
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9658]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 9658. Actions under State law for damages from exposure to 
        hazardous substances
        

(a) State statutes of limitations for hazardous substance cases

                   (1) Exception to State statutes

        In the case of any action brought under State law for personal 
    injury, or property damages, which are caused or contributed to by 
    exposure to any hazardous substance, or pollutant or contaminant, 
    released into the environment from a facility, if the applicable 
    limitations period for such action (as specified in the State 
    statute of limitations or under common law) provides a commencement 
    date which is earlier than the federally required commencement date, 
    such period shall commence at the federally required commencement 
    date in lieu of the date specified in such State statute.

                 (2) State law generally applicable

        Except as provided in paragraph (1), the statute of limitations 
    established under State law shall apply in all actions brought under 
    State law for personal injury, or property damages, which are caused 
    or contributed to by exposure to any hazardous substance, or 
    pollutant or contaminant, released into the environment from a 
    facility.

                   (3) Actions under section 9607

        Nothing in this section shall apply with respect to any cause of 
    action brought under section 9607 of this title.

(b) Definitions

    As used in this section--

                       (1) Subchapter I terms

        The terms used in this section shall have the same meaning as 
    when used in subchapter I of this chapter.

                  (2) Applicable limitations period

        The term ``applicable limitations period'' means the period 
    specified in a statute of limitations during which a civil action 
    referred to in subsection (a)(1) of this section may be brought.

                        (3) Commencement date

        The term ``commencement date'' means the date specified in a 
    statute of limitations as the beginning of the applicable 
    limitations period.

              (4) Federally required commencement date

        (A) In general

            Except as provided in subparagraph (B), the term ``federally 
        required commencement date'' means the date the plaintiff knew 
        (or reasonably should have known) that the personal injury or 
        property damages referred to in subsection (a)(1) of this 
        section were caused or contributed to by the hazardous substance 
        or pollutant or contaminant concerned.

        (B) Special rules

            In the case of a minor or incompetent plaintiff, the term 
        ``federally required commencement date'' means the later of the 
        date referred to in subparagraph (A) or the following:
                (i) In the case of a minor, the date on which the minor 
            reaches the age of majority, as determined by State law, or 
            has a legal representative appointed.
                (ii) In the case of an incompetent individual, the date 
            on which such individual becomes competent or has had a 
            legal representative appointed.

(Pub. L. 96-510, title III, Sec. 309, as added Pub. L. 99-499, title II, 
Sec. 203(a), Oct. 17, 1986, 100 Stat. 1695.)


                             Effective Date

    Section 203(b) of Pub. L. 99-499 provided that: ``The amendment made 
by subsection (a) of this section [enacting this section] shall take 
effect with respect to actions brought after December 11, 1980.''

                  Section Referred to in Other Sections

    This section is referred to in section 9659 of this title.
