United States
Environmental Protection
Agency
CERCLA
Comprehensive
Environmental Response,
Compensation, and
Liability Act of 1980
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PUBLIC LAW 96-510—DEC. 11, 1980
94 STAT. 2767
Public Law 96-510
96th Congress
An Act
To pro\n^ for cleanup, and emergency response for hazard-
mto the environment and the ckmin nfin««n.» i j
Dec. 11,1980
ous waste disposal sites.
' environment and the cleanup ofinactive hazard- [H,R' 70205
tion, and Liability Act of 1980"*
Comprehensive
Environmental
Response,
Compensation,
and LiabiJity Act
of 1980
42 USC 9601
note.
TITLE I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY
COMPENSATION
DEFINITIONS
Sec. lOl^r pu^ose of tIlig title, the term— 42 use 960i.
or other natural iu ans an unanticipated grave natural disaster
irresistible charaSJ?110?16*1011 of an exceptional, inevitable, and
ifasisihstXBis
^nl*1 * "* Uluw
degrees Fahrenheit^8 forty"two United States «ailona at »i*ty
iA\ it 1 * "
Jk) "claJman^tf8 a demand in writing for a sum certain;
compeniatSn under6^ ^ a Claim
rMour^^set fiXUi?8 damages for iitfury or loss of natural
^7r&5n?L?Ith itt «eSl«>n WW O' "Kb) of this aS
source that is or mav h!uppK meai\?tfny 1aw ^ finished water
in the Safe DrinSy used by a public water system (as defined
more individual; Water Act) or 88 drinkin« water by one or 42 USC 201 note.
SilPSaisBiBssrjftSSS!
SJAag! awsraas
the United States? 6 ^nited States or under the Junction of
JuiDmeSt1^"^ (A> «»y building, structure, installation,
Subliclv owned /If'Peline (including any pipe into a sewer or
works), welf, p£ pond, lagoon!
mi ling stock or 5 taftdflil, storage container, motor vehicle,
nlaced or otherww 88 been deposited, stored, disposed of, or
consumer products ?me to **located: but do®» not mdude any
y m consumer use or any vessel;
16 USC 1801
note.
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94 STAT. 2768 PUBLIC LAW 96-510—DEC. 11, 1980
(10) "federally permitted release" means (A) discharges in
compliance with a permit under section 402 of the Federal Water
33 use 1342. Pollution Control Act, (B) discharges resulting from circum-
stances 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 intermit-
tent 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
33 USC 1344. section 404 of the Federal Water Pollution Control Act, (E)
releases in compliance with a legally enforceable final permit
issued pursuant to section 3005 (a) through (d) of the Solid Waste
42 USC 6925. Disposal Act 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 102 of section 103 of the Marine
33 USC 1412 Protection, Research, and Sanctuaries Act of 1972, (G) any
1413. ' injection of fluids authorized under Federal underground injec-
tion 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
42 USC 300. Drinking Water Act, (H) any emission into the air subject to a
permit or control regulation under section 111, section 112, title I
42 use 7411, part C, title I part D, or State implementation plans submitted in
7412,7470,7501. accordance with section 110 of the Clean Air Act (and not
42 use 7410. disapproved by the Administrator of the Environmental Protec-
tion Agency), including any schedule or waiver granted, promul-
gated, or approved under these sections, (I) any injection of fluids
or other materials authorized 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
33 USC 1317 307 (b) or (c) of the Clean Water Act and enforceable require-
ments in a pretreatment program submitted by a State or
33 USC 1342. municipality for Federal approval under section 402 of such Act,
and (K) any release of source, special nuclear, or byproduct
material, as those terms are defined in the Atomic Energy Act of
42 USC 2014. 1954, in compliance with a legally enforceable license, permit,
regulation, or order issued pursuant to the Atomic Energy Act of
1954*
(11) "Fund" or "Trust Fund" means the Hazardous Substance
Post, p 2801. Response Fund established by section 221 of this Act or, in the
case of a hazardous waste disposal facility for which liability has
been transferred under section 107(k) of this Act, the Post-closure
Post p 2804. Liability Fund established by section 232 of this Act;
(12) "ground water" means water in a saturated zone or
stratum beneath the surface of land or water;
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2769
(13) "guarantor" means any person, other than the owner or
operator, who provides evidence of financial responsibility for an
owner or operator under this Act;
(14) "hazardous substance" means (A) any substance designat-
ed pursuant to section 311(bX2XA) of the Federal Water Pollution
Control Act, (B) any element, compound, mixture, solution, or 33 usc 1821
substance designated pursuant to section 102 of this Act, (C) any
hazardous waste having the characteristics identified under or
listed pursuant to section 3001 of the Solid Waste Disposal Act 42 use 6921.
(but not including any waste the regulation of which under the
Solid Waste Disposal Act has been suspended by Act of Congress),
(D) any toxic pollutant listed under section 307(a) of the Federal
Water Pollution Control Act, (E) any hazardous air pollutant
listed under section 112 of the Clean Air Act, and (F) any 42 use 7412.
imminently hazardous chemical substance or mixture with re-
spect to which the Administrator has taken action pursuant to
section 7 of the Toxic Substances Control Act. The term does not 15 use 2606
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) "navigable waters" or "navigable waters of the United
States" means the waters of the United States, including the
territorial seas;
(16) "natural resources" means land, fish, wildlife, biota, air,
water, ground water, drinking water supplies, and other such
resources belonging to, managed by, held in trust by, appertain-
ing to, or otherwise controlled by the United States (including
the resources of the fishery conservation zone established by the
Fishery Conservation and Management Act of 1976), any State or 16 use 1801
local government, or any foreign government; note
(17) "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) "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) "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;
(20XA) "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 abandoned facility, any person who owned, operated, or
otherwise controlled activities at such facility immediately prior
to such abandonment. 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;
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94 STAT. 2770 PUBLIC LAW 96-510—DEC. u, 1980
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2771
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 terin includes, but is
not limited to, such actions at the location of the release as
storage, confinement, perimeter protection using djkes^trenches,
or ditches, clay cover, neutralization, cleanup of released hazard-
ous substances or 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 inciner-
ation, provision of alternative water supplies, and any monitor-
ing 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 deter-
mines that, alone or in combination with other measures, such
relocation is more cost-effective than and environmentally pref-
erable to the transportation, storage, treatment, destruction, or
secure disposition offsite of hazardous substances, or may other-
wise be necessary to protect the public health or 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 action8, CB) will "eate new
capacity to manage, in compliance with subtitle C of the Solid
Waste Disposal Act, 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 "reaped by further exposure to the
continued presence of such substances or materials,
(25) "respond" or "response" means remove, removal, remedy,
and remedial action; , -
(26) "transport" or "transportation" means the movement ofa
hazardous substance by anv mode, including pipeline (as defined
in the Pipeline Safety Act) and in the case of a hazardous
substance which has been accepted for transportation by a
common or contract carrier, the term "transport or transpor-
tation" 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) "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) "vessel" means everv description of watercraft or other
artificial contrivance used or capable of being used, as a means
of transportation on water*' , ,,
(29) "disposal", "hazardous waste", and 'treatment shall
have the meaning provided in section 1004 of the Solid Waste
Disposal Act;
49 USC 1671
note.
42 USC 6903.
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94 STAT. 2772 PUBLIC LAW 96-510—DEC. 11 1980
(30) "territorial sea" and "contieuonc .. 1.111. *ua
» use CoTrdActOVided in SeCti0" 602 0f tW Pede«l Water Pollution
»££ sTM nFdna'lWattenr
PolluUen Control Act or revised $£
Federal Water Pollution Control Act. der sectlon 311 of
REPORTABLE QUANTITIES AND ADDITION*, ~
,unal designations
Sec. 102. (a) The Administrator shall promniw f j mav
42 use ,)W)2. be appropriate, regulations designating as ha J j 3
addition to those referred to in section lOlS ?S u ?fi <^h
elements, compounds, mixtures, solutions iji of this title, sue
when released into the environment may DrPL . substances which,
to the public health or welfare or the P! • utetan j t I
promulgate regulations establishing that Qu^K°nn}ent" u
substance the release of which shall be reon* 5 y any hazar of this title.
use vm.
42 use 9603.
NOTICES, PENALTIES
Sec. 103. (a) Any person in charge of a i.
onshore facility shall, as soon as he has knr. i°jan °/^sbore ?
{other than a federally permitted release) of W! ®e ? any ,reienW
from such vessel or facility in quantities or.,3 *lazar(*ous substan
those determined pursuant to section 102 nf *°- ?r £r ej- ai
notify the National Response Center estahl; uj1 eJ imJu
use I2r,i Water Act of such release. The National »d und^r t!?e C1£®n
note convey the notification expeditiously to all ^esP01?s® Center s
agencies, including the Governor of any affe£PRr£Pnate Government
(b) Any person- ected State.
(1) in charge of a vessel from which n u , , t „fl;e
released, other than a federally perm £5a2a,rdous substance is
the navigable waters of the United Statf r®, .eas®' int?
or into or upon the waters of the contieuniS' adJoimn£ shorelin ,
(2) in charge of a vessel from which » if zone,'or , ^
released, other than a federally permit* jZar.dous siitetance i
affect natural resources belonging to o_ release, which niay
the exclusive management authority^Pertaining to, or "n(Jer
(including resources under the Fisherv n United States
16 USC 1801 agement Act of 1976), and who is ^observation and Man-
note. jurisdiction of the United States at tho^erwise subject to the
tne time of the release, or
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2773
(3) in charge of a facility from which a hazardous substance is
released, other than a federally permitted release, in a quantity
equal to or greater than that determined pursuant to section 102
of this title who fails to notify immediately the appropriate
agency ot the United States Government as soon as he has
knowledge of such release shall, upon conviction, be fined not
or imprisoned for not more than one year, or
DOtn. JNotmcation received pursuant to this paragraph or infor-
mation obtained by the exploitation of such notification shall not
be usea against any such person in any criminal case, except a
( °n uT P®rJUry or for giving a false statement.
