
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-118 Section 211(a)]
[Document affected by Public Law 107-118 Section 222(a)]
[Document affected by Public Law 107-118 Section 223]
[Document affected by Public Law 107-118 Section 231(a)]
[Document affected by Public Law 107-118 Section 1]
[Document affected by Public Law 107-118 Section 101]
[Document affected by Public Law 107-118 Section 201]
[CITE: 42USC9601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9601. Definitions

    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 the Administrator of the 
    United States Environmental 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 person who presents a claim 
    for compensation under this chapter.
        (6) The term ``damages'' means damages for injury or loss of 
    natural resources as set forth in section 9607(a) or 9611(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 the Safe 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) the navigable waters, the 
    waters of the contiguous zone, and the ocean waters of which the 
    natural resources are under the exclusive management authority of 
    the United States under the Magnuson-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 owned treatment works), well, pit, pond, lagoon, 
    impoundment, ditch, landfill, storage container, motor vehicle, 
    rolling stock, or aircraft, or (B) any site or area where a 
    hazardous 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 permitted release'' means (A) 
    discharges in compliance with a permit under section 1342 of title 
    33, (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 1342 of title 33 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 1342 of title 33, which are caused by 
    events occurring within the scope of relevant operating or treatment 
    systems, (D) discharges in compliance with a legally enforceable 
    permit under section 1344 of title 33, (E) releases in compliance 
    with a legally enforceable final permit issued pursuant to section 
    3005(a) through (d) of the Solid Waste Disposal Act [42 U.S.C. 
    6925(a)-(d)] from a hazardous waste treatment, storage, or disposal 
    facility when such permit specifically identifies the hazardous 
    substances and makes such substances subject to a standard of 
    practice, control procedure or bioassay limitation or condition, or 
    other control on the hazardous substances in such releases, (F) any 
    release in compliance with a legally enforceable permit issued under 
    section 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 Administrator of the Environmental 
    Protection Agency) pursuant to part C of the Safe 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 the 
    Clean Air Act [42 U.S.C. 7410] (and not disapproved by the 
    Administrator of the Environmental 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 treatment works when such 
    pollutant is specified in and in compliance with applicable 
    pretreatment standards of section 1317 (b) or (c) of title 33 and 
    enforceable requirements in a pretreatment program submitted by a 
    State or municipality for Federal approval under section 1342 of 
    title 33, and (K) any release of source, special nuclear, or 
    byproduct material, as those terms are defined in the Atomic 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 
    the Atomic Energy Act of 1954.
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    \1\ So in original. Probably should be ``or''.
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        (11) The term ``Fund'' or ``Trust Fund'' means the Hazardous 
    Substance Superfund established by section 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 operator under this chapter.
        (14) The term ``hazardous substance'' means (A) any substance 
    designated pursuant to section 1321(b)(2)(A) of title 33, (B) any 
    element, compound, mixture, solution, or substance designated 
    pursuant to section 9602 of this title, (C) any hazardous waste 
    having the characteristics identified under or listed pursuant to 
    section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but 
    not including any waste the regulation of which under the Solid 
    Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by 
    Act of Congress), (D) any toxic pollutant listed under section 
    1317(a) of title 33, (E) any hazardous air pollutant listed under 
    section 112 of the Clean Air Act [42 U.S.C. 7412], and (F) any 
    imminently hazardous chemical substance or mixture with respect to 
    which the Administrator has taken action pursuant to section 2606 of 
    title 15. The term does not include petroleum, including crude oil 
    or any fraction thereof which is not otherwise specifically listed 
    or designated as a hazardous substance under 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 the Magnuson-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 facility of any 
    kind located in, on, or under, any of the navigable waters of the 
    United States, and any facility of 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 vessel or 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 vessel 
    documentation 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 
    a vessel, any person owning, operating, or chartering by demise, 
    such vessel, (ii) in the case of an onshore facility or an offshore 
    facility, any person owning 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 person who owned, 
    operated, or otherwise controlled activities at such facility 
    immediately beforehand. Such term does not include a person, who, 
    without participating in the management of a vessel or facility, 
    holds indicia of ownership primarily to protect his security 
    interest in the vessel or facility.
        (B) In the case of a hazardous substance which has been accepted 
    for transportation by a common or contract carrier and except as 
    provided in section 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 substance 
    shall not be considered to have caused or contributed to any release 
    during such transportation which resulted solely from circumstances 
    or conditions beyond his control.
        (C) In the case of a hazardous substance which has been 
    delivered by a common or contract carrier to a disposal or treatment 
    facility and except as provided in section 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 release 
    at such disposal or treatment facility 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 
    involuntarily through bankruptcy, tax delinquency, abandonment, or 
    other circumstances in which the government involuntarily 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 the release or 
    threatened release of a hazardous substance from 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 liability under section 9607 of this title.
        (E) Exclusion of lenders not participants in management.--
            (i) Indicia of ownership to protect security.--The term 
        ``owner or operator'' does not include a person that is a lender 
        that, without participating in the management of a vessel or 
        facility, holds indicia of ownership primarily to protect the 
        security interest of the person in the vessel or facility.
            (ii) Foreclosure.--The term ``owner or operator'' does not 
        include a person that is a lender that did not participate in 
        management of a vessel or facility prior to foreclosure, 
        notwithstanding that the person--
                (I) forecloses on the vessel or facility; and
                (II) after foreclosure, sells, re-leases (in the case of 
            a lease finance transaction), or liquidates the vessel or 
            facility, maintains business activities, winds up 
            operations, undertakes a response action under section 
            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 vessel or facility, or takes any 
            other measure to preserve, protect, or prepare the vessel or 
            facility prior to sale or disposition,

