
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC9507]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                       Subtitle I--Trust Fund Code
 
                       CHAPTER 98--TRUST FUND CODE
 
               Subchapter A--Establishment of Trust Funds
 
Sec. 9507. Hazardous Substance Superfund


(a) Creation of Trust Fund

    There is established in the Treasury of the United States a trust 
fund to be known as the ``Hazardous Substance Superfund'' (hereinafter 
in this section referred to as the ``Superfund''), consisting of such 
amounts as may be--
        (1) appropriated to the Superfund as provided in this section,
        (2) appropriated to the Superfund pursuant to section 517(b) of 
    the Superfund Revenue Act of 1986, or
        (3) credited to the Superfund as provided in section 9602(b).

(b) Transfers to Superfund

    There are hereby appropriated to the Superfund amounts equivalent 
to--
        (1) the taxes received in the Treasury under section 59A, 4611, 
    4661, or 4671 (relating to environmental taxes),
        (2) amounts recovered on behalf of the Superfund under the 
    Comprehensive Environmental Response, Compensation, and Liability 
    Act of 1980 (hereinafter in this section referred to as ``CERCLA''),
        (3) all moneys recovered or collected under section 311(b)(6)(B) 
    of the Clean Water Act,\1\
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (4) penalties assessed under title I of CERCLA, and
        (5) punitive damages under section 107(c)(3) of CERCLA.

In the case of the tax imposed by section 4611, paragraph (1) shall 
apply only to so much of such tax as is attributable to the Hazardous 
Substance Superfund financing rate under section 4611(c).

(c) Expenditures from Superfund

                           (1) In general

        Amounts in the Superfund shall be available, as provided in 
    appropriation Acts, only for purposes of making expenditures--
            (A) to carry out the purposes of--
                (i) paragraphs (1), (2), (5), and (6) of section 111(a) 
            of CERCLA as in effect on the date of the enactment of the 
            Superfund Amendments and Reauthorization Act of 1986,
                (ii) section 111(c) of CERCLA (as so in effect), other 
            than paragraphs (1) and (2) thereof, and
                (iii) section 111(m) of CERCLA (as so in effect), or

            (B) hereafter authorized by a law which does not authorize 
        the expenditure out of the Superfund for a general purpose not 
        covered by subparagraph (A) (as so in effect).

      (2) Exception for certain transfers, etc., of hazardous 
                                 substances

        No amount in the Superfund or derived from the Superfund shall 
    be available or used for the transfer or disposal of hazardous waste 
    carried out pursuant to a cooperative agreement between the 
    Administrator of the Environmental Protection Agency and a State if 
    the following conditions apply--
            (A) the transfer or disposal, if made on December 13, 1985, 
        would not comply with a State or local requirement,
            (B) the transfer is to a facility for which a final permit 
        under section 3005(a) of the Solid Waste Disposal Act was issued 
        after January 1, 1983, and before November 1, 1984, and
            (C) the transfer is from a facility identified as the McColl 
        Site in Fullerton, California.

(d) Authority to borrow

                           (1) In general

        There are authorized to be appropriated to the Superfund, as 
    repayable advances, such sums as may be necessary to carry out the 
    purposes of the Superfund.

                (2) Limitation on aggregate advances

        The maximum aggregate amount of repayable advances to the 
    Superfund which is outstanding at any one time shall not exceed an 
    amount equal to the amount which the Secretary estimates will be 
    equal to the sum of the amounts appropriated to the Superfund under 
    subsection (b)(1) during the following 24 months.

                      (3) Repayment of advances

        (A) In general

            Advances made to the Superfund shall be repaid, and interest 
        on such advances shall be paid, to the general fund of the 
        Treasury when the Secretary determines that moneys are available 
        for such purposes in the Superfund.

        (B) Final repayment

            No advance shall be made to the Superfund after December 31, 
        1995, and all advances to such Fund shall be repaid on or before 
        such date.

        (C) Rate of interest

            Interest on advances made to the Superfund shall be at a 
        rate determined by the Secretary of the Treasury (as of the 
        close of the calendar month preceding the month in which the 
        advance is made) to be equal to the current average market yield 
        on outstanding marketable obligations of the United States with 
        remaining periods to maturity comparable to the anticipated 
        period during which the advance will be outstanding and shall be 
        compounded annually.

(e) Liability of United States limited to amount in Trust Fund

                          (1) General rule

        Any claim filed against the Superfund may be paid only out of 
    the Superfund.

               (2) Coordination with other provisions

        Nothing in CERCLA or the Superfund Amendments and 
    Reauthorization Act of 1986 (or in any amendment made by either of 
    such Acts) shall authorize the payment by the United States 
    Government of any amount with respect to any such claim out of any 
    source other than the Superfund.

           (3) Order in which unpaid claims are to be paid

        If at any time the Superfund has insufficient funds to pay all 
    of the claims payable out of the Superfund at such time, such claims 
    shall, to the extent permitted under paragraph (1), be paid in full 
    in the order in which they were finally determined.

(Added Pub. L. 99-499, title V, Sec. 517(a), Oct. 17, 1986, 100 Stat. 
1772; amended Pub. L. 99-509, title VIII, Sec. 8032(c)(4), Oct. 21, 
1986, 100 Stat. 1959; Pub. L. 101-508, title XI, Sec. 11231(c), Nov. 5, 
1990, 104 Stat. 1388-445.)

