1625-0096 Stat/Authority

§ 9601

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

SUBCHAPTER II—HAZARDOUS SUBSTANCE
RESPONSE REVENUE
PART A—HAZARDOUS SUBSTANCE RESPONSE TRUST
FUND
9631 to 9633. Repealed.
PART B—POST-CLOSURE LIABILITY TRUST FUND
9641.

Repealed.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS
9651.
9652.
9653.
9654.
9655.
9656.

9657.
9658.
9659.
9660.
9660a.
9661.
9662.

Reports and studies.
Effective dates; savings provisions.
Repealed.
Applicability of Federal water pollution control funding, etc., provisions.
Legislative veto of rule or regulation.
Transportation of hazardous substances; listing as hazardous material; liability for release.
Separability; contribution.
Actions under State law for damages from exposure to hazardous substances.
Citizens suits.
Research, development, and demonstration.
Grant program.
Love Canal property acquisition.
Limitation on contract and borrowing authority.

SUBCHAPTER IV—POLLUTION INSURANCE
9671.
9672.
9673.
9674.
9675.

Definitions.
State laws; scope of subchapter.
Risk retention groups.
Purchasing groups.
Applicability of securities laws.

SUBCHAPTER I—HAZARDOUS SUBSTANCES
RELEASES, LIABILITY, COMPENSATION
§ 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

Page 7082

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 402 of the Federal Water
Pollution Control Act [33 U.S.C. 1342], (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 402 of the Federal
Water Pollution Control Act 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 402 of the Federal Water
Pollution Control Act, 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 404 of the Federal
Water Pollution Control Act [33 U.S.C. 1344],
(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
1 So

in original. Probably should be ‘‘or’’.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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
307(b) or (c) of the Clean Water Act [33 U.S.C.
1317(b), (c)] and enforceable requirements in a
pretreatment program submitted by a State or
municipality for Federal approval under section 402 of such Act [33 U.S.C. 1342], 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.
(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 311(b)(2)(A) of the Federal Water Pollution Control Act [33 U.S.C. 1321(b)(2)(A)], (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
307(a) of the Federal Water Pollution Control
Act [33 U.S.C. 1317(a)], (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 7 of the
Toxic Substances Control Act [15 U.S.C. 2606].
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

§ 9601

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

§ 9601

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 through
seizure or otherwise in connection with law
enforcement activity, or through bankruptcy,
tax delinquency, abandonment, or other circumstances in which the government 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 CERTAIN ALASKA NATIVE
VILLAGES AND NATIVE CORPORATIONS.—
(i) IN GENERAL.—The term ‘‘owner or operator’’ does not include, with respect to a facility conveyed to a Native village or Native
Corporation (as those terms are defined in
section 3 of the Alaska Native Claims Settlement Act [43 U.S.C. 1602]) under the Alaska
Native Claims Settlement Act [43 U.S.C. 1601
et seq.]—
(I) the Native village or Native Corporation that received the facility from the
United States Government; or
(II) a successor in interest to which the
facility was conveyed under section 14(c)
of such Act [43 U.S.C. 1613(c)].
(ii) LIMITATION.—The exclusion provided
under this subparagraph shall not apply to
any entity described in clause (i) that causes
or contributes to a release or threatened release of a hazardous substance from the facility conveyed as described in such clause.
(F) 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

Page 7084

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.
(G) PARTICIPATION IN MANAGEMENT.—For purposes of subparagraph (F)—
(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-today 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;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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)).
(H) 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) or with regulations issued by the National Credit Union Administration Board, as appropriate.
(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.

§ 9601

(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 require-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ments 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 2 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.].
(24) The terms ‘‘remedy’’ or ‘‘remedial action’’ means 2 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 2 remove, removal, remedy, and remedial action;,3 all such terms (including the
terms ‘‘removal’’ and ‘‘remedial action’’) include enforcement activities related thereto.
(26) The terms ‘‘transport’’ or ‘‘transportation’’ means 2 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 502 of the Federal Water Pollution
Control Act [33 U.S.C. 1362].
(31) The term ‘‘national contingency plan’’
means the national contingency plan published under section 311(c) 4 of the Federal
Water Pollution Control Act or revised pursuant to section 9605 of this title.
(32) The terms ‘‘liable’’ or ‘‘liability’’ under
this subchapter shall be construed to be the
standard of liability which obtains under section 311 of the Federal Water Pollution Control Act [33 U.S.C. 1321].
(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
3 So

2 So

in original. Probably should be ‘‘mean’’.

