Chapter 103 - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION

CERCLA - Sec. 9601. Definitions
CERCLA - Sec. 9602. Designation of Additional Hazardous Substances and Establishment of Reportable Released Quantities; Regulations
CERCLA - Sec. 9603. Notification Requirements Respecting Released Substances

(a) Notice to National Response Center upon release from vessel or offshore or onshore facility by person in charge; conveyance of notice by Center.
(b) Penalties for failure to notify; use of notice or information pursuant to notice in criminal case.
(c) Notice to Administrator of EPA of existence of storage, etc., facility by owner or operator; exception; time, manner, and form of notice; penalties for failure to notify; use of notice or information pursuant to notice in criminal case.
(d) Recordkeeping requirements; promulgation of rules and regulations by Administrator of EPA; penalties for violations; waiver of retention requirements.
(e) Applicability to registered pesticide product.
(f) Exemptions from notice and penalty provisions for substances reported under other Federal law or is in continuous release, etc.

CERCLA - Sec. 9604. Response Authorities

(a) Removal and other remedial action by President; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception.
(b) Investigations, monitoring, coordination, etc., by President.
(c) Criteria for continuance of obligations from Fund over specified amount for response actions; consultation by President with affected States; contracts or cooperative agreements by States with President prior to remedial actions; cost-sharing agreements; selection by President of remedial actions; State credits: granting of credit, expenses before listing or agreement, response actions between 1978 and 1980, State expenses after December 11, 1980, in excess of 10 percent of costs, item-by-item approval, use of credits; operation and maintenance; limitation on source of funds for O&M; recontracting; siting.

(d) Contracts or cooperative agreements by President with States or political subdivisions or Indian tribes; State applications, terms and conditions; reimbursements; cost-sharing provisions; enforcement requirements and procedures.
(e) Information gathering and access.
(f) Contracts for response actions; compliance with Federal health and safety standards.
(g) Rates for wages and labor standards applicable to covered work.
(h) Emergency procurement powers; exercise by President.
(i) Agency for Toxic Substances and Disease Registry; establishment, functions, etc.
(j) Acquisition of property.

CERCLA - Sec. 9605. National Contingency Plan

(a) Revision and republication.
(b) Revision of plan.
(c) Hazard ranking system.
(d) Petition for assessment of release.
(e) Releases from earlier sites.
(f) Minority contractors.
(g) Special study wastes.

CERCLA - Sec. 9606. Abatement Actions

(a) Maintenance, jurisdiction, etc.
(b) Fines; reimbursement.
(c) Guidelines for using imminent hazard, enforcement, and emergency response authorities; promulgation by Administrator of EPA, scope, etc.

CERCLA - Sec. 9607. Liability

(a) Covered persons; scope; recoverable costs and damages; interest rate; ''comparable maturity'' date.
(b) Defenses.
(c) Determination of amounts.
(d) Rendering care or advice.
(e) Indemnification, hold harmless, etc., agreements or conveyances; subrogation rights.
(f) Natural resources liability; designation of public trustees of natural resources.
(g) Federal agencies.
(h) Owner or operator of vessel.
(i) Application of a registered pesticide product.
(j) Obligations or liability pursuant to federally permitted release.
(k) Transfer to, and assumption by, Post-Closure Liability Fund of liability of owner or operator of hazardous waste disposal facility in receipt of permit under applicable solid waste disposal law; time, criteria applicable, procedures, etc.; monitoring costs; reports.
(l) Federal lien.
(m) Maritime lien.
(n) Liability of fiduciaries.

CERCLA - Sec. 9608. Financial Responsibility

(a) Establishment and maintenance by owner or operator of vessel; amount; failure to obtain certification of compliance.
(b) Establishment and maintenance by owner or operator of production, etc., facilities; amount; adjustment; consolidated form of responsibility; coverage of motor carriers.
(c) Direct Action.
(d) Limitation of guarantor liability.

CERCLA - Sec. 9609. Civil Penalties and Awards

(a) Class I administrative penalty.
(b) Class II administrative penalty.
(c) Judicial assessment.
(d) Awards.
(e) Procurement procedures.
(f) Savings clause.

CERCLA - Sec. 9610. Employee Protection

(a) Activities of employee subject to protection.
(b) Administrative grievance procedure in cases of alleged violations.
(c) Assessment of costs and expenses against violator subsequent to issuance of order of abatement.
(d) Defenses.
(e) Presidential evaluations of potential loss of shifts of employment resulting from administration or enforcement of provisions; investigations; procedures applicable, etc.

CERCLA - Sec. 9611. Uses of Fund

(a) In general.
(b) Additional authorized purposes.
(c) Peripheral matters and limitations.
(d) Additional limitations.
(e) Funding requirements respecting moneys in Fund; limitation on certain claims; Fund use outside Federal property boundaries.
(f) Obligation of moneys by Federal officials; obligation of moneys or settlement of claims by State officials or Indian tribe.
(g) Notice to potential injured parties by owner and operator of vessel or facility causing release of substance; rules and regulations.
(h) Repealed.
(i) Restoration, etc., of natural resources.
(j) Use of Post-closure Liability Fund.
(k) Inspector General.
(l) Foreign claimants.
(m) Agency for Toxic Substances and Disease Registry.
(n) Limitations on research, development, and demonstration program.
(o) Notification procedures for limitations on certain payments.
(p) General revenue share of Superfund.

CERCLA - Sec. 9612. Claims Procedure

(a) Claims against Fund for response costs.
(b) Forms and procedures applicable.
(c) Subrogation rights; actions maintainable.
(d) Statute of limitations.
(e) Other statutory or common law claims not waived, etc.
(f) Double recovery prohibited.