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

        (F) Participation in management.--For purposes of subparagraph 
    (E)--
            (i) the term ``participate in management''--
                (I) means actually participating in the management or 
            operational affairs of a vessel or facility; and
                (II) does not include merely having the capacity to 
            influence, or the unexercised right to control, vessel or 
            facility operations;

            (ii) a person that is a lender and that holds indicia of 
        ownership primarily to protect a security interest in a vessel 
        or facility shall be considered to participate in management 
        only if, while the borrower is still in possession of the vessel 
        or facility encumbered by the security interest, the person--
                (I) exercises decisionmaking control over the 
            environmental compliance related to the vessel or facility, 
            such that the person has undertaken responsibility for the 
            hazardous substance handling or disposal practices related 
            to the vessel or facility; or
                (II) exercises control at a level comparable to that of 
            a manager of the vessel or facility, such that the person 
            has assumed or manifested responsibility--
                    (aa) for the overall management of the vessel or 
                facility encompassing day-to-day decisionmaking with 
                respect to environmental compliance; or
                    (bb) over all or substantially all of the 
                operational functions (as distinguished from financial 
                or administrative functions) of the vessel or facility 
                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 interest is created in a vessel or facility; 
        and
            (iv) the term ``participate in management'' does not 
        include--
                (I) holding a security interest or abandoning or 
            releasing a security interest;
                (II) including in the terms of an extension 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 the extension of credit or security interest;
                (IV) monitoring or undertaking 1 or more inspections of 
            the vessel or facility;
                (V) requiring a response action or other lawful means of 
            addressing the release or threatened release of a hazardous 
            substance in connection with the vessel or facility prior 
            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 the vessel or facility;
                (VII) restructuring, renegotiating, or otherwise 
            agreeing to alter the terms and conditions of the extension 
            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 the extension of credit or security agreement; or
                (IX) conducting a response action under section 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)).

        (G) 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 
            leased vessel or facility and does not during the lease term 
            control the daily operations or maintenance of the vessel or 
            facility; or
                (II) that conforms with regulations issued by the 
            appropriate Federal banking agency or the appropriate State 
            bank supervisor (as those terms are defined in section 1813 
            of title 12 \2\ or with regulations issued by the National 
            Credit Union Administration Board, as appropriate.
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    \2\ So in original. Probably should be followed by a closing 
parenthesis.

            (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, a 
        vessel or facility 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 the vessel or facility was security for an extension of 
        credit previously contracted;
                (II) conveyance pursuant to an extension of credit 
            previously contracted, including the termination of a lease 
            agreement; or
                (III) any other formal or informal manner by which the 
            person acquires, for subsequent disposition, title to or 
            possession of a vessel or facility in order to protect the 
            security interest of the person.

            (iv) Lender.--The term ``lender'' means--
                (I) an insured depository institution (as defined in 
            section 1813 of title 12);
                (II) an insured credit union (as defined in section 1752 
            of title 12);
                (III) a bank or association chartered under the Farm 
            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) any person (including a successor or assignee of any 
            such person) that makes a bona fide extension of credit to 
            or takes or acquires a security interest from a 
            nonaffiliated person;
                (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) a person 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 
            nonaffiliated person; and
                (VIII) a person that provides title insurance and that 
            acquires a vessel or facility as a result of assignment or 
            conveyance in the course of underwriting claims and claims 
            settlement.