Page 7086

in original.
References in Text note below.

4 See

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, easements, leases, 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 the defendant
has satisfied the requirements of section
9607(b)(3)(a) and (b) of this title, provides full
cooperation, assistance, and facility access to
the persons that are authorized to conduct response actions at the facility (including the
cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility), is in compliance with any
land use restrictions established or relied on
in connection with the response action at a facility, and does not impede the effectiveness
or integrity of any institutional control employed at the facility in connection with a response action.
(B) REASON TO KNOW.—
(i) ALL APPROPRIATE INQUIRIES.—To establish that the defendant had no reason to
know of the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that—
(I) on or before the date on which the defendant acquired the facility, the defendant carried out all appropriate inquiries,
as provided in clauses (ii) and (iv), into the
previous ownership and uses of the facility
in accordance with generally accepted
good commercial and customary standards
and practices; and
(II) the defendant took reasonable steps
to—
(aa) stop any continuing release;

§ 9601

(bb) prevent any threatened future release; and
(cc) prevent or limit any human, environmental, or natural resource exposure
to any previously released hazardous
substance.
(ii) STANDARDS AND PRACTICES.—Not later
than 2 years after January 11, 2002, the Administrator shall by regulation establish
standards and practices for the purpose of
satisfying the requirement to carry out all
appropriate inquiries under clause (i).
(iii) CRITERIA.—In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following:
(I) The results of an inquiry by an environmental professional.
(II) Interviews with past and present
owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility.
(III) Reviews of historical sources, such
as chain of title documents, aerial photographs, building department records, and
land use records, to determine previous
uses and occupancies of the real property
since the property was first developed.
(IV) Searches for recorded environmental cleanup liens against the facility
that are filed under Federal, State, or
local law.
(V) Reviews of Federal, State, and local
government
records,
waste
disposal
records, underground storage tank records,
and hazardous waste handling, generation,
treatment, disposal, and spill records, concerning contamination at or near the facility.
(VI) Visual inspections of the facility
and of adjoining properties.
(VII) Specialized knowledge or experience on the part of the defendant.
(VIII) The relationship of the purchase
price to the value of the property, if the
property was not contaminated.
(IX) Commonly known or reasonably ascertainable information about the property.
(X) The degree of obviousness of the
presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation.
(iv) INTERIM STANDARDS AND PRACTICES.—
(I) PROPERTY PURCHASED BEFORE MAY 31,
1997.—With respect to property purchased
before May 31, 1997, in making a determination with respect to a defendant described in clause (i), a court shall take
into account—
(aa) any specialized knowledge or experience on the part of the defendant;
(bb) the relationship of the purchase
price to the value of the property, if the
property was not contaminated;
(cc) commonly known or reasonably
ascertainable information about the
property;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE
(dd) the obviousness of the presence or
likely presence of contamination at the
property; and
(ee) the ability of the defendant to detect the contamination by appropriate
inspection.
(II) PROPERTY PURCHASED ON OR AFTER
MAY 31, 1997.—With respect to property purchased on or after May 31, 1997, and until
the Administrator promulgates the regulations described in clause (ii), the procedures of the American Society for Testing
and Materials, including the document
known as ‘‘Standard E1527–97’’, entitled
‘‘Standard Practice for Environmental
Site Assessment: Phase 1 Environmental
Site Assessment Process’’, shall satisfy the
requirements in clause (i).

(v) SITE INSPECTION AND TITLE SEARCH.—In
the case of property for residential use or
other similar use purchased by a nongovernmental or noncommercial entity, a facility
inspection and title search that reveal no
basis for further investigation shall be considered to satisfy the requirements of this
subparagraph.
(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 vehi-