(c) Within one hundred and eighty days after the enactment of this
Act, any person who owns or operates or who at the time of disposal
owned or operated, or wh0 accepted hazardous substances for trans-
imat which hazardous substances (as defined
in section 101(14KC) of this title) are or have been stored, treated, or
hafkiorL 8uch facility has a permit issued under, or
has been ^corded interim status under, subtitle C of the Solid Waste
Disposal Act, notify the Administrator of the Environmental Protec- 4:> use wj i
li u exi8tjence of such facility, specifying the amount
and type of any hazardous substance to be found there, and any
known, suspected, or likely releases of such substances from such
facility. The Administrator may prescribe in greater detail the
I£i? th? notice and the information included. The
mpl?t HpSJStpH Kt the affected State agency, or any depart-
ment designated by the Governor to receive such notice, of the
a !?Ce; jofrofi acflllty- Any person who knowingly fails to notify
rllnvfcti^n" be fiSL the existence of any such facility shall, upon
conviction, be Fined not more than $10,000, or imprisoned for not
r,re ^Ttyear' .or both. In addition, any sSch person who
hi f nt niS *1° provide the notice required by this subsection shall
P Z any imitation of liability or to any defenses to
liability set out in section 107 of this Act: Provided, however, That
n u !flfa^ni,]JIhler subsection is not required for any facility
which would be reportable hereunder solely as a result of any
stoppage in transit which is temporary, incidental to the transporta-
tion movement, or at the ordinary operating convenience of a
common or contract carrier, and such stoppage snail be considered as
;.£!St as the storage of a hazardous
mSn received pursuant to this subsection or infor-
used aeainft anv such ® exP*oitation of such notification shall not be
sr-' e*cept a—
• A! • ator of the Environmental Protection Agency Rules and
is autnonzea io promulgate rules and regulations specifying, with regulations.
r6Sp6CCCO—
im or condition of a facility, and
findudine con& cVacteristics, quantity, origin, or condition
iSfnllc eriZation and previous treatment) of any haz-
the records whfch shSff or &**** 8 faci1^',
fCf *1 be retained by any person required to provide
9nrif ility set out in subsection (c) of this section.
LbLton 8ha11 be in accordance with the provisions of this
thSifflSTri date of enactment of this Act, for fifty years
years after the date of establishment of a record
WC?' wy such earlier time as a waiver if obtained
under paragraph (3) of this subsection, it shall be unlawful for any
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94 STAT. 2774 PUBLIC LAW 96-510-DEC. 11, 1980
such person knowingly to destroy, mutilate, erase, dispose of, conceal,
or otherwise render unavailable or unreadable or falsify any records
identified in paragraph (1) of this subsection. Any person who violates
this paragraph shall, upon conviction, be fined not more than-$20,000,
or imprisoned for not more than one year, or both.
(3) At any time prior to the date which occurs fifty years after the
date of enactment of this Act, any person identified under paragraph
(1) of this subsection may apply to the Administrator of the Environ-
mental Protection Agency for a waiver of the provisions of the first
sentence of paragraph (2) of this, subsection. The Administrator is
authorized to grant such waiver if, in his discretion, such waiver
would not unreasonably interfere with the attainment of the pur-
Rules and poses and provisions of this Act. The Administrator shall promulgate
regulations. rules and regulations regarding such a waiver so as to inform parties
of the proper application procedure and conditions for approval of
such a waiver.
(4) Notwithstanding the provisions of this subsection, the Adminis-
trator of the Environmental Protection Agency may in his discretion
require any such person to retain any record identified pursuant to
paragraph (1) of this subsection for such a time period in excess of the
period specified in paragraph (2) of this subsection as the Administra-
tor determines to be necessary to protect the public health or welfare.
(e) This section shall not apply to the application of a pesticide
product registered under the Federal Insecticide, Fungicide, and
7 use 136 note. Rodenticide Act or to the handling and storage of such a pesticide
product by an agricultural producer.
(f) No notification shall be required under subsection (a) or (b) of
this section for any release of a hazardous substance—-
(1) which is required to be reported (or specifically exempted
from a requirement for reporting) under subtitle C of the Solid
Waste Disposal Act or regulations thereunder and which has
been reported to the National Response Center, or
(2) which is a continuous release, stable in quantity and rate,
and is—
(A) from a facility for which notification has been given
under subsection (c) of this section, or
(B) a release of which notification has been given under
subsections (a) and (b) of this section for a period sufficient to
establish the continuity, quantity, and regularity of such
r6lc386*
Provided, That notification in accordance with subsections (a)
and (b) of this paragraph shall be given for releases subject to this
paragraph annually, or at such time as there is any statistically
significant increase in the quantity of any hazardous substance
or constituent thereof released, above that previously reported or
occurring.
RESPONSE AUTHORITIES
42 use 9604 Sec. 104. (aXl) Whenever (A) any hazardous substance is released
or there is a substantial threat 01 such a release into the environ-
ment, or (B) there is a release or substantial threat of release into the
environment of any pollutant or contaminant which may present an
imminent and substantial danger to the public health or welfare, the
President is authorized to act, consistent with the national contin-
gency plan, to remove or arrange for the removal of, and provide for
remedial action relating to such hazardous substahce, pollutant, or
contaminant at any time (including its removal from any contami-
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2775
nated natural resource), or take any other response measure consist-
ent with the national contingency plan which the President deems
necessary to protect the public health or welfare or the environment,
unless tne President determines that such removal and remedial
action will be done properly by the owner or operator of the vessel or
facility from which the release or threat of release emanates, or by
any other responsible party.
(2) For the purposes of this section, "pollutant or contaminant" "Pollutant or
shall include, DUt not be limited to, any element, substance, com- contaminant."
pound, or mixture, including disease-causing agents, which after
release into the environment and upon exposure, ingestion, inhala-
tion, 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. The term does not include petro-
leum, including crude oil and any fraction thereof which is not
otherwise specifically listed or designated as hazardous substances
under section 101(14) (A) through (F) of this title, nor does it include
natural gas, liquefied natural gas, or synthetic gas of pipeline quality
(or mixtures of natural gas and such synthetic gas).
(b) Whenever the President is authorized to act pursuant to
subsection (a) of this section, or whenever the President has reason to
believe that a release has occurred or is about to occur, or that illness,
disease, or complaints thereof may be attributable to exposure to a
hazardous substance, pollutant, or contaminant and that a release
may have occurred or be occurring, he may undertake such investiga-
tions, monitoring, surveys, testing, and other information gathering
as he may deem necessary or appropriate to identify the existence
and extent of the release or threat thereof, the source and nature of
the hazardous substances, pollutants or contaminants involved, and
the extent of danger to the public health or welfare or to the
environment. In addition, the President may undertake such plan-
ning, legal, fiscal, economic, engineering, architectural, and other
studies or investigations as he may deem necessary or appropriate to
plan and direct response actions, to recover the costs thereof, and to
enforce the provisions of this Act.
(cXl) Unless (A) the President finds that (i) continued response
actions are immediately required to prevent, limit, or mitigate an
emergency, (ii) there is an immediate risk to public health or welfare
or the environment, and (iii) such assistance will not otherwise be
provided on a timely basis, or (B) the President has determined the
appropriate remedial actions pursuant to paragraph (2) of this
subsection and the State or States in which the source of the release is
located have complied with the requirements of paragraph (S) of this
subsection, obligations from the Fund, other than those authorized by
subsection (b) of this section, shall not continue after $1,000,000 has
been obligated for response actions or six months has elapsed from
the date of initial response to a release or threatened release of
hazardous substances.
(2) The President shall consult with the affected State or States
before determining any appropriate remedial action to be taken
pursuant to the authority granted under subsection (a) of this section.
(3) The President shall not provide any remedial actions pursuant
to this section unless the State in which the release occurs first enters
into a contract or cooperative agreement with the President provid-
ing assurances deemed adequate by the President that (A) the State
0-81-2
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94 STAT. 2776 PUBLIC LAW 96-510—DEC. 11, 1980
will assure all future maintenance of the removal and remedial
actions provided for the expected life of such actions as determined by
the President; (B) the State will assure the availability of a hazardous
waste disposal facility acceptable to the President and in compliance
42 use 6921. with the requirements of subtitle C of the Solid Waste Disposal Act
for any necessary offsite storage, destruction, treatment, or secure
disposition of the hazardous substances; and (C) the State will pay or
assure payment of (i) 10 per centum of the costs of the remedial
action, including all future maintenance, or (ii) at least 50 per centum
or such greater amount as the President may determine appropriate,
taking into account the degree of responsibility of the State or
political subdivision, of any sums expended in response to a release at
a facility that was owned at the time of any disposal of hazardous
substances therein by the State or a political subdivision thereof. The
President shall grant the State a credit against the share of the costs
for which it is responsible under this paragraph for any documented
direct out-of-pocket non-Federal funds expended or obligated by the
State or a political subdivision thereof after January 1, 1978, and
before the date of enactment of this Act for cost-eligible response
actions and claims for damages compensable under section 111 of this
title relating to the specific release in question: Provided, however,
That in no event shall the amount of the credit granted exceed the
total response costs relating to the release.
(4) The President shall select appropriate remedial actions deter-
mined to be necessary to carry out this section which are to the extent
practicable in accordance with the national contingency plan and
which provide for that cost-effective response which provides a
balance between the need for protection of public health and welfare
and the environment at the facility under consideration, and the
availability of amounts from the Fund established under title II of
Post, p. 2796. this Act to respond to other sites which present or may present a
threat to public health or welfare or the environment, taking into
consideration the need for immediate action.
