
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: 42USC9671]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
                   SUBCHAPTER IV--POLLUTION INSURANCE
 
Sec. 9671. Definitions

    As used in this subchapter--

                            (1) Insurance

        The term ``insurance'' means primary insurance, excess 
    insurance, reinsurance, surplus lines insurance, and any other 
    arrangement for shifting and distributing risk which is determined 
    to be insurance under applicable State or Federal law.

                       (2) Pollution liability

        The term ``pollution liability'' means liability for injuries 
    arising from the release of hazardous substances or pollutants or 
    contaminants.

                      (3) Risk retention group

        The term ``risk retention group'' means any corporation or other 
    limited liability association taxable as a corporation, or as an 
    insurance company, formed under the laws of any State--
            (A) whose primary activity consists of assuming and 
        spreading all, or any portion, of the pollution liability of its 
        group members;
            (B) which is organized for the primary purpose of conducting 
        the activity described under subparagraph (A);
            (C) which is chartered or licensed as an insurance company 
        and authorized to engage in the business of insurance under the 
        laws of any State; and
            (D) which does not exclude any person from membership in the 
        group solely to provide for members of such a group a 
        competitive advantage over such a person.

                        (4) Purchasing group

        The term ``purchasing group'' means any group of persons which 
    has as one of its purposes the purchase of pollution liability 
    insurance on a group basis.

                              (5) State

        The term ``State'' means any State of the United States, the 
    District of Columbia, the Commonwealth of Puerto Rico, Guam, 
    American Samoa, the Virgin Islands, the Commonwealth of the Northern 
    Marianas, and any other territory or possession over which the 
    United States has jurisdiction.

(Pub. L. 96-510, title IV, Sec. 401, as added Pub. L. 99-499, title II, 
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716; 
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986, 
100 Stat. 3177.)


  State Powers and Authorities Under Risk Retention Amendments of 1986

    Section 210(b) of Pub. L. 99-499, as added by Pub. L. 99-563, 
Sec. 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: ``For 
purposes of subsection (a) of this section [enacting this subchapter], 
the powers and authorities of States addressed by the Risk Retention 
Amendments of 1986 [Pub. L. 99-563, see Short Title of 1986 Amendment 
note set out under section 3901 of Title 15, Commerce and Trade] are in 
addition to those of this Act [see Short Title of 1986 Amendment note 
set out under section 9601 of this title].''