Page 7088

cle 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.
(39) BROWNFIELD SITE.—
(A) IN GENERAL.—The term ‘‘brownfield
site’’ means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or
contaminant.
(B) EXCLUSIONS.—The term ‘‘brownfield
site’’ does not include—
(i) a facility that is the subject of a
planned or ongoing removal action under
this subchapter;
(ii) a facility that is listed on the National Priorities List or is proposed for
listing;
(iii) a facility that is the subject of a
unilateral administrative order, a court
order, an administrative order on consent
or judicial consent decree that has been issued to or entered into by the parties
under this chapter;
(iv) a facility that is the subject of a unilateral administrative order, a court order,
an administrative order on consent or judicial consent decree that has been issued
to or entered into by the parties, or a facility to which a permit has been issued by
the United States or an authorized State
under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321) [33
U.S.C. § 1251 et seq.], the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), or the
Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(v) a facility that—
(I) is subject to corrective action under
section 3004(u) or 3008(h) of the Solid
Waste Disposal Act (42 U.S.C. 6924(u),
6928(h)); and
(II) to which a corrective action permit
or order has been issued or modified to
require the implementation of corrective
measures;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(vi) a land disposal unit with respect to
which—
(I) a closure notification under subtitle
C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) has been submitted;
and
(II) closure requirements have been
specified in a closure plan or permit;
(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the
United States, except for land held in trust
by the United States for an Indian tribe;
(viii) a portion of a facility—
(I) at which there has been a release of
polychlorinated biphenyls; and
(II) that is subject to remediation
under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.); or
(ix) a portion of a facility, for which portion, assistance for response activity has
been obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et seq.)
from the Leaking Underground Storage
Tank Trust Fund established under section
9508 of title 26.
(C) SITE-BY-SITE DETERMINATIONS.—Notwithstanding subparagraph (B) and on a siteby-site basis, the President may authorize
financial assistance under section 9604(k) of
this title to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or
(ix) of subparagraph (B) if the President
finds that financial assistance will protect
human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other
property used for nonprofit purposes.
(D) ADDITIONAL AREAS.—For the purposes
of section 9604(k) of this title, the term
‘‘brownfield site’’ includes a site that—
(i) meets the definition of ‘‘brownfield
site’’ under subparagraphs (A) through (C);
and
(ii)(I) is contaminated by a controlled
substance (as defined in section 802 of title
21);
(II)(aa) is contaminated by petroleum or
a petroleum product excluded from the
definition of ‘‘hazardous substance’’ under
this section; and
(bb) is a site for which there is no viable
responsible party and that is determined
by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a
person that is not potentially liable for
cleaning up the site under this chapter or
any other law pertaining to the cleanup of
petroleum products; and
(cc) is not subject to any order issued
under section 9003(h) of the Solid Waste
Disposal Act (42 U.S.C. 6991b(h)); or
(III) is mine-scarred land.
(40) BONA FIDE PROSPECTIVE PURCHASER.—
(A) IN GENERAL.—The term ‘‘bona fide prospective purchaser’’ means, with respect to a
facility—

§ 9601

(i) a person who—
(I) acquires ownership of the facility
after January 11, 2002; and
(II) establishes by a preponderance of
the evidence each of the criteria described in clauses (i) through (viii) of
subparagraph (B); and
(ii) a person—
(I) who acquires a leasehold interest in
the facility after January 11, 2002;
(II) who establishes by a preponderance
of the evidence that the leasehold interest is not designed to avoid liability
under this chapter by any person; and
(III) with respect to whom any of the
following conditions apply:
(aa) The owner of the facility that is
subject to the leasehold interest is a
person described in clause (i).
(bb)(AA) The owner of the facility
that is subject to the leasehold interest was a person described in clause (i)
at the time the leasehold interest was
acquired, but can no longer establish
by a preponderance of the evidence
each of the criteria described in
clauses (i) through (viii) of subparagraph (B) due to circumstances unrelated to any action of the person who
holds the leasehold interest; and
(BB) the person who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses (i), (iii), (iv),
(v), (vi), (vii), and (viii) of subparagraph (B).
(cc) The person who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses (i) through
(viii) of subparagraph (B).
(B) CRITERIA.—The criteria described in
this subparagraph are as follows:
(i) DISPOSAL PRIOR TO ACQUISITION.—All
disposal of hazardous substances at the facility occurred before the person acquired
the facility.
(ii) INQUIRIES.—
(I) IN GENERAL.—The person made all
appropriate inquiries into the previous
ownership and uses of the facility in accordance with generally accepted good
commercial and customary standards
and practices in accordance with subclauses (II) and (III).
(II) STANDARDS AND PRACTICES.—The
standards and practices referred to in
clauses (ii) and (iv) of paragraph (35)(B)
shall be considered to satisfy the requirements of this clause.
(III) RESIDENTIAL USE.—In the case of
property in residential or other similar
use at the time of purchase by a nongovernmental or noncommercial entity,
a facility inspection and title search
that reveal no basis for further investigation shall be considered to satisfy
the requirements of this clause.
(iii) NOTICES.—The person provides all legally required notices with respect to the