(dXl) Where the President determines that a State or political
subdivision thereof has the capability to carry out any or all of the
actions authorized in this section, the President may, in his discre-
tion, enter into a contract or cooperative agreement with such State
or political subdivision to take such actions in accordance with
criteria and priorities established pursuant to section 105(8) of this
title and to be reimbursed for the reasonable response costs thereof
from the Fund. Any contract made hereunder shall be subject to the
cost-sharingprovisions of subsection (c) of this section.
(2) If the President enters into a cost-sharing agreement pursuant
to subsection (c) of this section or a contract or cooperat ive agreement
pursuant to this subsection, and the State or political subdivision
thereof fails to comply with any requirements of the contract, the
President may, after providing sixty days notice, seek in the appropri-
ate Federal district court to enforce the contract or to recover any
funds advanced or any costs incurred because of the breach of the
contract by the State or political subdivision.
(3) Where a State or a political subdivision thereof is acting in
behalf of the President, the President is authorized to provide
technical and legal assistance in the administration and enforcement
of any contract or subcontract in connection with response actions
assisted under this title, and to intervene in any civil action involving
the enforcement of such contract or subcontract.
(4) Where two or more noncontiguous facilities are reasonably
related on the basis of geography, or on the basis of the threat, or
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2777
potential threat to the public health or welfare or the environment,
the President may, in his discretion, treat these related facilities as
one for purposes of this section,
(eXl) For purposes of assisting in determining the need for response
to a release under this title or enforcing the provisions of this title,
any person who stores, treats, or disposes of, or, where necessary to
ascertain facts not available at the facility where such hazardous
substances are located, who generates, transports, or otherwise
handles or has handled, hazardous substances shall, upon request of
any officer, employee, or representative of the President, duly desig-
nated by the President, or upon request of any duly designated
officer, employee, or representative of a State, where appropriate,
furnish information relating to such substances and permit such
person at all reasonable times to have access to, and to copy all
records relating to such substances. For the purposes specified in the
preceding sentence, such officers, employees, or representatives are
authorized—
(A) to enter at reasonable times any establishment or other
place where such hazardous substances are or have been gener-
ated, stored, treated, or disposed of, or transported from;
(B) to inspect and obtain samples from any person of any such
substance and samples of any containers or labeling for such
substances. Each such inspection shall be commenced and com-
pleted with reasonable promptness. If the officer, employee, or
representative obtains any samples, prior to leaving the prem-
ises, he shall give to the owner, operator, or person in charge a
receipt describing the sample obtained and if requested a portion
of each such sample equal in volume of weight to the portion
retained. If any analysis is made of such samples, a copy of the
results of such analysis shall be furnished promptly to the owner,
operator, or person in charge.
(2XA) Any records, reports, or information obtained from any
person under this section (including records, reports, or information
obtained by representatives of the President) shall be available to the
public, except that upon a showing satisfactory to the President (or
the State, 9s the case may be) by any person that records, reports, or
information, or particular part thereof (other than health or safety
effects data), to which the President (or the State, as the case may be)
or any officer, employee, or representative has access under this
section if made public would divulge information entitled to protec-
tion under section 1905 of title 18 of the United States Code, such
information or particular portion thereof shall be considered confi-
dential in accordance with the purposes of that section, except that
such record, report, document or information may be disclosed to
other officers, employees, or authorized representatives of the United
States concerned with carrying out this Act, or when relevant in any
proceeding under this Act.
(B) Any person not subject to the provisions of section 1905 of title
18 of the United States Code who knowingly and willfully divulges or
discloses any information entitled to protection under this subsection
shall, upon conviction, be subject to a fine of not more than $5,000 or
to imprisonment not to exceed one year, or both.
(C) In submitting data under this Act, a person required to provide
such data may (i) designate the data which such person believes is
entitled to protection under this subsection and (ii) submit such
designated data separately from other data submitted under this Act.
A designation under this paragraph shall be made in writing and in
such manner as the President may prescribe by regulation.
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94 STAT. 2778 PUBLIC LAW 96-510—DEC. 11, 1980
(D) Notwithstanding any limitation contained in this section or any
other provision of law, all information reported to or otherwise
obtained by the President (or any representative of the President)
under this Act shall be made available, upon written request of any
duly authorized committee of the Congress, to such committee.
(f) In awarding contracts to any person engaged in response actions,
the President or the State, in any case where it is awarding contracts
pursuant to a contract entered into under subsection (d) of this
section, shall require compliance with Federal health and safety
standards established under section 301(f) of this Act by contractors
and subcontractors as a condition of such contracts.
(gKl) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction, repair, or alter-
ation work funded in whole or in part under this section shall be paid
wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act. The President shall
not approve any such funding without first obtaining adequate
assurance that required labor standards will be maintained upon the
construction work.
(2) The Secretary of Labor shall have, with respect to the labor
standards specified in paragraph (1), the authority-and functions set
forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64
Stat. 1267) and section 276c of title 40 of the United States Code.
(h) Notwithstanding any other provision of law, subject to the
provisions of section 111 of this Act, the President may authorize the
use of such emergency procurement powers as he deems necessary to
effect the purpose of this Act, Upon determination that such proce-
dures are necessary, the President shall promulgate regulations
prescribing the circumstances under which such authority shall be
used and the procedures governing the use of such authority.
Agency for Toxic (i) There is hereby established within the Public Health Service an
Substances and agency, to be known as the Agency for Toxic Substances and Disease
plJ«wf«h^ntry' Registry, which shall report directly to the Surgeon General of the
Establishment. United The Administrator of said Agency shall, with the
cooperation of the Administrator of the Environmental Protection
Agency, the Commissioner of the Food and Drug Administration, the
Directors of the National Institute of Medicine, National Institute of
Environmental Health Sciences, National Institute of Occupational
Safety and Health, Centers for Disease Control, the Administrator of
the Occupational Safety and Health Administration, and the Admin-
istrator of the Social Security Administration, effectuate and imple-
ment the health related authorities of this Act. In addition, said
Administrator shall—
(1) in cooperation with the States, establish and maintain a
national retfstry of serious diseases and illnesses and a national
registry of persons exposed to toxic substances;
(2) establish and maintain inventory of literature, research,
and studies on the health effects of toxic substances;
(3) in cooperation with the States, and other agencies of the
Federal Government, establish and maintain a complete listing
of areas closed to the public or otherwise restricted in use
because of toxic substance contamination;
(4) in cases of public health emergencies caused or believed to
be caused by exposure to toxic substances, provide medical care
and testing to exposed individuals, including but not limited to
tissue sampling, chromosomal testing, epidemiological studies,
Post, p. 2805.
40 USC 216a
note.
5 USC app.
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2779
or any other assistance appropriate under the circumstances;
and
(5) either independently or as part of other health status
survey, conduct periodic survey and screening programs to
determine relationships between exposure to toxic substances
and illness. In cases of public health emergencies, exposed
persons shall be eligible for admission to hospitals and other
facilities and services operated or provided by tne Public Health
Service.
NATIONAL CONTINGENCY PLAN
Sec. 105. Within one hundred and eighty days after the enactment 42 use 9605.
of this Act, the President shall, after notice and opportunity for
public comments, revise and republish the national contingency plan
for the removal of oil and hazardous substances, originally prepared
and published pursuant to section 311 of the Federal Water Pollution
Control Act, to reflect and effectuate the responsibilities and powers 33 usc 1321-
created by this Act, in addition to those matters specified in section
311(cX2). Such revision shall include a section of the plan to be known
as the national hazardous substance response plan which shall
establish procedures and standards for responding to releases of
hazardous substances, pollutants, and contaminants, which shall
include e.t a minimum:
(1) methods for discovering and investigating facilities at
which hazardous substances have been disposed of or otherwise
come to be located;
(2) methods for evaluating, including analyses of relative cost,
and remedying any releases or threats of releases from facilities
which pose substantial danger to the public health or the
environment;
(3) methods and criteria for determining the appropriate
extent of removal, remedy, and other measures authorized by
this Act;
(4) appropriate roles and responsibilities for the Federal, State,
and local governments and for interstate and nongovernmental
entities in effectuating the plan;
(5) provision for identification, procurement, maintenance, and
storage of response equipment and supplies;
(6) a method for and assignment of responsibility for reporting
the existence of such facilities which may be located on federally
owned or controlled properties and any releases of hazardous
substances from such facilities;
(7) means of assuring that remedial action measures are cost-
effective over the period of potential exposure to the hazardous
substances or contaminated materials;
(8XA) criteria for determining priorities among releases or
threatened releases throughout the United States for the pur-
pose of taking remedial action and, to the extent practicable
taking into account the potential urgency of such action, for the
purpose of taking removal action. Criteria and priorities under
this paragraph snail be based upon relative risk or danger to
public health or welfare or the environment, in the judgment of
the President, taking into account to the extent possible the
population at risk, the hazard potential of the hazardous sub-
stances at such facilities, the potential for contamination of
drinking water supplies, the potential for direct human contact,
the potential for destruction of sensitive ecosystems, State pre-
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94 STAT. 2780
PUBLIC LAW 96-510—DEC. 11, 1980
33 USC 1321.
Revision and
Republication.
42 USC 9606.
Notice.
paredness to assume State costs and responsibilities, and other
appropriate factors;
(B) based upon the criteria set forth in subparagraph (A; of this
paragraph, the President shall list as part of the plan national
priorities among the known releases or threatened releases
throughout the United States and shall revise the list no less
often than annually. Within one year after the date of enactment
of this Act, and annually thereafter, each State shall establish
and submit for consideration bv the President priorities for
remedial action among known releases and potential releases in
that State based upon the criteria set forth in subparagraph (A)
of this paragraph. In assembling or revising the national list, the
President shall consider any priorities established by the States.
