
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9614]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9614. Relationship to other law


(a) Additional State liability or requirements with respect to release 
        of substances within State

    Nothing in this chapter shall be construed or interpreted as 
preempting any State from imposing any additional liability or 
requirements with respect to the release of hazardous substances within 
such State.

(b) Recovery under other State or Federal law of compensation for 
        removal costs or damages, or payment of claims

    Any person who receives compensation for removal costs or damages or 
claims pursuant to this chapter shall be precluded from recovering 
compensation for the same removal costs or damages or claims pursuant to 
any other State or Federal law. Any person who receives compensation for 
removal costs or damages or claims pursuant to any other Federal or 
State law shall be precluded from receiving compensation for the same 
removal costs or damages or claims as provided in this chapter.

(c) Recycled oil

                  (1) Service station dealers, etc.

        No person (including the United States or any State) may 
    recover, under the authority of subsection (a)(3) or (a)(4) of 
    section 9607 of this title, from a service station dealer for any 
    response costs or damages resulting from a release or threatened 
    release of recycled oil, or use the authority of section 9606 of 
    this title against a service station dealer other than a person 
    described in subsection (a)(1) or (a)(2) of section 9607 of this 
    title, if such recycled oil--
            (A) is not mixed with any other hazardous substance, and
            (B) is stored, treated, transported, or otherwise managed in 
        compliance with regulations or standards promulgated pursuant to 
        section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935] 
        and other applicable authorities.

    Nothing in this paragraph shall affect or modify in any way the 
    obligations or liability of any person under any other provision of 
    State or Federal law, including common law, for damages, injury, or 
    loss resulting from a release or threatened release of any hazardous 
    substance or for removal or remedial action or the costs of removal 
    or remedial action.

                           (2) Presumption

        Solely for the purposes of this subsection, a service station 
    dealer may presume that a small quantity of used oil is not mixed 
    with other hazardous substances if it--
            (A) has been removed from the engine of a light duty motor 
        vehicle or household appliances by the owner of such vehicle or 
        appliances, and
            (B) is presented, by such owner, to the dealer for 
        collection, accumulation, and delivery to an oil recycling 
        facility.

                           (3) Definition

        For purposes of this subsection, the terms ``used oil'' and 
    ``recycled oil'' have the same meanings as set forth in sections 
    1004(36) and 1004(37) of the Solid Waste Disposal Act [42 U.S.C. 
    6903(36), (37)] and regulations promulgated pursuant to that Act [42 
    U.S.C. 6901 et seq.].

                         (4) Effective date

        The effective date of paragraphs (1) and (2) of this subsection 
    shall be the effective date of regulations or standards promulgated 
    under section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935] 
    that include, among other provisions, a requirement to conduct 
    corrective action to respond to any releases of recycled oil under 
    subtitle C or subtitle I of such Act [42 U.S.C. 6921 et seq., 6991 
    et seq.].

(d) Financial responsibility of owner or operator of vessel or facility 
        under State or local law, rule, or regulation

    Except as provided in this subchapter, no owner or operator of a 
vessel or facility who establishes and maintains evidence of financial 
responsibility in accordance with this subchapter shall be required 
under any State or local law, rule, or regulation to establish or 
maintain any other evidence of financial responsibility in connection 
with liability for the release of a hazardous substance from such vessel 
or facility. Evidence of compliance with the financial responsibility 
requirements of this subchapter shall be accepted by a State in lieu of 
any other requirement of financial responsibility imposed by such State 
in connection with liability for the release of a hazardous substance 
from such vessel or facility.

(Pub. L. 96-510, title I, Sec. 114, Dec. 11, 1980, 94 Stat. 2795; Pub. 
L. 99-499, title I, Sec. 114(a), Oct. 17, 1986, 100 Stat. 1652.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsec. (c)(3), (4), 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. 
Subtitles C and I of the Solid Waste Disposal Act are classified 
generally to subchapters III (Sec. 6921 et seq.) and IX (Sec. 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 
under section 6901 of this title and Tables.


                               Amendments

    1986--Subsec. (c). Pub. L. 99-499 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``Except as provided in 
this chapter, no person may be required to contribute to any fund, the 
purpose of which is to pay compensation for claims for any costs of 
response or damages or claims which may be compensated under this 
subchapter. Nothing in this section shall preclude any State from using 
general revenues for such a fund, or from imposing a tax or fee upon any 
person or upon any substance in order to finance the purchase or 
prepositioning of hazardous substance response equipment or other 
preparations for the response to a release of hazardous substances which 
affects such State.''

                  Section Referred to in Other Sections

    This section is referred to in sections 9601, 9607 of this title.