            (v) Operational function.--The term ``operational function'' 
        includes a function such as that of a facility 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 a person to secure the 
        repayment of money, the performance of a duty, or any other 
        obligation by a nonaffiliated person.

        (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 substance or pollutant or 
    contaminant), but excludes (A) any release which results in exposure 
    to persons solely within a workplace, with respect to a claim which 
    such persons may 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 the Atomic Energy Act of 
    1954 [42 U.S.C. 2011 et seq.], if such release is subject to 
    requirements with respect to financial protection established by the 
    Nuclear Regulatory Commission under section 170 of such Act [42 
    U.S.C. 2210], or, for the purposes of section 9604 of this title or 
    any other response action, any release of 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 \3\ the cleanup 
    or removal of released hazardous substances from the environment, 
    such actions as may be necessary taken in the event of the threat of 
    release of hazardous substances into the environment, such actions 
    as may be necessary to monitor, assess, and evaluate the release or 
    threat of release of hazardous substances, the disposal of 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 
    release or 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 under section 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.].
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    \3\ So in original. Probably should be ``mean''.
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        (24) The terms ``remedy'' or ``remedial action'' means \3\ those 
    actions consistent with permanent remedy taken instead of or in 
    addition to removal actions in the event of a release or threatened 
    release of a hazardous substance into the environment, to prevent or 
    minimize the release of hazardous substances so 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 release as storage, 
    confinement, perimeter protection using dikes, trenches, or ditches, 
    clay cover, neutralization, cleanup of released hazardous substances 
    and 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 treatment or 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 transport and 
    offsite storage, treatment, destruction, or secure disposition of 
    hazardous substances and associated contaminated materials.
        (25) The terms ``respond'' or ``response'' means \3\ remove, 
    removal, remedy, and remedial action;,\4\ all such terms (including 
    the terms ``removal'' and ``remedial action'') include enforcement 
    activities related thereto.
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    \4\ So in original.
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        (26) The terms ``transport'' or ``transportation'' means \3\ the 
    movement of a hazardous substance by any mode, including a hazardous 
    liquid pipeline facility (as defined in section 60101(a) of title 
    49), and in the case of a hazardous substance which has been 
    accepted for transportation by a common or contract carrier, the 
    term ``transport'' or ``transportation'' shall include any stoppage 
    in transit which is temporary, incidental to the transportation 
    movement, 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 Puerto Rico, 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 of transportation on water.
        (29) The terms ``disposal'', ``hazardous waste'', and 
    ``treatment'' shall have the meaning provided in section 1004 of the 
    Solid Waste Disposal Act [42 U.S.C. 6903].
        (30) The terms ``territorial sea'' and ``contiguous zone'' shall 
    have the meaning provided in section 1362 of title 33.
        (31) The term ``national contingency plan'' means the national 
    contingency plan published under section 1321(c) \5\ of title 33 or 
    revised pursuant to section 9605 of this title.
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    \5\ See References in Text note below.
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        (32) The terms ``liable'' or ``liability'' under this subchapter 
    shall be construed to be the standard of liability which obtains 
    under section 1321 of title 33.
        (33) The term ``pollutant or contaminant'' shall include, but 
    not be limited to, any element, substance, compound, or mixture, 
    including disease-causing agents, which after release into the 
    environment and upon exposure, ingestion, inhalation, or 
    assimilation into any organism, either directly from the environment 
    or 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 substance under 
    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 
    of section 9607(b)(3) of this title, includes, but is not limited 
    to, land contracts, deeds or other instruments transferring title or 
    possession, unless the real property on which the facility concerned 
    is located was acquired by the defendant after the disposal or 
    placement of the hazardous substance on, 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 the facility the 
        defendant did not know and had no reason to know that any 
        hazardous substance which is the subject of the release or 
        threatened release was disposed of on, in, or at the facility.
            (ii) The defendant is a government entity which acquired the 
        facility 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 the facility by inheritance or 
        bequest.