To the extent practicable, at least four hundred of the highest
priority facilities shall be designated individually and shall be
referred to as the "top priority among known response targets",
and, to the extent practicable, shall include among the one
hundred highest priority facilities at least one such facility from
each State which shall be the facility designated by the State as
presenting the greatest danger to public health or welfare or the
environment among the known facilities in such State. Other
priority facilities or incidents may be listed singly or grouped for
response priority purposes; and
(9) specified roles for private organizations and entities in
preparation for response and in responding to releases of hazard-
ous substances, including identification of appropriate qualifica-
tions and capacity therefor.
The plan shall specify procedures, techniques, materials, equipment,
and methods to be employed in identifying, removing, or remedying
releases of hazardous substances comparable to those required under
section 311(cX2) (F) and (G) and (jXl) of the Federal Water Pollution
Control Act. Following publication of the revised national contin-
gency plan, the response to and actions to minimize damage from
hazardous substances releases shall, to the greatest extent possible,
be in accordance with the provisions of the plan. The President may,
from time to time, revise and republish the national contingency
plan.
ABATEMENT ACTION
Sec. 106. (a) In addition to any other action taken by a State or local
government, when the President determines that there may be an
imminent and substantial endangerment to the public health or
welfare or the environment because of an actual or threatened
release of a hazardous substance from a facility, he may require the
Attorney General of the United States to secure such relief as may be
necessary to abate such danger or threat, and the district court of the
United States in the district in which the threat occurs shall have
jurisdiction to grant such relief as the public interest and the equities
of the case may require. The President may also, after notice to the
affected State, take other action under this section including, but not
limited to, issuing such orders as may be necessary to protect public
health and welfare and the environment.
(b) Any person who willfully violates, or fails or refuses to comply
with, any order of the President under subsection (a) may, in an
action brought in the appropriate United States district court to
enforce sucn order, be fined not more than $5,000 for each day in
which such violation occurs or such failure to comply continues.
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2781
(c) Within one hundred and eighty days after enactment of this Act, Guidelines,
the Administrator of the Environmental Protection Agency shall,
after consultation with the Attorney General, establish and publish
guidelines for using the imminent nazard, enforcement, and emer-
gency response authorities of this section and other existing statutes
administered by the Administrator of the Environmental Protection
Agency to effectuate the responsibilities and powers created by this
Act. Such guidelines shall to the extent practicable be consistent with
the national hazardous substance response plan, and shall include, at
a minimum, the assignment of responsibility for coordinating
response actions with the issuance of administrative orders, enforce-
ment of standards and permits, the gathering of information, and
other imminent hazard and emergency powers authorized by (1)
sections 311(cX2), 308,309, and 504{a)of the Federal Water Pollution
Control Act, (2) sections 3007,3008,3013, and 7003 of the Solid Waste
Disposal Act, (3) sections 1445 and 1431 of the Safe Drinking Water ncr rq'J
Act, (4) sections 113,114, and 303 of the Clean Air Act, and (5) section gggg; Ante. p.
7 of the Toxic Substances Control Act. 2344- 42 USC
6973.
LIABILITY 42USC 300j-4,
42 USC 7413,
7414, 7603.
Sec. 107. (a) Notwithstanding any other provision or rule of law,
and subject only to the defenses set forth in subsection (b) of this is use 2606.
section— 42 use 9607.
(1) the owner and operator of a vessel (otherwise subject to the
jurisdiction of the United States) or a facility,
(2) any person who at the time of disposal of any hazardous
substance owned or operated any facility at which such hazard-
ous substances were disposed of,
(3) any person who by contract, agreement, or otherwise
arranged for disposal or treatment, or arranged with a trans-
porter for transport for disposal or treatment, of hazardous
substances owned or possessed by such person, by any other
party or entity, at any facility owned or operated by another
party or entity and containing such hazardous substances, and
(4) any person who accepts or accepted any hazardous sub-
stances for transport to disposal or treatment facilities or sites
selected by such person, from which there is a release, or a
threatened release which causes the incurrence of response costs,
of a hazardous substance, shall be liable for—
(A) all costs of removal or remedial action incurred by the
United States Government or a State not inconsistent with
the national contingency plan;
(B) any other necessary costs of response incurred by any
other person consistent with the national contingency plan;
and
(C) damages for injury to, destruction of, or loss of natural
resources, including the reasonable costs of assessing such
injury, destruction, or loss resulting from such a release.
(b) There shall be no liability under subsection (a) of this section for
a person otherwise liable who can establish by a preponderance of the
evidence that the release or threat of release of a hazardous sub-
stance and the damages resulting therefrom were caused solely by-
Cl) an act of God;
(2) an act of war;
(3) an act or omission of a third party other than an employee
or agent of the defendant, or than one whose act or omission
occurs in connection with a contractual relationship, existing
-------
94 STAT. 2782 PUBLIC LAW 96-510—DEC. 11, 1980
directly or indirectly, with the defendant (except where the sole
contractual arrangement arises from a published tariff and
acceptance for carriage by a common carrier by rail), if the
defendant establishes by a preponderance of the evidence that (a)
he exercised due care with respect to the hazardous substance
concerned, taking into consideration the characteristics of such
hazardous substance, in light of all relevant facts and circum-
stances, and (b) he took precautions against foreseeable acts or
omissions of any such third party and the consequences that
could foreseeably result from such acts or omissions; or
(4) any combination of the foregoing paragraphs.
(cXl) Except as provided in paragraph (2) or this subsection, the
liability under this section of an owner or operator or other responsi-
ble person for each release of a hazardous substance or incident
involving release of a hazardous substance shall not exceed—
(A) for any vessel which carries any hazardous substance as
cargo or residue, $300 per gross ton, or $5,000,000, whichever is
greater;
(B) for any other vessel, $300 per gross ton, or $500,000,
whichever is greater;
(C) for any motor vehicle, aircraft, pipeline (as defined in the
49 use 2001 Hazardous Liquid Pipeline Safety Act of 1979), or rolling stock,
note- $50,000,000 or such lesser amount as the President shall estab-
lish by regulation, but in no event less than $5,000,000 (or, for
releases of hazardous substances as defined in section 101(14XA)
of this title into the navigable waters, $8,000,000). Such regula-
tions shall take into account the size, type, location, storage, and
handling capacity and other matters relating to the likelihood of
release in each such class and to the economic impact of such
limits on each such class; or
(D) for any facility other than those specified in subparagraph
(C) of this paragraph, the total of all costs of response plus
$50,000,000 for any damages under this title.
(2) Notwithstanding the limitations in paragraph (1) of this subsec-
tion, the liability of an owner or operator or other responsible person
under this section shall be the full and total costs of response and
damages, if (AXi) the release or threat of release of a hazardous
substance was the result of willful misconduct or willful negligence
within the privity or knowledge of such person, or (ii) the primary
cause of the release was a violation (within the privity or knowledge
of such person) of applicable safety, construction, or operating stand-
ards or regulations; or (B) such person fails or refuses to provide all
reasonable cooperation and assistance requested ty a responsible
public official in connection with response activities under the
national contingency plan with respect to regulated carriers subject
to the provisions of title 49 of the United States Code or vessels
subject to the provisions of title 33 or 46 of the United States Code,
subparagraph (AXii) of this paragraph shall be deemed to refer to
Federal standards or regulations.
(3) If any person who is liable for a release or threat of release of a
hazardous substance fails without sufficient cause to properly pro-
vide removal or remedial action upon order of the President pursuant
to section 104 or 106 of this Act, such person may be liable to the
United States for punitive damages in an amount at least equal to,
and not more than three times, the amount of any costs incurred by
the Fund as a result of such failure to take proper action. The
President is authorized to commence a civil action against any such
person to recover the punitive damages, which shall be in addition to
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2783
any costs recovered from such person pursuant to section 112(c) of
this Act. Any moneys received by the United States pursuant to this
subsection shall be deposited in the Fund.
(d) No person shall be liable under this title for damages as a result
of actions taken or omitted in the course of rendering care, assistance,
or advice in accordance with the national contingency plan or at the
direction of an onscene coordinator appointed under such plan, with
respect to an incident creating a danger to public health or welfare or
the environment as a result of any release of a hazardous substance
or the threat thereof. This subsection shall not preclude liability for
damages as the result of gross negligence or intentional misconduct
on the part of such person. For the purposes of the preceding
sentence, reckless, willful, or wanton misconduct shall constitute
gross negligence.
(eXl) No indemnification, hold harmless, or similar agreement or
conveyance shall be effective to transfer from the owner or operator
of any vessel or facility or from any person who may be liable for a
release or threat of release under this section, to any other person the
liability imposed under this section. Nothing in this subsection shall
bar any agreement to insure, hold harmless, or indemnify a party to
such agreement for any liability under this section.
(2) Nothing in this title, including the provisions of paragraph (1) of
this subsection, shall bar a cause of action that an owner or operator
or any other person subject to liability under this section, or a
guarantor, has or would have, by reason of subrogation or otherwise
against any person.
(f) In the case of an injury to, destruction of, or loss of natural
resources under subparagraph (C) of subsection (a) liability shall be to
the United States Government and to any State for natural resources
within the State or belonging to, managed by, controlled by, or
appertaining to such State: Provided, however, That no liability to the
United States or State shall be imposed under subparagraph (C) of
subsection (a), where the party sought to be charged has demonstrat-
ed that the damages to natural resources complained of were specifi-
cally identified as an irreversible and irretrievable commitment of
natural resources in an environmental impact statement, or other
comparable environment analysis, and the decision to grant a permit
or license authorizes such commitment of natural resources, and the
facility or project was otherwise operating within the terms of its
permit or license. The President, or the authorized representative of
any State,' shall act on behalf of the public as trustee of such natural
resources to recover for such damages. Sums recovered shall be
available for use to restore, rehabilitate, or acquire the equivalent of
such natural resources by the appropriate agencies of the Federal
Government or the State government, but the measure of such
damages shall not be limited by the sums which can be used to restore
or replace such resources. There shall be no recovery under the
authority of subparagraph (C) of subsection (a) where such damages
and the release of a hazardous substance from which such damages
resulted have occurred wholly before the enactment of this Act.