§ 9601

TITLE 42—THE PUBLIC HEALTH AND WELFARE
discovery or release of any hazardous substances at the facility.
(iv) CARE.—The person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to—
(I) stop any continuing release;
(II) prevent any threatened future release; and
(III) prevent or limit human, environmental, or natural resource exposure to
any previously released hazardous substance.
(v) COOPERATION, ASSISTANCE, AND ACCESS.—The person provides full cooperation, assistance, and access to persons that
are authorized to conduct response actions
or natural resource restoration at a vessel
or facility (including the cooperation and
access necessary for the installation, integrity, operation, and maintenance of any
complete or partial response actions or
natural resource restoration at the vessel
or facility).
(vi) INSTITUTIONAL CONTROL.—The person—
(I) is in compliance with any land use
restrictions established or relied on in
connection with the response action at a
vessel or facility; and
(II) does not impede the effectiveness
or integrity of any institutional control
employed at the vessel or facility in connection with a response action.
(vii) REQUESTS; SUBPOENAS.—The person
complies with any request for information
or administrative subpoena issued by the
President under this chapter.
(viii) NO AFFILIATION.—The person is
not—
(I) potentially liable, or affiliated with
any other person that is potentially liable, for response costs at a facility
through—
(aa) any direct or indirect familial
relationship; or
(bb) any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the facility is
conveyed or financed, by a tenancy, by
the instruments by which a leasehold
interest in the facility is created, or by
a contract for the sale of goods or services); or

Page 7090

assistance for response activity has been
obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et seq.)
from the Leaking Underground Storage
Tank Trust Fund established under section
9508 of title 26; or
(ii) a site for which, notwithstanding the
exclusions provided in subparagraph (C) or
paragraph (39)(B), the President determines, on a site-by-site basis and after
consultation with the State, that limitations on enforcement under section 9628 of
this title at sites specified in clause (iv),
(v), (vi) or (viii) of paragraph (39)(B) would
be appropriate and will—
(I) protect human health and the environment; and
(II) promote economic development or
facilitate the creation of, preservation
of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes.
(C) EXCLUSIONS.—The term ‘‘eligible response site’’ does not include—
(i) a facility for which the President—
(I) conducts or has conducted a preliminary assessment or site inspection;
and
(II) after consultation with the State,
determines or has determined that the
site obtains a preliminary score sufficient for possible listing on the National
Priorities List, or that the site otherwise
qualifies for listing on the National Priorities List; unless the President has
made a determination that no further
Federal action will be taken; or
(ii) facilities that the President determines warrant particular consideration as
identified by regulation, such as sites posing a threat to a sole-source drinking
water aquifer or a sensitive ecosystem.

(II) the result of a reorganization of a
business entity that was potentially liable.

(Pub. L. 96–510, title I, § 101, Dec. 11, 1980, 94 Stat.
2767; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980,
94 Stat. 3300; Pub. L. 99–499, title I, §§ 101, 114(b),
127(a), title V, § 517(c)(2), Oct. 17, 1986, 100 Stat.
1615, 1652, 1692, 1774; Pub. L. 100–707, title I,
§ 109(v), Nov. 23, 1988, 102 Stat. 4710; Pub. L.
103–429, § 7(e)(1), Oct. 31, 1994, 108 Stat. 4390; Pub.
L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], title II, § 2502(b), Sept. 30, 1996, 110 Stat.
3009, 3009–41, 3009–464; Pub. L. 104–287, § 6(j)(1),
Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106–74, title
IV, § 427, Oct. 20, 1999, 113 Stat. 1095; Pub. L.
107–118, title II, §§ 211(a), 222(a), 223, 231(a), Jan.
11, 2002, 115 Stat. 2360, 2370, 2372, 2375; Pub. L.
115–141, div. N, §§ 2–5(a), Mar. 23, 2018, 132 Stat.
1052, 1053.)