    In addition to establishing the foregoing, the defendant must 
    establish that he has satisfied the requirements of section 
    9607(b)(3)(a) and (b) of this title.
        (B) 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.
        (C) Nothing in this paragraph or in section 9607(b)(3) of this 
    title shall diminish the liability of any previous owner or operator 
    of such facility who would otherwise be liable under this chapter. 
    Notwithstanding this paragraph, if the defendant obtained actual 
    knowledge of the release or threatened release of a hazardous 
    substance at such facility when the defendant owned the real 
    property and then subsequently transferred ownership of the property 
    to another person without disclosing such knowledge, such defendant 
    shall be treated as liable under section 9607(a)(1) of this title 
    and no defense under section 9607(b)(3) of this title shall be 
    available to such defendant.
        (D) Nothing in this paragraph shall affect the liability under 
    this chapter of a defendant who, by any act or omission, caused or 
    contributed to the release or threatened release of a hazardous 
    substance which is the subject of the action relating to the 
    facility.
        (36) The term ``Indian tribe'' means any Indian 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 recycling facility, 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 person for 
        collection, accumulation, and delivery to an oil recycling 
        facility.

        (B) For purposes of section 9614(c) of this title, the term 
    ``service station dealer'' shall, notwithstanding the provisions of 
    subparagraph (A), include any government agency that establishes a 
    facility solely 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 vessel which 
    carries hazardous substances for the purpose of incineration of such 
    substances, so long as such substances or residues of such 
    substances are on board.

(Pub. L. 96-510, title I, Sec. 101, Dec. 11, 1980, 94 Stat. 2767; Pub. 
L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 
99-499, title I, Secs. 101, 114(b), 127(a), title V, Sec. 517(c)(2), 
Oct. 17, 1986, 100 Stat. 1615, 1652, 1692, 1774; Pub. L. 100-707, title 
I, Sec. 109(v), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 103-429, 
Sec. 7(e)(1), Oct. 31, 1994, 108 Stat. 4390; Pub. L. 104-208, div. A, 
title I, Sec. 101(a) [title II, Sec. 211(b)], title II, Sec. 2502(b), 
Sept. 30, 1996, 110 Stat. 3009, 3009-41, 3009-464; Pub. L. 104-287, 
Sec. 6(j)(1), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106-74, title IV, 
Sec. 427, Oct. 20, 1999, 113 Stat. 1095.)

                       References in Text

    This chapter, referred to in pars. (5), (13), (20)(D), (G), and 
(35)(C), (D), was in the original ``this Act'', meaning Pub. L. 96-510, 
Dec. 11, 1980, 94 Stat. 2767, as amended, known as the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980. For 
complete classification of this Act to the Code, see Short Title note 
below and Tables.
    The Safe Drinking Water Act, referred to in pars. (7) and (10), is 
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, 
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to 
subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. Part C 
of the Safe Drinking Water Act is classified generally to part C 
(Sec. 300h et seq.) of subchapter XII of chapter 6A of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 201 of this title and Tables.
    The Magnuson-Stevens Fishery Conservation and Management Act, 
referred to in pars. (8) and (16), is Pub. L. 94-265, Apr. 13, 1976, 90 
Stat. 331, as amended, which is classified principally to chapter 38 
(Sec. 1801 et seq.) of Title 16, Conservation. The fishery conservation 
zone established by this Act, referred to in par. (16), was established 
by section 101 of this Act (16 U.S.C. 1811), which as amended generally 
by Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706, 
relates to United States sovereign rights and fishery management 
authority over fish within the exclusive economic zone as defined in 
section 1802 of Title 16. For complete classification of this Act to the 
Code, see Short Title note set out under section 1801 of Title 16 and 
Tables.
    The Clean Air Act, referred to in par. (10), is act July 14, 1955, 
ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77 Stat. 
392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. The Clean 
Air Act was originally classified to chapter 15B (Sec. 1857 et seq.) of 
this title. On enactment of Pub. L. 95-95, the Act was reclassified to 
chapter 85 (Sec. 7401 et seq.) of this title. Parts C and D of title I 
of the Clean Air Act are classified generally to parts C (Sec. 7470 et 
seq.) and D (Sec. 7501 et seq.), respectively, of subchapter I of 
chapter 85 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 7401 of this title and 
Tables.
    The Atomic Energy Act of 1954, referred to in pars. (10) and (22), 
is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, 
Sec. 1, 68 Stat. 921, and amended, which is classified generally to 
chapter 23 (Sec. 2011 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2011 of this title and Tables.
    The Solid Waste Disposal Act, referred to in par. (14), is title II 
of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by 
Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is 
classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.
    The Farm Credit Act of 1971, referred to in par. (20)(G)(iv)(III), 
is Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is 
classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12, 
Banks and Banking. For complete classification of this Act to the Code, 
see Short Title note set out under section 2001 of Title 12 and Tables.
    The Disaster Relief and Emergency Assistance Act, referred to in 
par. (23), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, 
known as the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, which is classified principally to chapter 68 (Sec. 5121 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 5121 of this title and Tables.
    Section 1321(c) of title 33, referred to in par. (31), was amended 
generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug. 18, 1990, 104 
Stat. 523, and no longer contains provisions directing the publishing of 
a National Contingency Plan. However, such provisions are contained in 
section 1321(d) of Title 33, Navigation and Navigable Waters.