($) Each department, agency, or instrumentality of the executive,
legislative, and judicial branches of the Federal Government shall be
subject to, and comply with, this Act in the same manner and to the
same extent, both procedurally and substantively, as any nongovern-
mental entity, including liability under this section.
(h) The owner or operator of a vessel shall be liable in accordance
with this section and as provided under section 114 of this Act
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94 STAT. 2784 PUBLIC LAW 96-510—DEC. 11, 1980
notwithstanding any provision of the Act of March 3,1851 (46 U.S.C.
133 ff)
(i) No person (including the United States or any State) may
recover under the authority of this section for any response costs or
damages resulting from the application of a pesticide product regis-
7 use 136 note, tered under the Federal Insecticide, Fungicide, and Rodenticide Act.
Nothing in this paragraph shall affect or modify in any way the
obligations or liability of any person under any other provision of
State or Federal law, including common law, for damages, injury, or
loss resulting from a release of any hazardous substance or for
removal or remedial action or the costs of removal or remedial action
of such hazardous substance. .
(j) Recovery by any person (including the United States or any
State) for response costs or damages resulting from a federally
permitted release shall be pursuant to existing law in lieu of this
section. Nothing in this paragraph shall affect or modify in any way
the obligations or liability of any person under any other provision of
State or Federal law, including common law, for damages, injury, or
loss resulting from a release of any hazardous substance or for
removal or remedial action or the cost® of removal or remedial action
of such hazardous substance. In addition, costs of response incurred
by the Federal Government in connection with a discharge specified
in section 101(10) (B) or (C) shall be recoverable m an action brought
33 use I3iy. under section 309(b) of the Clean Water Act.
(kXl) The liability established by this section or any other law for
the owner or operator of a hazardous waste disposal facility which
has received a permit under subtitle C of the Solid Waste Disposal
Act, shall be transferred to and assumed by the Post-closure Liability
Post, p. 2804. Fund established by section 232 of this Act when—
(A) such facility and the owner and operator thereof has
complied with the requirements^ subtitle C of the Solid Waste
Disposal Act and regulations issued thereunder, which may
affect the performance of such facility after closure; and
(B) such facility has been closed m accordance with such
regulations and the conditions of such permit, and such facility
and the surrounding area have been monitored as required by
such regulations ana permit conditions for a period not to exceed
five years after closure to demonstrate that there is no substan-
tial likelihood that any migration offsite or release from confine-
ment of any hazardous substance or other risk to public health or
W6lf&r6 will occur
(2) Such transfer of iiability shall be effective ninety days after the
owner or operator of such facility notifies the Administrator of the
Environmental Protection Agency (and the State where it has an
authorized program under section 3006(b) of the Solid Waste Disposal
42 use 6926. Act) that the conditions imposed by this subsection have been
satisfied. If within such ninety-day period the Administrator of the
Environmental Protection Agency or such State determines that any
such facility has not complied with all the conditions imposed by this
subsection or that insufficient information has been provided to
demonstrate such compliance, the Administrator or such State shall
so notify the owner and operator of such facility and the administra-
tor of the Fund established by section 232 of this Act, and the owner
and operator of such facility shall continue to be liable with respect to
such facility under this section and other law until such time as the
Administrator and such State determines that such facility has
complied with all conditions imposed by this subsection. A determina-
tion by the Administrator or such State that a facility has not
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PUBLIC LAW 96-510—DEC, 11, 1980 94 STAT. 2785
complied with all conditions imposed by this subsection or that
insufficient information has been supplied to demonstrate compli-
ance, shall be a final administrative action for purposes of judicial
review. A request for additional information shall state in specific
terms the data required.
(3) In addition to the assumption of liability of owners and opera-
tors under paragraph (1)of this subsection, the Post-closure Liability
Fund established by section 232 of this Act may be used to pay costs of
monitoring and care and maintenance of a site incurred by other
persons after the period of monitoring required by regulations under
subtitle C of the Solid Waste Disposal Act for hazardous waste 42 use 6921.
disposal facilities meeting the conditions of paragraph (1) of this
subsection.
(4XA) Not later than one year after the date of enactment of this
Act, the Secretary of the Treasury shall conduct a study and shall
submit a report thereon to the Congress on the feasibility of establish-
ing or qualifying an optional system of private insurance for postclo-
sure financial responsibility for hazardous waste disposal facilities to
which this subsection applies. Such study shall include a specification
of adequate and realistic minimum standards to assure that any such
privately placed insurance will carry out the purposes of this subsec-
tion in a reliable, enforceable, and practical manner. Such a study
shall include an examination of the public and private incentives,
programs, and actions necessary to make privately placed insurance
a practical and effective option to the financing system for the Post-
closure Liability Fund provided in title II of this Act.
(B) Not later than eighteen months after the date of enactment of
this Act and after a public hearing, the President shall by rule
determine whether or not it is feasible to establish or qualify an
optional system of private insurance for postclosure financial
responsibility for hazardous waste disposal facilities to which this
subsection applies. If the President determines the establishment or
qualification of such a system would be infeasible, he shall promptly
Publish an explanation of the reasons for such a determination. If the
'resident determines the establishment or qualification of such a
system would be feasible, he shall promptly publish notice of such
determination. Not later than six months after an affirmative deter-
mination under the preceding sentence and after a public hearing,
the President shall by rule promulgate adequate and realistic mini-
mum standards which must be met by any such privately placed
insurance, taking into account the purposes of this Act and this
subsection. Such rules shall also specify reasonably expeditious
procedures by which privately placed insurance plans can qualify as
meeting such minimum standards.
(C) In the event any privately placed insurance plan qualifies under
subparagraph (8), any person enrolled in, and complying with the
terms of such plan snail be excluded from the provisions of para-
graphs <1), (2), and (3) of this subsection and exempt from the
requirements to pay any tax or fee to the Postclosure Liability Fund
under title II of this Act.
(D) The President may issue such rules and take such other actions Rules,
as are necessary to effectuate the purposes of this paragraph.
FINANCIAL RESPONSIBILITY
Sec. 108. (aXl) The owner or operator of each vessel (except a non- 42 use 9608.
self-propelled barge that does not carry hazardous substances as
cargo) over three hundred gross tons that uses any port or place in the
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94 STAT. 2886 PUBLIC LAW 96-510—DEC. 11, 1980
United States or the navigable waters or any offshore facility, shall
establish and maintain, in accordance with regulations promulgated
by the President, evidence of financial responsibility of $300 per gross
ton (or for a vessel carrying hazardous substances as cargo, or
$5,000,000, whichever is greater). Financial responsibility may be
established by any one, or any combination, of the following: insur-
ance, guarantee, surety bond, or qualification as a self-insurer. Any
bond filed shall be issued by a bonding company authorized to do
business in the United States. In cases where an owner or operator
owns, operates, or charters more than one vessel subject to this
subsection, evidence of financial responsibility need be established
only to meet the maximum liability applicable to the largest of such
vessels.
(2) The Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes of the
46 use 9i. United States of any vessel subject to this subsection that does not
have certification furnished by the President that the financial
responsibility provisions of paragraph (1) of this subsection have been
complied with.
(3) The Secretary of Transportation, in accordance with regulations
issued by him, shall (A) deny entry to any port or place in the United
States or navigable waters to, and (B) detain at the port or place in
the United States from which it is about to depart for any other port
or place in the United States, any vessel subject to this subsection
that, upon request, does not produce certification furnished by the
President that the financial responsibility provisions of paragraph (1)
of this subsection have been complied with.
(bXl) Beginning not earlier than five years after the date of
enactment of this Act, the President shall promulgate requirements
(for facilities in addition to those under subtitle C of the Solid Waste
42 use 6921. Disposal Act and other Federal law) that classes of facilities establish
and maintain evidence of financial responsibility consistent with the
degree and duration of risk associated with the production, transpor-
Pubiication in tation, treatment, storage, or disposal of hazardous substances. Not
Federal Register later than three years after the date of enactment of the Act, the
President shall identify those classes for which requirements will be
first developed and publish notice of such identification in the
Federal Register. Priority in the development of such requirements
shall be accorded to those classes of facilities, owners, and operators
which the President determines present the highest level of risk of
injury.
(2) The level of financial responsibility shall be initially estab-
lished, and, when necessary, adjusted to protect against the level of
risk which the President in his discretion believes is appropriate
based on the payment experience of the Fund, commercial insurers,
courts settlements and judgments, and voluntary claims satisfaction.
To the maximum extent practicable, the President shall cooperate
with and seek the advice of the commercial insurance industry in
developing financial responsibility requirements.
(3) Regulations promulgated under this subsection shall incremen-
tally impose financial responsibility requirements over a period of
not less than three and no more than six years after the date of
promulgation. Where possible, the level of financial responsibility
which tne President believes appropriate aa a final requirement shall
be achieved through incremental, annual increases in the
requirements.
(4) Where a facility is owned or operated by more than one person,
evidence of financial responsibility covering the facility may be
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2887
established and maintained by one of the owners or operators, or, in
consolidated form, by or on behalf of two or more owners or operators.
When evidence of financial responsibility is established in a consoli-
dated form, the proportional share of each participant shall be
shown. The evidence shall be accompanied by a statement author-
izing the applicant to act for and in behalf of each participant in
submitting and maintaining the evidence of financial responsibility.
(5) The requirements for evidence of financial responsibility for
motor carriers covered by this Act shall be determined under section
80 of the Motor Carrier Act of 1980, Public Law 96-296. Ante. p. 820
(c) Any claim authorized by section 107 or 111 may be asserted
directly against any guarantor providing evidence of financial
responsibility as required under this section. In defending such a
claim, the guarantor may invoke all rights and defenses which would
be available to the owner or operator under this title. The guarantor
may also invoke the defense that the incident was caused by the
willful misconduct of the owner or operator, but such guarantor may
not invoke any other defense that such guarantor might have been
entitled to invoke in a proceeding brought by the owner or operator
against him.