(41) ELIGIBLE RESPONSE SITE.—
(A) IN GENERAL.—The term ‘‘eligible response site’’ means a site that meets the definition of a brownfield site in subparagraphs
(A) and (B) of paragraph (39), as modified by
subparagraphs (B) and (C) of this paragraph.
(B) INCLUSIONS.—The term ‘‘eligible response site’’ includes—
(i) notwithstanding paragraph (39)(B)(ix),
a portion of a facility, for which portion

This chapter, referred to in pars. (5), (13), (20)(D), (G),
(35)(C), (D), (39)(B)(iii), (D)(ii)(II)(bb), and (40)(A)(ii)(II),
(B)(vii), 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),
(10), and (39)(B)(iv), is title XIV of act July 1, 1944, as

REFERENCES IN TEXT

Page 7091

TITLE 42—THE PUBLIC HEALTH AND WELFARE

added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660,
as amended, which is classified generally to subchapter
XII (§ 300f et seq.) of chapter 6A of this title. Part C of
the Safe Drinking Water Act is classified generally to
part C (§ 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 (§ 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, § 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 (§ 1857 et seq.) of this
title. On enactment of Pub. L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of this title. Parts C
and D of title I of the Clean Air Act are classified generally to parts C (§ 7470 et seq.) and D (§ 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, § 1, 68 Stat. 919, which is classified
principally to chapter 23 (§ 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 pars.
(14), (39)(B)(iv), (vi)(I), (ix), and (41)(B)(i), is title II of
Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat.
2795, which is classified generally to chapter 82 (§ 6901 et
seq.) of this title. Subtitles C and I of the Act are classified generally to subchapters III (§ 6921 et seq.) and IX
(§ 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.
The Alaska Native Claims Settlement Act, referred
to in par. (20)(E), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, which is classified generally to chapter 33 (§ 1601 et
seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set
out under section 1601 of Title 43 and Tables.
The Farm Credit Act of 1971, referred to in par.
(20)(H)(iv)(III), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat.
583, as amended, which is classified generally to chapter 23 (§ 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 (§ 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.
The Federal Water Pollution Control Act, referred to
in pars. (31) and (39)(B)(iv), is act June 30, 1948, ch. 758,
as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972,
86 Stat. 816, also known as the Clean Water Act, which
is classified generally to chapter 26 (§ 1251 et seq.) of
Title 33, Navigation and Navigable Waters. Section