                               Amendments

    1999--Par. (20)(D). Pub. L. 106-74, which directed the amendment of 
subpar. (D) by inserting ``through seizure or otherwise in connection 
with law enforcement activity'' before ``involuntary'' the first place 
it appears, could not be executed because the word ``involuntary'' does 
not appear in subpar. (D).
    1996--Pars. (8), (16). Pub. L. 104-208, Sec. 101(a) [title II, 
Sec. 211(b)], substituted ``Magnuson-Stevens Fishery'' for ``Magnuson 
Fishery''.
    Par. (20)(E) to (G). Pub. L. 104-208, Sec. 2502(b), added subpars. 
(E) to (G).
    Par. (26). Pub. L. 104-287 substituted ``section 60101(a) of title 
49'' for ``the Pipeline Safety Act''.
    1994--Par. (26). Pub. L. 103-429 substituted ``a hazardous liquid 
pipeline facility'' for ``pipeline''.
    1988--Par. (23). Pub. L. 100-707 substituted ``Disaster Relief and 
Emergency Assistance Act'' for ``Disaster Relief Act of 1974''.
    1986--Pub. L. 99-499, Sec. 101(f), struck out ``, the term'' after 
``subchapter'' in introductory text.
    Pars. (1) to (10). Pub. L. 99-499, Sec. 101(f), inserted ``The 
term'' and substituted a period for the semicolon at end.
    Par. (11). Pub. L. 99-499, Sec. 517(c)(2), amended par. (11) 
generally. Prior to amendment, par. (11) read as follows: ``The term 
`Fund' or `Trust Fund' means the Hazardous Substance Response Fund 
established by section 9631 of this title or, in the case of a hazardous 
waste disposal facility for which liability has been transferred under 
section 9607(k) of this title, the Post-closure Liability Fund 
established by section 9641 of this title.''
    Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and substituted a 
period for the semicolon at end.
    Pars. (12) to (15). Pub. L. 99-499, Sec. 101(f), inserted ``The 
term'' and substituted a period for the semicolon at end.
    Par. (16). Pub. L. 99-499, Sec. 101(a), (f), inserted ``The term'', 
struck out ``or'' after ``local government,'' inserted ``, any Indian 
tribe, or, if such resources are subject to a trust restriction on 
alienation, any member of an Indian tribe'', and substituted a period 
for the semicolon at end.
    Pars. (17) to (19). Pub. L. 99-499, Sec. 101(f), inserted ``The 
term'' and substituted a period for the semicolon at end.
    Par. (20)(A). Pub. L. 99-499, Sec. 101(f), inserted ``The term''.
    Pub. L. 99-499, Sec. 101(b)(2), amended cl. (iii) generally. Prior 
to amendment, cl. (iii) read as follows: ``in the case of any abandoned 
facility, any person who owned, operated, or otherwise controlled 
activities at such facility immediately prior to such abandonment.''
    Pub. L. 99-499, Sec. 101(b)(3), in provisions following subcl. 
(iii), substituted a period for the semicolon at end.
    Par. (20)(B), (C). Pub. L. 99-499, Sec. 101(b)(3), substituted ``In 
the case'' for ``in the case'' and a period for the semicolon at end.
    Par. (20)(D). Pub. L. 99-499, Sec. 101(b)(1), (f), added subpar. 
(D). The part of Sec. 101(f) of Pub. L. 99-499 which directed the 
amendment of par. (20) by changing the semicolon at end to a period 
could not be executed in view of the prior amendment of par. (20) by 
Sec. 101(b)(1) of Pub. L. 99-499 which added subpar. (D) ending in a 
period.
    Par. (21). Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and 