(d) Any guarantor acting in good faith against which claims under
this Act are asserted as a guarantor shall be liable under section 107
or section 112(c) of this title only up to the monetary limits of the
policy of insurance or indemnity contract such guarantor has under-
taken or of the guaranty of other evidence of financial responsibility
furnished under section 108 of this Act, and only to the extent that
liability is not excluded by restrictive endorsement: Provided, That
this subsection shall not alter the liability of any person under
section 107 of this Act.
PENALTY
Sec. 109. Any person who, after notice and an opportunity for a 42 use 9609,
hearing, is found to have failed to comply with the requirements of
section j.08, the regulations issued thereunder, or with any denial or
detention order shall be liable to the United States for a civil penalty,
not to exceed $10,000 for each day of violation.
EMPLOYEE PROTECTION
Sec. 110. (a) No person shall fire or in any other way discriminate 42 use 96io.
against, or cause to be fired or discriminated against, any employee or
any authorized representative of employees by reason of the fact that
such employee or representative has provided information to a State
or to the Federal Government, filed, instituted, or caused to be filed
or instituted any proceeding under this Act, or has testified or is
about to testify in any proceeding resulting from the administration
or enforcement of the provisions of this Act.
(b) Any employee or a representative of employees who believes
that he has been fired or otherwise discriminated against by any
person in violation of subsection (a) of this section may, within thirty
days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy of
the application shall be sent to such person, who shall be the
respondent. Upon receipt of such application, the Secretary of Labor
shall cause such investigation to be made as he deems appropriate.
Such investigation shall provide an opportunity for a public hearing
at the request of any party to such review to enable the parties to
-------
94 STAT. 2788 PUBLIC LAW 96-510-DEC. 11, 1980
present information relating to such alleged violation. The parties
K be given written notice of the time and place of the hearing at
least five days prior to the hearing. Any such hearing ehadl be of
record and shall be subject to section 554 of title 5, Imited States
Code. Upon receiving the report of such investigation, the Secretary
ofLabor shall make findings of fact. If he finds that such violation did
occur, he shall issue a decision, incorporating an order therein and
v»ift findings reouiring the party committing such violation to take
to abate the violation u the Secretary.of
Labor deems appropriate, including, but not luutad to, the rehiny
or reinstatement of the employee or representative of employees to
his former position with compensation. If he finds that there was no
such violation, he shall issue an order denying the application. Such
order issued by the Secretary of Labor under this subparagraph shall
be subject to judicial review in the same manner as orders and
decisions are subject to judicial review under this Act.
(c) Whenever an order is issued under this section to abate such
violation, at the request of the applicant a sum equal to the aggregate
amount of all costs and expenses (including the attorneys fees)
determined by the Secretary of Labor to have been reasonably
Erred by the applicant for, or in connection with, the institution
and prosecution oYsuch proceedings, shall be assessed against the
person committing such violation.
(d) This section shall have no application to any employee who
acting without discretion from his employer (or his agent) deliber-
ately violates any requirement of this Act. . ^ 4, ,
(e) The President shall conduct continuing evaluations of potential
loss of shifts of employment which mayresultfrom the administer*
tion or enforcement of the provisions of this Act, including, where
appropriate, investigating threatened plant closures or reductions in
employment allegedly resulting from such admmistration or eirforce-
ment. Any employee who is discharged, or kid off, threatened with
discharge or layoff, or otherwise discriminated against by any person
becauseof the Alleged results of such administration or enforcement,
oTany representative of such employee, may request the Prwident to
conduct a full investigation of the matter and, at the request of any
party, shall hold public hearings require the parties, mclu
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2789
(1) payment of governmental response costs incurred pursuant
to section 104 of this title, including costs incurred pursuant to
the Intervention on the High Seas Act; 33 USC 1471
(2) payment of any claim for necessary response costs incurred note
by any other person as a result of carrying out the national
contingency plan established under section 311(c) of the Clean
Water Act and amended by section 105 of this title: Provided, 33 use 1321.
however, That such costs must be approved under said plan and
certified by the responsible Federal official;
(3) payment of any claim authorized by subsection (b) of this
section and finally decided pursuant to section 112 of this title,
including those costs set out in subsection 112(cX3) of this title;
and
(4) payment of costs specified under subsection (c) of this
section.
The President shall not pay for any administrative costs or expenses
out of the Fund unless such costs and expenses are reasonably
necessary for and incidental to the implementation of this title.
(b) Claims asserted and compensable but unsatisfied under provi-
sions of section 311 of the Clean Water Act, which are modified by
section 304 of this Act may be asserted against the Fund under this Post, p. 2809.
title; and other claims resulting from a release or threat of release of
a hazardous substance from a vessel or a facility may be asserted
against the Fund under this title for injury to, or destruction or loss
of, natural resources, including cost for damage assessment: Pro-
vided, however, That any such claim may be asserted only by the
President, as trustee, for natural resources over which the United
States has sovereign rights, or natural resources within the territory
or the fishery conservation zone of the United States to the extent
they are managed or protected by the United States, or by any State
for natural resources within the boundary of that State belonging to,
managed by, controlled by, or appertaining to the State.
(c) Uses of the Fund under subsection (a) of this section include—
(1) the costs of assessing both short-term and long-term injury
to, destruction of, or loss of any natural resources resulting from
a release of a hazardous substance;
(2) the costs of Federal or State efforts in the restoration,
rehabilitation, or replacement or acquiring the equivalent of any
natural resources injured, destroyed, or lost as a result of a
release of a hazardous substance;
(3) subject to such amounts as are provided in appropriation
Acts, the costs of a program to identify, investigate, and take
enforcement and abatement action against releases of hazardous
substances;
(4) the costs of epidemiologic studies, development and mainte-
nance of a registry of persons exposed to hazardous substances to
allow long-term health effect studies, and diagnostic services not
otherwise available to determine whether persons in populations
exposed to hazardous substances in connection with a release or
a suspected release are suffering from long-latency diseases;
(5) subject to such amounts as are provided in appropriation
Acts, the costs of providing equipment and similar overhead,
related to the purposes of tnis Act and section 311 of the dean
Water Act, and needed to supplement equipment and services
available through contractors or other non-Federal entities, and
of establishing and maintaining damage assessment capability,
for any Federal agency involved in strike forces, emergency taw
-------
94 STAT. 2790 PUBLIC LAW 96-510—DEC. 11, 1980
forces, or other response teams under the national contingency
plan; and ....
(6) subject to such amounts as are provided in appropriation
Acts, the costs of a program to protect the health and safety of
employees involved in response to hazardous substance releases.
Such program shall be developed jointly by the Environmental
Protection Agency, the Occupational Safety and Health Admin-
istration, and the National Institute for Occupational Safety and
Health and shall include, but not be limited to, measures for
identifying and assessing hazards to which persons engqged in
removal, remedy, or other response to hazardous substaifces may
be exposed, methods to protect workers from such hazards, and
necessary regulatory and enforcement measures to assure ade-
quate protection of such employees.
(dXl) No money in the Fund may be used under subsection (c) (1)
nnd (2) of this section, nor for the payment of any claim under
subsection (b) of this section, where the injury, destruction, or loss of
natural resources and the release of a hazardous substance from
which such damages resulted have occurred wholly before the enact-
ment of this Act.
(2) No money in the Fund may be used for the payment of any claim
under subsection (b) of this section where such expenses are associated
with injury or loss resulting from long-term exposure to ambient
concentrations of air pollutants from multiple or diffuse sources.
(eXl) Claims against or presented to the Fund shall not be valid or
paid in excess of the total money in the Fund at any one time. Such
claims become valid only when additional money is collected, appro-
priated, or otherwise added to the Fund. Should the total claims
outstanding at any time exceed the current balance of the Fund, the
President shall pay such claims, to the extent authorized under this
section, in full in the order in which they were finally determined.
(2) In any fiscal year, 85 percent of the money credited to the Fund
under title II of this Act shall be available only for the purposes
specified in paragraphs (1), (2), and (4) of subsection (a) of this section.
(3) No money in the Fund shall be available for remedial action,
other than actions specified in subsection (c) of this section, with
respect to federally owned facilities. .
(4) Paragraphs (1) and (4) of subsection (a) of this section shall in the
aggregate be subject to such amounts as are provided in appropri-
fttion Acts
Regulations, (f) The President is authorized to promulgate regulations designa-
ting one or more Federal officials who may obligate money in the
Fund in accordance with this section or portions thereof. The Presi-
dent is also authorized to delegate authority to obligate money in the
Fund or to settle claims to officials of a State operating under a
contract or cooperative agreement with the Federal Government
pursuant to section 104(d) of this title.
(g) The President shall provide for the promulgation of rules and
regulations with respect to the notice to be provided to potential
injured parties by an owner and operator of any vessel, or facility
from which a hazardous substance has been released. Such rules and
regulations shall consider the scope and form of the notice which
would be appropriate to carry out the purposes of this title. Upon
promulgation of cuch rules and regulations, the owner and operator
of any vessel or facility from which a hazardous substance has been
released shall provide notice in accordance with such rules and
regulations. With respect to releases from public vessels, the Presi-
dent shall provide such notification as is appropriate to potential
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2791
injured parties. Until the promulgation of such rules and regulations,
the owner and operator of any vessel or facility from which a
hazardous substance has been released shall provide reasonable
notice to potential injured parties by publication in local newspapers
serving the affected area.
(hXl) In accordance with regulations promulgated under section
301(c) of this Act, damages for injury to, destruction of, or loss of
natural resources resulting from a release of a hazardous substance,
for the purposes of this Act and section 811(f) (4) and (5) of the Federal
Water Pollution Control Act, shall be assessed by Federal officials 33 usc 1321
designated by the President under the national contingency plan
published under section 105 of the Act, and such officials shall act for
the President as trustee under this section and section 311(fX5) of the
Federal Water Pollution Control Act.
