water Act, referred to in pars. (7), (10), and (39)(B)(iv), is title XIV of actJuly 1, 1944, as addedDec. 16, 1974,Pub. L. 93–523, § 2(a),88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. Part C of theSafe Drinking Water Act is classified generally to part C (§ 300h et seq.) of subchapter XII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out undersection 201 of this title and Tables.

TheMagnuson-Stevens Fishery Conservation and Management Act, referred to in pars. (8) and (16), isPub. L. 94–265,Apr. 13, 1976,90 Stat. 331, which is classified principally to chapter 38 (§ 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 byPub. L. 99–659, title I, § 101(b),Nov. 14, 1986,100 Stat. 3706, relates to United States sovereign rights and fishery management authority over fish within the exclusive economic zone as defined insection 1802 of Title 16. For complete classification of this Act to the Code, see Short Title note set out undersection 1801 of Title 16 and Tables.

TheClean Air Act, referred to in par. (10), is act July 14, 1955, ch. 360, as amended generally byPub. L. 88–206,Dec. 17, 1963,77 Stat. 392, and later byPub. L. 95–95,Aug. 7, 1977,91 Stat. 685. TheClean Air Act was originally classified to chapter 15B (§ 1857 et seq.) of this title. On enactment ofPub. L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of this title. Parts C and D of title I of theClean Air Act are classified generally to parts C (§ 7470 et seq.) and D (§ 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 undersection 7401 of this title and Tables.

TheAtomic Energy Act of 1954, referred to in pars. (10) and (22), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1,68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out undersection 2011 of this title and Tables.

TheSolid Waste Disposal Act, referred to in pars. (14), (39)(B)(iv), (vi)(I), (ix), and (41)(B)(i), is title II ofPub. L. 89–272,Oct. 20, 1965,79 Stat. 997, as amended generally byPub. L. 94–580, § 2,Oct. 21, 1976,90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitles C and I of the Act are 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 undersection 6901 of this title and Tables.

TheAlaska Native Claims Settlement Act, referred to in par. (20)(E), isPub. L. 92–203,Dec. 18, 1971,85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out undersection 1601 of Title 43 and Tables.

TheFarm Credit Act of 1971, referred to in par. (20)(H)(iv)(III), isPub. L. 92–181,Dec. 10, 1971,85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out undersection 2001 of Title 12 and Tables.

The Disaster Relief and Emergency Assistance Act, referred to in par. (23), isPub. L. 93–288,May 22, 1974,88 Stat. 143, known as theRobert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out undersection 5121 of this title and Tables.

TheFederal Water Pollution Control Act, referred to in pars. (31) and (39)(B)(iv), is act June 30, 1948, ch. 758, as amended generally byPub. L. 92–500, § 2,Oct. 18, 1972,86 Stat. 816, also known as theClean Water Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. Section 311(c) of the Act was amended generally byPub. L. 101–380, title IV, § 4201(a),Aug. 18, 1990,104 Stat. 523, and no longer contains provisions directing the publishing of a National Contingency Plan. However, such provisions are contained insection 1321(d) of Title 33. For complete classification of this Act to the Code, see Short Title note set out undersection 1251 of Title 33 and Tables.

TheToxic Substances Control Act, referred to in par. (39)(B)(iv), (viii)(II), isPub. L. 94–469,Oct. 11, 1976,90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out undersection 2601 of Title 15 and Tables.

Amendments

2018—Par. (20)(D).Pub. L. 115–141, § 2, substituted “ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue” for “ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue”.

Par. (20)(E), (F).Pub. L. 115–141, § 3(1), (2), added subpar. (E) and redesignated former subpar. (E) as (F). Former subpar. (F) redesignated (G).

Par. (20)(G).Pub. L. 115–141, § 3(1), (3), redesignated subpar. (F) as (G) and substituted “subparagraph (F)” for “subparagraph (E)” in introductory provisions. Former subpar. (G) redesignated (H).

Par. (20)(H).Pub. L. 115–141, § 3(1), (4), redesignated subpar. (G) as (H) and substituted “of title 12) or” for “of title 12 or” in cl. (i)(II).

Par. (39)(D)(ii)(II)(bb).Pub. L. 115–141, § 4, amended item (bb) generally. Prior to amendment, item (bb) read as follows: “is a site determined by the Administratoror the State, as appropriate, to be—

“(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and

“(BB) a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by aperson that is not potentiallyliable for cleaning up the site; and”.

Par. (40).Pub. L. 115–141, § 5(a), made numerous amendments to structure of par. (40), resulting in substitution of subpar. (A) for former introductory provisions, insertion of subpar. (B) designation, heading, and introductory provisions, redesignation of former subpars. (A) to (H) as cls. (i) to (viii), respectively, of subpar. (B), redesignation of cls. and subcls. within former subpars. (A) to (H) as subcls. and items, respectively, within cls. (i) to (viii), and realignment of margins.

Par. (40)(B).Pub. L. 115–141, § 5(a)(1)(B)–(D), just prior to redesignation of subpar. (B) as cl. (ii) of subpar. (B), substituted “subclauses (II) and (III)” for “clauses (ii) and (iii)” in subcl. (I) and “clause” for “subparagraph” in subcls. (II) and (III).