substituted a period for the semicolon at end.
    Par. (22). Pub. L. 99-499, Sec. 101(c), (f), inserted ``The term'' 
and ``(including the abandonment or discarding of barrels, containers, 
and other closed receptacles containing any hazardous substance or 
pollutant or contaminant)'', substituted a period for the semicolon at 
end.
    Par. (23). Pub. L. 99-499, Sec. 101(f), inserted ``The terms'' and 
substituted a period for the semicolon at end.
    Par. (24). Pub. L. 99-499, Sec. 101(d), (f), inserted ``The terms'' 
and substituted ``and associated contaminated materials'' for ``or 
contaminated materials'' and ``welfare; the term includes offsite 
transport and offsite storage, treatment, destruction, or secure 
disposition of hazardous substances and associated contaminated 
materials.'' for ``welfare. The term does not include offsite transport 
of hazardous substances, or the storage, treatment, destruction, or 
secure disposition offsite of such hazardous substances or contaminated 
materials unless the President determines that such actions (A) are more 
cost-effective than other remedial actions, (B) will create new capacity 
to manage, in compliance with subtitle C of the Solid Waste Disposal Act 
[42 U.S.C. 6921 et seq.], hazardous substances in addition to those 
located at the affected facility, or (C) are necessary to protect public 
health or welfare or the environment from a present or potential risk 
which may be created by further exposure to the continued presence of 
such substances or materials;''. The part of Sec. 101(f) of Pub. L. 99-
499 which directed amendment of par. (24) by changing the semicolon at 
end to a period could not be executed in view of prior amendment of par. 
(24) by Sec. 101(d) of Pub. L. 99-499 which substituted language at end 
of par. (24) ending in a period for former language ending in a 
semicolon.
    Par. (25). Pub. L. 99-499, Sec. 101(e), (f), inserted ``The terms'' 
and ``, all such terms (including the terms `removal' and `remedial 
action') include enforcement activities related thereto.'' The part of 
Sec. 101(f) of Pub. L. 99-499 which directed amendment of par. (25) by 
changing the semicolon at end to a period could not be executed in view 
of prior amendment of par. (25) by Sec. 101(e) of Pub. L. 99-499 
inserting language and a period at end of par. (25).
    Pars. (26), (27). Pub. L. 99-499, Sec. 101(f), inserted ``The 
terms'' and substituted a period for the semicolon at end.
    Par. (28). Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and 
substituted a period for the semicolon at end.
    Par. (29). Pub. L. 99-499, Sec. 101(f), inserted ``The terms'' and 
substituted a period for the semicolon at end.
    Par. (30). Pub. L. 99-499, Sec. 101(f), inserted ``The terms''.
    Par. (31). Pub. L. 99-499, Sec. 101(f), inserted ``The term'' and 
substituted a period for ``; and''.
    Par. (32). Pub. L. 99-499, Sec. 101(f), inserted ``The terms''.
    Pars. (33) to (36). Pub. L. 99-499, Sec. 101(f), added pars. (33) to 
(36).
    Par. (37). Pub. L. 99-499, Sec. 114(b), added par. (37).
    Par. (38). Pub. L. 99-499, Sec. 127(a), added par. (38).
    1980--Pars. (8), (16). Pub. L. 96-561 substituted ``Magnuson Fishery 
Conservation and Management Act'' for ``Fishery Conservation and 
Management Act of 1976''.