§ 9601

311(c) of the Act was amended generally by Pub. L.
101–380, title IV, § 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. For
complete classification of this Act to the Code, see
Short Title note set out under section 1251 of Title 33
and Tables.
The Toxic Substances Control Act, referred to in par.
(39)(B)(iv), (viii)(II), is Pub. L. 94–469, Oct. 11, 1976, 90
Stat. 2003, as amended, which is classified generally to
chapter 53 (§ 2601 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 2601 of
Title 15 and Tables.
AMENDMENTS
2018—Par. (20)(D). Pub. L. 115–141, § 2, substituted
‘‘ownership or control through seizure or otherwise in
connection with law enforcement activity, or through
bankruptcy, tax delinquency, abandonment, or other
circumstances in which the government acquires title
by virtue’’ for ‘‘ownership or control involuntarily
through bankruptcy, tax delinquency, abandonment, or
other circumstances in which the government involuntarily acquires title by virtue’’.
Par. (20)(E), (F). Pub. L. 115–141, § 3(1), (2), added subpar. (E) and redesignated former subpar. (E) as (F).
Former subpar. (F) redesignated (G).
Par. (20)(G). Pub. L. 115–141, § 3(1), (3), redesignated
subpar. (F) as (G) and substituted ‘‘subparagraph (F)’’
for ‘‘subparagraph (E)’’ in introductory provisions.
Former subpar. (G) redesignated (H).
Par. (20)(H). Pub. L. 115–141, § 3(1), (4), redesignated
subpar. (G) as (H) and substituted ‘‘of title 12) or’’ for
‘‘of title 12 or’’ in cl. (i)(II).
Par. (39)(D)(ii)(II)(bb). Pub. L. 115–141, § 4, amended
item (bb) generally. Prior to amendment, item (bb)
read as follows: ‘‘is a site determined by the Administrator or the State, as appropriate, to be—
‘‘(AA) of relatively low risk, as compared with
other petroleum-only sites in the State; and
‘‘(BB) a site for which there is no viable responsible
party and which will be assessed, investigated, or
cleaned up by a person that is not potentially liable
for cleaning up the site; and’’.
Par. (40). Pub. L. 115–141, § 5(a), made numerous
amendments to structure of par. (40), resulting in substitution of subpar. (A) for former introductory provisions, insertion of subpar. (B) designation, heading, and
introductory provisions, redesignation of former subpars. (A) to (H) as cls. (i) to (viii), respectively, of subpar. (B), redesignation of cls. and subcls. within former
subpars. (A) to (H) as subcls. and items, respectively,
within cls. (i) to (viii), and realignment of margins.
Par. (40)(B). Pub. L. 115–141, § 5(a)(1)(B)–(D), just prior
to redesignation of subpar. (B) as cl. (ii) of subpar. (B),
substituted ‘‘subclauses (II) and (III)’’ for ‘‘clauses (ii)
and (iii)’’ in subcl. (I) and ‘‘clause’’ for ‘‘subparagraph’’
in subcls. (II) and (III).
Par. (40)(H)(i)(II). Pub. L. 115–141, § 5(a)(4)(A)(i), just
prior to redesignation of subpar. (H)(i)(II) as cl.
(viii)(I)(bb) of subpar. (B), inserted ‘‘, by a tenancy, by
the instruments by which a leasehold interest in the facility is created,’’ after ‘‘financed’’.
2002—Par. (35)(A). Pub. L. 107–118, § 223(1), in introductory provisions substituted ‘‘deeds, easements, leases,
or’’ for ‘‘deeds or’’ and in concluding provisions substituted ‘‘the defendant has satisfied’’ for ‘‘he has satisfied’’ and inserted before period at end ‘‘, provides
full cooperation, assistance, and facility access to the
persons that are authorized to conduct response actions
at the facility (including the cooperation and access
necessary for the installation, integrity, operation, and
maintenance of any complete or partial response action
at the facility), is in compliance with any land use restrictions established or relied on in connection with
the response action at a facility, and does not impede
the effectiveness or integrity of any institutional control employed at the facility in connection with a response action’’.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Par. (35)(B). Pub. L. 107–118, § 223(2), added subpar. (B)
and struck out former subpar. (B) which read as follows: ‘‘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.’’
Par. (39). Pub. L. 107–118, § 211(a), added par. (39).
Par. (40). Pub. L. 107–118, § 222(a), added par. (40).
Par. (41). Pub. L. 107–118, § 231(a), added par. (41).
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, § 101(a) [title II,
§ 211(b)], substituted ‘‘Magnuson-Stevens Fishery’’ for
‘‘Magnuson Fishery’’.
Par. (20)(E) to (G). Pub. L. 104–208, § 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, § 101(f), struck out ‘‘, the term’’
after ‘‘subchapter’’ in introductory text.
Pars. (1) to (10). Pub. L. 99–499, § 101(f), inserted ‘‘The
term’’ and substituted a period for the semicolon at
end.
Par. (11). Pub. L. 99–499, § 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, § 101(f), inserted ‘‘The term’’ and substituted a period for the semicolon at end.
Pars. (12) to (15). Pub. L. 99–499, § 101(f), inserted ‘‘The
term’’ and substituted a period for the semicolon at
end.
Par. (16). Pub. L. 99–499, § 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, § 101(f), inserted ‘‘The
term’’ and substituted a period for the semicolon at
end.
Par. (20)(A). Pub. L. 99–499, § 101(f), inserted ‘‘The
term’’.
Pub. L. 99–499, § 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, § 101(b)(3), in provisions following
subcl. (iii), substituted a period for the semicolon at
end.
Par. (20)(B), (C). Pub. L. 99–499, § 101(b)(3), substituted
‘‘In the case’’ for ‘‘in the case’’ and a period for the
semicolon at end.