CERCLA - Sec. 9613. Civil Proceedings

(a) Review of regulations in Circuit Court of Appeals of the United States for the District of Columbia.
(b) Jurisdiction; venue.
(c) Controversies or other matters resulting from tax collection or tax regulation review.
(d) Litigation commenced prior to December 11, 1980.
(e) Nationwide service of process.
(f) Contribution.
(g) Period in which action may be brought.
(h) Timing of review.
(i) Intervention.
(j) Judicial review.
(k) Administrative record and participation procedures.
(l) Notice of actions.

CERCLA - Sec. 9614. Relationship to Other Law

(a) Additional State liability or requirements with respect to release of substances within State.
(b) Recovery under other State or Federal law of compensation for removal costs or damages, or payment of claims.
(c) Recycled oil.
(d) Financial responsibility of owner or operator of vessel or facility under State or local law, rule, or regulation.

CERCLA - Sec. 9615. Presidential Delegation and Assignment of Duties or Powers and Promulgation of Regulations
CERCLA - Sec. 9616. Schedules

(a) Assessment and listing of facilities.
(b) Evaluation.
(c) Explanations.
(d) Commencement of RI/FS.
(e) Commencement of remedial action.

CERCLA - Sec. 9617. Public Participation

(a) Proposed plan.
(b) Final plan.
(c) Explanation of differences.
(d) Publication.
(e) Grants for technical assistance.

CERCLA - Sec. 9618. High Priority for Drinking Water Supplies
CERCLA - Sec. 9619. Response Action Contractors

(a) Liability of response action contractors.
(b) Savings provisions.
(c) Indemnification.
(d) Exception.
(e) Definitions.
(f) Competition.
(g) Surety bonds.

CERCLA - Sec. 9620. Federal Facilities

(a) Application of chapter to Federal Government.
(b) Notice.
(c) Federal Agency Hazardous Waste Compliance Docket.
(d) Assessment and evaluation.
(e) Required action by department.
(f) State and local participation.
(g) Transfer of authorities.
(h) Property transferred by Federal agencies.
(i) Obligations under Solid Waste Disposal Act.
(j) National security.

CERCLA - Sec. 9621. Cleanup Standards

(a) Selection of remedial action.
(b) General rules.
(c) Review.
(d) Degree of cleanup.
(e) Permits and enforcement.
(f) State involvement.

CERCLA - Sec. 9622 Settlements

(a) Authority to enter into agreements.
(b) Agreements with potentially responsible parties.
(c) Effect of agreement.
(d) Enforcement.
(e) Special notice procedures.
(f) Covenant not to sue.
(g) De minimis settlements.
(h) Cost recovery settlement authority.
(i) Settlement procedures.
(j) Natural resources.
(k) Section not applicable to vessels.
(l) Civil penalties.
(m) Applicability of general principles of law.

CERCLA - Sec. 9623 Reimbursement to Local Governments

(a) Application.
(b) Reimbursement.
(c) Amount.
(d) Procedure.

CERCLA - Sec. 9624 Methane Recovery

(a) In general.
(b) Exceptions.

CERCLA - Sec. 9625 Section 6921(b)(3)(A)(i) Waste

(a) Revision of hazard ranking system.
(b) Inclusion prohibited.

CERCLA - Sec. 9626 Indian Tribes

(a) Treatment generally.
(b) Community relocation.
(c) Study.
(d) Limitation.

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE PART A - HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

9631 to 9633. Repealed. PART B - POST-CLOSURE LIABILITY TRUST FUND

CERCLA - Sec. 9641. Repealed. Pub. L. 99-499, Title V, Sec. 514(b), Oct. 17, 1986- Repealed

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

CERCLA - Sec. 9651 Reports and Studies

(a) Implementation experiences; identification and disposal of waste.
(b) Private insurance protection.
(c) Regulations respecting assessment of damages to natural resources.
(d) Issues, alternatives, and policy considerations involving selection of locations for waste treatment, storage, and disposal facilities.
(e) Adequacy of existing common law and statutory remedies.
(f) Modification of national contingency plan.
(g) Insurability study.
(h) Report and oversight requirements.

CERCLA - Sec. 9652 Effective Dates; Savings Provisions
CERCLA - Sec. 9653. Repealed. Pub. L. 99-499, Title V, Sec. 511(b), Oct. 17, 1986, 100 Stat. 1761 - Repealed
CERCLA - Sec. 9654 Applicability of Federal Water Pollution Control Funding, etc, Provisions
CERCLA - Sec. 9655 Legislative Veto of Rule or Regulation

(a) Transmission to Congress upon promulgation or repromulgation of rule or regulation; disapproval procedures.
(b) Approval; effective dates.
(c) Sessions of Congress as applicable.
(d) Congressional inaction on, or rejection of, resolution of disapproval.

CERCLA - Sec. 9656 Transportation of Hazardous Substances; Listing as Hazardous Material; Liability for Release
CERCLA - Sec. 9657 Separability; Contribution
CERCLA - Sec. 9658 Actions Under State Law for Damages from Exposure to Hazardous Substances

(a) State statutes of limitations for hazardous substance cases.
(b) Definitions.

CERCLA - Sec. 9659 Citizens Suits

(a) Authority to bring civil actions.
(b) Venue.
(c) Relief.
(d) Rules applicable to subsection (a)(1) actions.
(e) Rules applicable to subsection (a)(2) actions.
(f) Costs.
(g) Intervention.
(h) Other rights.
(i) Definitions.

CERCLA - Sec. 9660 Research, Development, and Demonstration

(a) Hazardous substance research and training.
(b) Alternative or innovative treatment technology research and demonstration program.
(c) Hazardous substance research.
(d) University hazardous substance research centers.
(e) Report to Congress.
(f) Saving provision.
(g) Small business participation.