(2) Any determination or assessment of damages for injury to,
destruction of, or loss of natural resources for the purposes of this Act
and section 311(f) (4) and (5) of the Federal Water Pollution Control
Act shall have the force and effect of a rebuttable presumption on
behalf of any claimant (including a trustee under section 107 of this
Act or a Federal agency) in any judicial or adjudicatory administra-
tive proceeding under this Act or section 311 of the Federal Water
Pollution Control Act.
(i) Except in a situation requiring action to avoid an irreversible
loss of natural resources or to prevent or reduce any continuing
danger to natural resources or similar need for emergency action,
funds may not be used under this Act for the restoration, rehabilita-
tion, or replacement or acquisition of the equivalent of any natural
resources until a plan for the use of such funds for such purposes has
been developed and adopted by affected Federal agencies and the
Governor or Governors of any State having sustained damage to
natural resources within its borders, belonging to, managed by or
appertaining to such State, after adequate public notice and opportu-
nity for hearing and consideration of all public comment.
(j) The President shall use the money in the Post-closure Liability
Fund for any of the purposes specified in subsection (a) of this section
with respect to a hazardous waste disposal facility for which liability
has transferred to such fund under section 107(k) of this Act, and, in
addition, for payment of any claim or appropriate request for costs of
response, damages, or other compensation for injury or loss under
section 107 of this Act or any other State or Federal law, resulting
from a release of a hazardous substance from such a facility.
(k) The Inspector General of each department or agency to which
responsibility to obligate money in the Fund is delegated shall Report to
provide an audit review team to audit all payments, obligations, Congre88,
reimbursements, or other uses of the Fund, to assure that the Fund is
being properly administered and that claims are being appropriately
and expeditiously considered. Each such Inspector General shall
submit to the Congress an interim report one year after the establish-
ment of the Fund and a final report two years after the establishment
of the Fund. Each such Inspector General shall thereafter provide
such auditing of the Fund as is appropriate. Each Federal agency
shall cooperate with the Inspector General in carrying out this
subsection.
(1) To the extent that the provisions of this Act permit, a foreign
claimant may assert a claim to the same extent that a United States
claimant may assert a claim if—
-------
94 STAT. 2792 PUBLIC LAW 96-510—DEC. 11, 1980
(1) the release of a hazardous substance occurred (A) in the
navigable waters or (B) in or on the territorial sea or adjacent
shoreline of a foreign country of which the claimant is a resident;
(2) the claimant is not otherwise compensated for his loss;
(3) the hazardous substance was released from a facility or
from a vessel located adjacent to or within the navigable waters
or was discharged in connection with activities conducted under
the Outer Continental Shelf Lands Act, as amended (43 U.S.C.
1331 et seq.) or the Deepwater Port Act of 1974, as amended (33
U.S.C. 1501 et seq,); and
(4) recovery is authorized by a treaty or an executive agree-
ment between the United States and foreign country involved, or
if the Secretary of State, in consultation with the Attorney
General and other appropriate officials, certifies that such coun-
try provides a comparable remedy for United States claimants.
CLAIMS PROCEDURE
42 use 9612. Sec. 112. (a) All claims which may be asserted against the Fund
pursuant to section 111 of this title shall be presented in the first
instance to the owner, operator, or guarantor of the vessel or facility
from which a hazardous substance has been released, if known to the
claimant, and to any other person known to the claimant who may be
liable under section 107 of this title. In any case where the claim has
not been satisfied within sixty days of presentation in accordance
with this subsection, the claimant may elect to commence an action
in court against such owner, operator, guarantor, or other person or
to present the claim to the Fund for payment.
0>X1) The President shall prescribe appropriate forms and proce*
dures for claims filed hereunder, which shall include a provision
requiring the claimant to make a sworn verification of the claim to
the best of his knowledge. Any person who knowingly gives or causes
to be given any false information as a part of any such claim shall,
upon conviction, be fined up to $5,000 or imprisoned for not more
than one year, or both.
(2XA) Upon receipt of any claim, the President shall as soon as
practicable inform any known affected parties of the claim and shall
attempt to promote and arrange a settlement between the claimant
and any person who may be liable. If the claimant and alleged liable
party or parties can agree upon a settlement, it shall be final and
binding upon the parties thereto, who will be deemed to have waived
nil recourse against the Fund.
(B) Where a liable party is unknown or cannot be determined, the
claimant and the President shall attempt to arrange settlement of
any claim against the Fund. The President is authorized to award and
make payment of such a settlement, subject to such proof and
procedures as he may promulgate by regulation.
(C) Except as provided in subparagraph (D) of this paragraph, the
President shall use the facilities and services of private insurance and
claims adjusting organizations or State agencies in implementing
this subsection and may contract to pay compensation for those
facilities and services. Any contract made under the provisions of this
paragraph may be made without regard to the provisions of section
3709 of the Revised Statutes, as amended (41 U.S.C. 5), upon a
showing by the President that advertising is not reasonably practica-
ble. When the services of a State agency are used hereunder, no
payment may be made on a claim asserted on behalf of that State or
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2793
any of its agencies or subdivisions unless the payment has been
approved by the President.
(D) To the extent necessitated by extraordinary circumstances,
where the services of such private organizations or State agencies are
inadequate, the President may use Federal personnel to implement
this subsection.
(3) If no settlement is reached within forty-five days of filing of a
claim through negotiation pursuant to this section, the President
may, if he is satisfied that the information developed during the
processing of the claim warrants it, make and pay an award of the
claim. If the claimant is dissatisfied with the award, he may appeal it
in the manner provided for in subparagraph (G) of paragraph (4) of
this subsection. If the President declines to make an award, ne shall
submit the claim for decision to a member of the Board of Arbitrators
established pursuant to paragraph (4).
(4XA) Witnin ninety aays of the enactment of this Act, the Presi-
dent shall establish a Board of Arbitrators to implement this subsec-
tion. The Board shall consist of as many members as the President
may determine will be necessary to implement this subsection
expeditiously, and he may increase or decrease the size of the Board
at any time in his discretion in order to enable it to respond to the
demands of such implementation. Each member of the Board shall be
selected through utilization of the procedures of the American
Arbitration Association: Provided, however, That no regular employee
of the President or any of the Federal departments, administra-
tions, or agencies to whom he delegated responsibilities under this
Act shall act as a member of the Board.
(B) Hearings conducted hereunder shall be public and shall be held
in such place as may be agreed upon by the parties thereto, or, in the
absence of such agreement, in such place as the President deter-
mines, in his discretion, will be most convenient for the parties
thereto.
(C) Hearings before a member of the Board shall be informal, and
the rules of evidence prevailing in judicial proceedings need not be
required. Each member of the Board shall have the power to adminis-
ter oaths and to subpena the attendance and testimony of witnesses
and the production of books, records, and other evidence relative or
pertinent to the issues presented to him for decision. Testimony may
be taken by interrogatory or deposition. Each person appearing
before a member of the Board shall have the right to counsel.
Subpenas shall be issued and enforced in accordance with procedures
in subsection (d) of Bection 555 of title 5, United States Code, and rules
promulgated by the President. If a person fails or refuses to obey a
subpena, the President may invoke the aid of the district court of the
United States where the person is found, resides, or transacts
business in requiring the attendance and testimony of the person and
the production by him of books, papers, documents, or any tangible
things.
(D) In any proceeding before a member of the Board, the claimant
shall bear the burden of proving his claim. Should a member of the
Board determine that further investigations, monitoring, surveys,
testing, or other information gathering would be useful and neces-
sary in deciding the claim, he may request the President in writing to
undertake such activities pursuant to section 104(b) of this title. The
President shall dispose of such a request in his sole discretion, taking
into account various competing demands and the availability of the
technical and financial capacity to conduct such studies, monitoring,
and investigations. Should the President decide to undertake the
-------
94 STAT. 2794 PUBLIC LAW 96-510 DEC. 11, 1980
requested actions, all time requirements for the processing and
deciding of claims hereunder shall be suspended until the President
reports the results thereof to the member of the Board.
(E) All costs and expenses approved by the President attributable to
the employment of any member of the Board shall be payable from
the Fund, including fees and mileage expenses for witnesses sum-
moned by such members on the same basis and to the same extent as
if such witnesses were summoned before a district court of the United
(F) All decisions rendered by members of the Board shall be in
writing, with notification to all appropriate parties, and shall be
rendered within ninety days of submission of a claim to a member,
unless all the parties to the claim agree m writing to an extension or
unless the President extends the time limit pursuant to subpara-
^(G)1An°dedSons rendered by members of the Board shall be final,
and any party to the proceeding may appeal such a decision within
thirty days of notification of the award or decision Any such appeal
shall be made to the Federal district court for the district where the
arbitral hearing took place. In any such appeal, the award or decision
of the member of the Board shall be considered binding and conclu-
sive, and shall not be overturned except for arbitrary or capricious
abuse of the member's discretion: Provided however, That no such
award or decision shall be admissible as evidence of any issue of fact
or law in any proceeding brought under any other provision of this
Act or under any other provision of law. Nor shall any preaxbitral
settlement reached pursuant to subsection (bX2XA) of this section be
admissible as evidence in any such proceeding.
(H) Within twenty days of the expiration of the appeal period for
any arbitral award or decision, or within twenty days of the final
judicial determination of any appeal token Pursuant to this subsec-
tion, the President shall pay any such award from the Fund. The
President shall determine the method, terms, and time of payment.
(I) If at any time the President determines that, because of a lar^e
number of claims arising from any incident or set of incidents, it is in
the best interests of the parties concerned, he may extend the time for
prearbitral negotiation or for rendering an arbitral decision pursuant
to this subsection by a period not to exceed six^days.He mayalso
group such claims for submission to a member of the Board of
A fcXl?Payment of any claim by the Fund under this section shall be
subject to the United States Government acquiring by subrogation
the rights of the claimant to recover those costs of removal or
damages for which it has compensated the claimant from the person
responsible or liable for such release.