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.
    Amendment by section 2502(b) of Pub. L. 104-208 applicable with 
respect to any claim that has not been finally adjudicated as of Sept. 
30, 1996, see section 2505 of Pub. L. 104-208, set out as a note under 
section 6991b of this title.


                    Effective Date of 1986 Amendment

    Section 4 of Pub. L. 99-499 provided that: ``Except as otherwise 
specified in section 121(b) of this Act [set out as an Effective Date 
note under section 9621 of this title] or in any other provision of 
titles I, II, III, and IV of this Act [see Tables for classification], 
the amendments made by titles I through IV of this Act [enacting 
subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9660, 
and 9661 of this title and sections 2701 to 2707 and 2810 of Title 10, 
Armed Forces, amending sections 6926, 6928, 6991 to 6991d, 6991g, 9601 
to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title and 
section 1416 of Title 33, Navigation and Navigable Waters, and 
renumbering former section 2701 of Title 10 as section 2721 of Title 10] 
shall take effect on the enactment of this Act [Oct. 17, 1986].''
    Amendment by section 517(c)(2) of Pub. L. 99-499 effective Jan. 1, 
1987, see section 517(e) of Pub. L. 99-499, set out as an Effective Date 
note under section 9507 of Title 26, Internal Revenue Code.


                    Effective Date of 1980 Amendment

    Section 238(b) of Pub. L. 96-561 provided that the amendment made by 
that section is effective 15 days after Dec. 22, 1980.


                      Short Title of 1996 Amendment

    Section 2501 of div. A of Pub. L. 104-208 provided that: ``This 
subtitle [subtitle E (Secs. 2501-2505) of title II of div. A of Pub. L. 
104-208, amending this section and sections 6991b and 9607 of this title 
and enacting provisions set out as a note under section 6991b of this 
title] may be cited as the `Asset Conservation, Lender Liability, and 
Deposit Insurance Protection Act of 1996'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-426, Sec. 1, Oct. 19, 1992, 106 Stat. 2174, provided 
that: ``This Act [amending section 9620 of this title and enacting 
provisions set out as a note under section 9620 of this title] may be 
cited as the `Community Environmental Response Facilitation Act'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-499 provided that: ``This Act [enacting 
subchapter IV of this chapter and sections 9616 to 9626, 9658 to 9662, 
11001 to 11005, 11021 to 11023, and 11041 to 11050 of this title, 
sections 2701 to 2707 and 2810 of Title 10, Armed Forces, and sections 
59A, 4671, 4672, 9507, and 9508 of Title 26, Internal Revenue Code, 
amending this section, sections 6926, 6928, 6991 to 6991d, 6991g, 9602 
to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title, 
sections 26, 164, 275, 936, 1561, 4041, 4042, 4081, 4221, 4611, 4612, 
4661, 4662, 6154, 6416, 6420, 6421, 6425, 6427, 6655, 9502, 9503, and 
9506 of Title 26, and section 1416 of Title 33, Navigation and Navigable 
Waters, renumbering former section 2701 of Title 10 as section 2721 of 
Title 10, repealing sections 9631 to 9633, 9641, and 9653 of this title 
and sections 4681 and 4682 of Title 26, and enacting provisions set out 
as notes under this section, sections 6921, 6991b, 7401, 9620, 9621, 
9658, 9660, 9661, and 11001 of this title, section 2703 of Title 10, 
sections 1, 26, 4041, 4611, 4661, 4671, 4681, 9507, and 9508 of Title 
26, and section 655 of Title 29, Labor] may be cited as the `Superfund 
Amendments and Reauthorization Act of 1986'.''


                               Short Title

    Section 1 of Pub. L. 96-510 provided: ``That this Act [enacting this 
chapter, section 6911a of this title, and sections 4611, 4612, 4661, 
4662, 4681, and 4682 of Title 26, Internal Revenue Code, amending 
section 6911 of this title, section 1364 of Title 33, Navigation and 
Navigable Waters, and section 11901 of Title 49, Transportation, and 
enacting provisions set out as notes under section 6911 of this title 
and sections 1 and 4611 of Title 26] may be cited as the `Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980'.''

                          Transfer of Functions

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

                    Territorial Sea of United States

    For extension of territorial sea of United States, see Proc. No. 
5928, set out as a note under section 1331 of Title 43, Public Lands.

                    Contiguous Zone of United States

    For extension of contiguous zone of United States, see Proc. No. 
7219, Sept. 2, 1999, 64 F.R. 48701, set out as a note under section 1331 
of Title 43, Public Lands.


                               Definitions

    Section 2 of Pub. L. 99-499 provided that: ``As used in this Act 
[see Short Title of 1986 Amendment note above]--
        ``(1) CERCLA.--The term `CERCLA' means the Comprehensive 
    Environmental Response, Compensation, and Liability Act of 1980 (42 
    U.S.C. 9601 et seq.).
        ``(2) Administrator.--The term `Administrator' means the 
    Administrator of the Environmental Protection Agency.''

                  Section Referred to in Other Sections

    This section is referred to in sections 300g-1, 6991, 6991b, 7274q, 
9602, 9603, 9607, 9613, 9624, 9656, 11004 of this title; title 7 section 
1985; title 10 sections 2692, 2701, 2707, 2708, 2810; title 14 section 
690; title 16 section 460lll; title 26 section 198; title 33 section 
2701.