                       References in Text

    Section 517(b) of the Superfund Revenue Act of 1986, referred to in 
subsec. (a)(2), is section 517(b) of Pub. L. 99-499, which is set out as 
a note under this section.
    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 and CERCLA, referred to in subsecs. (b)(2), (4), 
(5), (c)(1)(A), and (e)(2), is Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 
2767, as amended, which is classified principally to chapter 103 
(Sec. 9601 et seq.) of Title 42, The Public Health and Welfare. Title I 
of CERCLA is classified to subchapter I (Sec. 9601 et seq.) of chapter 
103 of Title 42. Sections 107(c)(3) and 111(a)(1), (2), (5), and (6), 
(c), and (m) of CERCLA are classified to sections 9607(c)(3) and 
9611(a)(1), (2), (5), and (6), (c), and (m) of Title 42, respectively. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 9601 of Title 42 and Tables.
    Section 311(b)(6)(B) of the Clean Water Act, referred to in subsec. 
(b)(3), which was classified to section 1321(b)(6)(B) of Title 33, 
Navigation and Navigable Waters, and which related to civil actions by 
the Administrator to impose penalties for prohibited discharges was 
struck out by Pub. L. 101-380, title IV, Sec. 4301(b), Aug. 18, 1990, 
104 Stat. 533, which added a new section 311(b)(6)(B) relating to 
classes of civil penalties imposed by the Secretary of the department in 
which the Coast Guard is operating or the Administrator for prohibited 
discharges or violations of regulations.
    The date of the enactment of the Superfund Amendments and 
Reauthorization Act of 1986, referred to in subsec. (c)(1)(A)(i), is the 
date of enactment of Pub. L. 99-499, which was approved Oct. 17, 1986.
    Section 3005(a) of the Solid Waste Disposal Act, referred to in 
subsec. (c)(2)(B), is classified to section 6925(a) of Title 42, The 
Public Health and Welfare.
    The Superfund Amendments and Reauthorization Act of 1986, referred 
to in subsec. (e)(2), is Pub. L. 99-499, Oct. 17, 1986, 100 Stat. 1613. 
For complete classification of this Act to the Code, see Short Title of 
1986 Amendment note set out under section 9601 of Title 42 and Tables.


                               Amendments

    1990--Subsec. (d)(3)(B). Pub. L. 101-508 substituted ``December 31, 
1995'' for ``December 31, 1991''.
    1986--Subsec. (b). Pub. L. 99-509 inserted at end ``In the case of 
the tax imposed by section 4611, paragraph (1) shall apply only to so 
much of such tax as is attributable to the Hazardous Substance Superfund 
financing rate under section 4611(c).''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-509 effective on commencement date as 
defined in section 4611(f)(2), see section 8032(d) of Pub. L. 99-509, 
set out as a note under section 4611 of this title.


                             Effective Date

    Section 517(e) of Pub. L. 99-499 provided that:
    ``(1) In general.--The amendments made by this section [enacting 
this section, amending section 9601 of Title 42, The Public Health and 
Welfare, and repealing sections 9631 to 9633 of Title 42] shall take 
effect on January 1, 1987.
    ``(2) Superfund treated as continuation of old trust fund.--The 
Hazardous Substance Superfund established by the amendments made by this 
section shall be treated for all purposes of law as a continuation of 
the Hazardous Substance Response Trust Fund established by section 221 
of the Hazardous Substance Response Revenue Act of 1980 [former 42 
U.S.C. 9631]. Any reference in any law to the Hazardous Substance 
Response Trust Fund established by such section 221 shall be deemed to 
include (wherever appropriate) a reference to the Hazardous Substance 
Superfund established by the amendments made by this section.''


                     Authorization of Appropriations

    Section 517(b) of Pub. L. 99-499, as amended by Pub. L. 101-508, 
title XI, Sec. 11231(d), Nov. 5, 1990, 104 Stat. 1388-445, provided 
that: ``There is authorized to be appropriated, out of any money in the 
Treasury not otherwise appropriated, to the Hazardous Substance 
Superfund for fiscal year--
        ``(1) 1987, $250,000,000,
        ``(2) 1988, $250,000,000,
        ``(3) 1989, $250,000,000,
        ``(4) 1990, $250,000,000,
        ``(5) 1991, $250,000,000, and [sic]
        ``(6) 1992, $250,000,000,
        ``(7) 1993, $250,000,000,
        ``(8) 1994, $250,000,000, and
        ``(9) 1995, $250,000,000,
plus for each fiscal year an amount equal to so much of the aggregate 
amount authorized to be appropriated under this subsection (and 
paragraph (2) of section 221(b) of the Hazardous Substance Response Act 
of 1980 [probably means section 221(b)(2) of the Hazardous Substance 
Response Revenue Act of 1980, which was classified to 42 U.S.C. 
9631(b)(2) before its repeal by section 517(c)(1) of Pub. L. 99-499], as 
in effect before its repeal) as has not been appropriated before the 
beginning of the fiscal year involved.''
    [Section 11231(d) of Pub. L. 101-508 directed that section 517(b) of 
Pub. L. 99-499, set out above, be ``amended by striking `and' at the end 
of paragraph (4), by striking the period at the end of paragraph (5) and 
inserting `, and', and by adding at the end thereof'' new pars. (6) to 
(9), with par. (9) ending in a period. Pub. L. 104-188, title I, 
Sec. 1704(t)(44), Aug. 20, 1996, 110 Stat. 1889, provided that section 
11231(d) of Pub. L. 101-508 ``shall be applied as if `comma' appeared 
instead of `period' [in the directory language amending section 
517(b)(5) of Pub. L. 99-499] and as if the paragraph (9) proposed to be 
added ended with a comma''.]

                  Section Referred to in Other Sections

    This section is referred to in title 42 sections 9601, 9611.