Page 7092

Par. (20)(D). Pub. L. 99–499, § 101(b)(1), (f), added subpar. (D). The part of § 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 § 101(b)(1) of
Pub. L. 99–499 which added subpar. (D) ending in a period.
Par. (21). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’
and substituted a period for the semicolon at end.
Par. (22). Pub. L. 99–499, § 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, § 101(f), inserted ‘‘The terms’’
and substituted a period for the semicolon at end.
Par. (24). Pub. L. 99–499, § 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 § 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 § 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, § 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 § 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 § 101(e)
of Pub. L. 99–499 inserting language and a period at end
of par. (25).
Pars. (26), (27). Pub. L. 99–499, § 101(f), inserted ‘‘The
terms’’ and substituted a period for the semicolon at
end.
Par. (28). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’
and substituted a period for the semicolon at end.
Par. (29). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’
and substituted a period for the semicolon at end.
Par. (30). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’.
Par. (31). Pub. L. 99–499, § 101(f), inserted ‘‘The term’’
and substituted a period for ‘‘; and’’.
Par. (32). Pub. L. 99–499, § 101(f), inserted ‘‘The terms’’.
Pars. (33) to (36). Pub. L. 99–499, § 101(f), added pars.
(33) to (36).
Par. (37). Pub. L. 99–499, § 114(b), added par. (37).
Par. (38). Pub. L. 99–499, § 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
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, 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.

Page 7093

TITLE 42—THE PUBLIC HEALTH AND WELFARE

EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–499, § 4, Oct. 17, 1986, 100 Stat. 1614, 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.

§ 9602

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’.’’

EFFECTIVE DATE OF 1980 AMENDMENT

SHORT TITLE

Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat.
3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

Pub. L. 96–510, § 1, Dec. 11, 1980, 94 Stat. 2767, 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’.’’

SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–141, div. N, § 1, Mar. 23, 2018, 132 Stat. 1052,
provided that: ‘‘This division [amending this section
and sections 9604, 9607, and 9628 of this title] may be
cited as the ‘Brownfields Utilization, Investment, and
Local Development Act of 2018’ or the ‘BUILD Act’.’’
Pub. L. 115–141, div. S, title XI, § 1101, Mar. 23, 2018, 132
Stat. 1147, provided that: ‘‘This title [amending section
9603 of this title and enacting provisions set out as a
note under section 9603 of this title] may be cited as the
‘Fair Agricultural Reporting Method Act’ or the
‘FARM Act’.’’
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107–118, § 1, Jan. 11, 2002, 115 Stat. 2356, provided that: ‘‘This Act [enacting section 9628 of this
title, amending this section and sections 9604, 9605, 9607,
and 9622 of this title, and enacting provisions set out as
notes under this section and section 9607 of this title]
may be cited as the ‘Small Business Liability Relief
and Brownfields Revitalization Act’.’’
Pub. L. 107–118, title I, § 101, Jan. 11, 2002, 115 Stat.
2356, provided that: ‘‘This title [amending sections 9607
and 9622 of this title and enacting provisions set out as
a note under section 9607 of this title] may be cited as
the ‘Small Business Liability Protection Act’.’’
Pub. L. 107–118, title II, § 201, Jan. 11, 2002, 115 Stat.
2360, provided that: ‘‘This title [enacting section 9628 of
this title and amending this section and sections 9604,
9605, and 9607 of this title] may be cited as the
‘Brownfields Revitalization and Environmental Restoration Act of 2001’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title II, § 2501, Sept. 30, 1996, 110
Stat. 3009–462, provided that: ‘‘This subtitle [subtitle E
(§§ 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, § 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
Pub. L. 99–499, § 1, Oct. 17, 1986, 100 Stat. 1613, provided
that: ‘‘This Act [enacting subchapter IV of this chapter

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 AND CONTIGUOUS ZONE OF UNITED
STATES
For extension of territorial sea and contiguous zone
of United States, see Proc. No. 5928 and Proc. No. 7219,
respectively, set out as notes under section 1331 of Title
43, Public Lands.
DEFINITIONS
Pub. L. 99–499, § 2, Oct. 17, 1986, 100 Stat. 1614, 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.’’

§ 9602. Designation of additional hazardous substances and establishment of reportable released quantities; regulations
(a) The Administrator shall promulgate and
revise as may be appropriate, regulations designating as hazardous substances, in addition to
those referred to in section 9601(14) of this title,
such elements, compounds, mixtures, solutions,
and substances which, when released into the
environment may present substantial danger to
the public health or welfare or the environment,
and shall promulgate regulations establishing
that quantity of any hazardous substance the release of which shall be reported pursuant to section 9603 of this title. The Administrator may
determine that one single quantity shall be the
reportable quantity for any hazardous substance, regardless of the medium into which the