Par. (40)(H)(i)(II).Pub. L. 115–141, § 5(a)(4)(A)(i), just prior to redesignation of subpar. (H)(i)(II) as cl. (viii)(I)(bb) of subpar. (B), inserted “, by a tenancy, by the instruments by which a leasehold interest in the facilityis created,” after “financed”.

2002—Par. (35)(A).Pub. L. 107–118, § 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 facilityaccess to the personsthat are authorized to conduct responseactions at the facility(including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial responseaction at the facility), is in compliance with any land use restrictions established or relied on in connection with the responseaction at a facility, and does not impede the effectiveness or integrity of any institutional control employed at the facilityin connection with a responseaction”.

Par. (35)(B).Pub. L. 107–118, § 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, § 211(a), added par. (39).

Par. (40).Pub. L. 107–118, § 222(a), added par. (40).

Par. (41).Pub. L. 107–118, § 231(a), added par. (41).

1999—Par. (20)(D).Pub. L. 106–74, which directed the amendment of subpar. (D) by inserting “through 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, § 101(a) [title II, § 211(b)], substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

Par. (20)(E) to (G).Pub. L. 104–208, § 2502(b), added subpars. (E) to (G).

Par. (26).Pub. L. 104–287 substituted “section 60101(a) of title 49” for “the PipelineSafety 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, § 101(f), struck out “, the term” after “subchapter” in introductory text.

Pars. (1) to (10).Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (11).Pub. L. 99–499, § 517(c)(2), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “The term‘Fund’ or‘Trust Fund’ means the Hazardous SubstanceResponse Fundestablished bysection 9631 of this title or, in the case of a hazardous wastedisposal facilityfor which liabilityhas been transferred undersection 9607(k) of this title, the Post-closure LiabilityFund established bysection 9641 of this title.”

Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Pars. (12) to (15).Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (16).Pub. L. 99–499, § 101(a), (f), inserted “The term”, struck out “or” after “local government,” 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, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (20)(A).Pub. L. 99–499, § 101(f), inserted “The term”.

Pub. L. 99–499, § 101(b)(2), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “in the case of any abandoned facility, any personwho owned, operated, or otherwise controlled activities at such facilityimmediately prior to such abandonment.”

Pub. L. 99–499, § 101(b)(3), in provisions following subcl. (iii), substituted a period for the semicolon at end.

Par. (20)(B), (C).Pub. L. 99–499, § 101(b)(3), substituted “In the case” for “in the case” and a period for the semicolon at end.

Par. (20)(D).Pub. L. 99–499, § 101(b)(1), (f), added subpar. (D). The part of§ 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§ 101(b)(1) of Pub. L. 99–499 which added subpar. (D) ending in a period.

Par. (21).Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (22).Pub. L. 99–499, § 101(c), (f), inserted “The term” and “(including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substanceor pollutant or contaminant)”, substituted a period for the semicolon at end.

Par. (23).Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.

Par. (24).Pub. L. 99–499, § 101(d), (f), inserted “The terms” and substituted “and associated contaminated materials” for “or contaminated materials” and “welfare; the term includes offsite transportand offsite storage, treatment, destruction, or secure disposition of hazardous substancesand associated contaminated materials.” for “welfare. The term does not include offsite transportof hazardous substances, or the storage, treatment, destruction, or secure disposition offsite of such hazardous substancesor 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 theSolid Waste Disposal Act [42 U.S.C. 6921 et seq.], hazardous substancesin addition to those located at the affected facility, or (C) are necessary to protect public health or welfare or the environmentfrom a present or potential risk which may be created by further exposure to the continued presence of such substances or materials;”. The part of§ 101(f) of Pub. L. 99–499 which directed amendment of par. (24) by changing the semicolon at end to a period could not be executed in view of prior amendment of par. (24) by§ 101(d) of Pub. L. 99–499 which substituted language at end of par. (24) ending in a period for former language ending in a semicolon.

Par. (25).Pub. L. 99–499, § 101(e), (f), inserted “The terms” and “, all such terms (including the terms ‘removal’ and ‘remedial action’) include enforcement activities related thereto.” The part of§ 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§ 101(e) of Pub. L. 99–499 inserting language and a period at end of par. (25).

Pars. (26), (27).Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.

Par. (28).Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for the semicolon at end.

Par. (29).Pub. L. 99–499, § 101(f), inserted “The terms” and substituted a period for the semicolon at end.

Par. (30).Pub. L. 99–499, § 101(f), inserted “The terms”.

Par. (31).Pub. L. 99–499, § 101(f), inserted “The term” and substituted a period for “; and”.

Par. (32).Pub. L. 99–499, § 101(f), inserted “The terms”.

Pars. (33) to (36).Pub. L. 99–499, § 101(f), added pars. (33) to (36).

Par. (37).Pub. L. 99–499, § 114(b), added par. (37).

Par. (38).Pub. L. 99–499, § 127(a), added par. (38).

1980—Pars. (8), (16).Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)],Sept. 30, 1996,110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days afterOct. 11, 1996.

Amendment bysection 2502(b) of Pub. L. 104–208 applicable with respect to any claimthat has not been finally adjudicated as ofSept. 30, 1996, seesection 2505 of Pub. L. 104–208, set out as a note undersection 6991b of this title.

Effective Date of 1986 Amendment

Pub. L. 99–499, § 4,Oct. 17, 1986,100 Stat. 1614, provided that:

“Except as otherwise specified in section 121(b) of this Act [set out as an Effective Date note undersection 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 andsection 1416 of Title 33, Navigation and Navigable Waters, and renumbering formersection 2701 of Title 10 assection 2721 of Title 10] shall take effect on the enactment of this Act [Oct. 17, 1986].”

Amendment bysection 517(c)(2) of Pub. L. 99–499 effectiveJan. 1, 1987, seesection 517(e) of Pub. L. 99–499, set out as an Effective Date note undersection 9507 of Title 26,Internal Revenue Code.

Effective Date of 1980 Amendment

Pub. L. 96–561, title II, § 238(b),Dec. 22, 1980,94 Stat. 3300, provided that the amendment made by that section is effective 15 days afterDec. 22, 1980.

Short Title of 2018 Amendment

Pub. L. 115–141, div. N, § 1,Mar. 23, 2018,132 Stat. 1052, provided that:

“This division [amending this section and sections9604,9607, and9628 of this title] may be cited as the ‘Brownfields Utilization, Investment, and Local Development Act of 2018’ or the ‘BUILD Act’.”

Pub. L. 115–141, div. S, title XI, § 1101,Mar. 23, 2018,132 Stat. 1147, provided that:

“This title [amendingsection 9603 of this title and enacting provisions set out as a note undersection 9603 of this title] may be cited as the ‘Fair Agricultural Reporting Method Act’ or the ‘FARM Act’.”

Short Title of 2002 Amendments

Pub. L. 107–118, § 1,Jan. 11, 2002,115 Stat. 2356, provided that:

“This Act [enactingsection 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 andsection 9607 of this title] may be cited as the ‘Small Business LiabilityRelief and Brownfields Revitalization Act’.”

Pub. L. 107–118, title I, § 101,Jan. 11, 2002,115 Stat. 2356, provided that:

“This title [amending sections9607 and9622 of this title and enacting provisions set out as a note undersection 9607 of this title] may be cited as the ‘Small Business Liability Protection Act’.”

Pub. L. 107–118, title II, § 201,Jan. 11, 2002,115 Stat. 2360, provided that:

“This title [enactingsection 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

Pub. L. 104–208, div. A, title II, § 2501,Sept. 30, 1996,110 Stat. 3009–462, provided that:

“This subtitle [subtitle E (§§ 2501–2505) of title II of div. A ofPub. L. 104–208, amending this section and sections 6991b and 9607 of this title and enacting provisions set out as a note undersection 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, § 1,Oct. 19, 1992,106 Stat. 2174, provided that:

“This Act [amendingsection 9620 of this title and enacting provisions set out as a note undersection 9620 of this title] may be cited as the ‘Community Environmental Response Facilitation Act’.”

Short Title of 1986 Amendment

Pub. L. 99–499, § 1,Oct. 17, 1986,100 Stat. 1613, provided that:

“This Act [enacting subchapter IV of this chapter and sections9616 to9626,9658 to9662,11001 to11005,11021 to11023, and11041 to11050 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, sections6926,6928,6991 to6991d,6991g,9602 to9609,9611 to9614,9631,9651,9656, and9657 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, andsection 1416 of Title 33, Navigation and Navigable Waters, renumbering formersection 2701 of Title 10 assection 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, andsection 655 of Title 29, Labor] may be cited as the ‘Superfund Amendments and Reauthorization Act of 1986’.”

Short Title

Pub. L. 96–510, § 1,Dec. 11, 1980,94 Stat. 2767, provided:

“That this Act [enacting this chapter,section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26,Internal Revenue Code, amendingsection 6911 of this title,section 1364 of Title 33, Navigation and Navigable Waters, andsection 11901 of Title 49, Transportation, and enacting provisions set out as notes undersection 6911 of this title and sections 1 and 4611 of Title 26] may be cited as the ‘Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980’.”

Definitions

Pub. L. 99–499, § 2,Oct. 17, 1986,100 Stat. 1614, provided that:

“As used in this Act [see Short Title of 1986 Amendment note above]—

“(1)CERCLA.—

The term ‘CERCLA’ means the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (42 U.S.C. 9601 et seq.).

“(2) Administrator.—

The term ‘Administrator’ means theAdministrator of theEnvironmental Protection Agency.”

Executive Documents

Transfer of Functions

For transfer of certain functions fromNuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R.40561,94 Stat. 3585, set out as a note undersection 5841 of this title.

Territorial Sea and Contiguous Zone of United States

For extension ofterritorial sea andcontiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes undersection 1331 of Title 43, Public Lands.

CFR Title	Parts
2	1500
40	3, 9, 34, 35, 279, 300, 302, 305, 307, 312, 451

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