(2) Any person, including the Fund, who pays compensation pursu-
ant to tnisAct to any claimant for damage or costs raultiM from a
release of a hazardous substance shall be subrogated to aU rights,
dainS and causes of action for such damages and costs of removal
that the claimant has under this Act or any other law.
(3) Upon request of the President, the Attorney General shall
commence an action on behalf of the Fund to recover any compensa-
tion paid by the Fund to any claimant pursuant to this title, and,
without regard to any limitation of liability, allinterat,admmwtra-
tive and adjudicative costs, and attorney's fees incurred by the Fund
by reason of the claim. Such an actionJW "jW*
any owner, operator, or guarantor, or against any other person who is
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2795
liable, pursuant to any law, to the compensated claimant or to the
Fund, for the damages or costs for which compensation was paid.
(d) No claim may be presented, nor may an action be commenced
for damages under this title, unless that claim is presented or action
commenced within three years from the date of the discovery of the
loss or the date of enactment of this Act, whichever is later: Pwvided,
however, That the time limitations contained herein shall not begin
to run against a minor until he reaches eighteen years of age or a
legal representative is duly appointed for him, nor against an
incompetent person until his incompetency ends or a legal repre-
sentative is duly appointed for him.
(e) Regardless of any State statutory or common law to the
contrary, no person who asserts a claim against the Fund pursuant to
this title shall be deemed or held to have waived any other claim not
covered or assertable against the Fund under this title arising from
the same incident, transaction, or set of circumstances, nor to have
split a cause of action. Further, no person asserting a claim against
the Fund pursuant to this title shall as a result of any determination
of a question of fact or law made in connection witn that claim be
deemed or held to be collaterally estopped from raising such question
in connection with any other claim not covered or assertable against
the Fund under this title arising from the same incident, transaction,
or set of circumstances.
LITIGATION, JURISDICTION AND VENUE
Sec. 113. (a) Review of any regulation promulgated under this Act 42 use 9613.
may be had upon application by any interested person only in the
Circuit Court of Appeals of the United States for the District of
Columbia. Any such application shall be made within ninety days
from the date of promulgation of such regulations. Any matter with
respect to which review could have been obtained under this subsec-
tion shall not be subject to judicial review in any civil or criminal
proceeding for enforcement or to obtain damages or recovery of
response costs.
(b) Except as provided in subsection (a) of this section, the United
States district courts shall have exclusive original jurisdiction over
all controversies arising under this Act, without regard to the
citizenship of the parties or the amount in controversy, venue shall
lie in any district in which the release or damages occurred, or in
which the defendant resides, may be found, or has his principal office.
For the purposes of this section, the Fund shall reside in the District
of Columbia.
(c) The provisions of subsections (a) and (b) of this section shall not
apply to any controversy or other matter resulting from the assess-
ment of collection of any tax, as provided by title 11 of this Act, or to
the review of any regulation promulgated under the Internal Reve-
nue Code of 1954. 26 use 1 et seq.
(d) No provision of this Act shall be deemed or held to moot any
litigation concerning any release of any hazardous substance, or any
damages associated therewith, commenced prior to enactment of this
Act
RELATIONSHIP TO OTHER LAW
Sec. 114. (a) Nothing in this Act shall be construed or interpreted as 42 USC 9614.
preempting any State from imposing any additional liability or
-------
94 STAT. 2796
PUBLIC LAW 96-510—DEC. 11, 1980
42 USC 9615.
Hazardous
Substance
Response
Revenue Act of
1980.
26 USC 1 note.
26 USC 1 el seq.
requirements with respect to the release of hazardous substances
^(b)* Any person who receives compensation for removal costs or
damages or claims pursuant to this Act shall be precluded from
recovering compensation for the same removal costs or damages or
claims pursuant to any other State or Federal law. Any person who
receives compensation for removal costs or damages or claims;pursu-
ant to any other Federal or State law sha 1 be precluded from
receiving compensation for the same removal costs or damages or
claims as provided in this Act. .
(c) Except as provided in this Act, no person may be required to
contribute to any fund, the purpose of which is to pay compensation
for claims for any costs of response or damages or claims which may
be compensated under this title. Nothing m this section shall pre-
elude any State from using general revenues for such a fund, or from
imposing a tax or fee upon any person or upon any substance in order
to finance the purchase or prepositioning of hazardous substance
response equipment or other preparations for the response to a
release of hazardous substances which affects such State.
(d) Except as provided in this title, no owner or operator of a vessel
or facility who establishes and maintains evidence of financial
responsibility in accordance with this title shal be required under
anyState or local law, rule, or regulation to establish or maintain any
other evidence of financial responsibility m connection with liability
for the release of a hazardous substance from such vessel or facility.
Evidence of compliance with the financial responsibility require-
ments of this title shall be accepted by a State m lieu of any other
requirement of financial responsibility imposed by such State in
connection with liability for the release of a hazardous substance
from such vessel or facility.
AUTHORITY TO DELEGATE, ISSUE REGULATIONS
Sec. 115. The President is authorized to delegate and assign any
duties or powers imposed upon or assigned to him and to promulgate
any regulations necessary to carry out the provisions of this title.
TITLE II—HAZARDOUS SUBSTANCE
RESPONSE REVENUE ACT OF 1980
SEC. 201. SHORT TITLE; AMENDMENT OF 1954 CODE.
(a) Short TiTLE.-This title may be cited as the "Hazardous
Substance Response Revenue Act of 19«w • .
(b) Amendment of 1954 CoDE.-Except as otherwise expressly
provided, whenever in this title an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1954.
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2797
Subtitle A—Imposition of Taxes on Petroleum
and Certain Chemicals
SEC. 211. IMPOSITION OF TAXES.
(a) General Rule.—Subtitle D (relating to miscellaneous excise
taxes) is amended by inserting after chapter 37 the following new
chapter:
"CHAPTER 38—ENVIRONMENTAL TAXES
''Subchapter A. Tax on petroleum.
"Subchapter B. Tax on certain chemicals.
"Subchapter A—Tax on Petroleum
"Sec. 4611. Imposition of tax.
"Sec. 4612. Definitions and special rules.
"SEC. 4611. IMPOSITION OP TAX. 26 USC 4611
"(a) General Rule.—There is hereby imposed a tax of 0.79 cent a
barrel on—
"(1) crude oil received at a United States refinery, and
"(2) petroleum products entered into the United States for
consumption, use, or warehousing.
"(b) Tax on Certain Uses and Exportation.—
"(1) In general.—If—
"(A) any domestic crude oil is used in or exported from the
United States, and
"(B) before such use or exportation, no tax was imposed on
such crude oil under subsection (a),
then a tax of 0.79 cent a barrel is hereby imposed on such crude
oil.
"(2) Exception for use on premises where produced.—Para-
graph (1) shall not apply to any use of crude oil for extracting oil
or natural gas on the premises where such crude oil was
produced.
"(c) Persons Liable for Tax.—
"(1) Crude oil received at refinery.—The tax imposed by
subsection (aXl) shall be paid by the operator of the United States
refinery.
"(2) Imported petroleum product.—The tax imposed by sub-
section (a)(2) shall be paid by the person entering the product for
consumption, use, or warehousing.
"(3) Tax on certain uses or exports.—The tax imposed by
subsection (b) shall be paid by the person using or exporting the
crude oil, as the case may be.
"(d) Termination.—The taxes imposed by this section shall not
apply after September 30,1985, except that if on September 30,19S3,
or September 30,1984—
"(1) the unobligated balance in the Hazardous Substance
Response Trust Fund as of such date exceeds $900,000,000, and
"(2) the Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that such
unobligated balance will exceed $500,000,000 on September 30 of
the following year if no tax is imposed under section 4611 or 4661 Post, p. 2798.
during the calendar year following the date referred to above,
-------
94 STAT 2798 PUBLIC LAW 96—510—DEC. 11, 1980
then no tax shall be imposed by this section during the first calendar
year beginning after the date referred to in paragraph (1).
26 USC 4612. -SEC. 4612. DEFINITIONS AND SPECIAL RULES.
"(a) Definitions.—For purposes of this subchapter—
"(1) Crude oil.—The term 'crude oil includes crude oil conden-
sates and natural gasoline. ^ ^ ,,
"(2) Domestic crude oil.—The term domestic crude oil means
any crude oil produced from a well located in the United States.
'¦(3) Petroleum product.—The term 'petroleum product' in-
cludes crude oil.
"(4) United states.
"(A) In general.—The term 'United States' means the 60
States, the District of Columbia, the Commonwealth of
Puerto Rico, any possession of the United States, the Com-
monwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
"(B) United states includes continental shxlf areas.—
26 use 638. The principles of section 638 shall apply for purposes of the
term'United States'.
"(C) United states includes foreign trade zones.—The
term 'United States' includes any foreign trade sone of the
United States.
"(5) United states refinery.—The term United States refin-
ery' means any facility in the United States at which crude oil Is
refined.
"(6) Refineries which produce natural gasoline.—In the
case of any United States refinery which produces natural
gasoline from natural gas, the gasoline so produced shall be
treated as received at such refinery at the tune so produced.
"(7) Premises.—The term 'premises has the sane meaning as
when used for purposes of determining gross income from the
properly under section 613.
"(8) Barrel.—The term 'barrel means 42 United States
gallons.
"(9) Fractional part of barrel.-—In the case of a fraction of a
barrel, the tax imposed by section 4611 shall be the same fraction
of the amount of such tax imposed on a whole barrel.
"(b) Only 1 Tax Imposed with Respect to Any Product.—No tax
Ante, p. 2797. shall be imposed by section 4611 wth respect to any petroleum
product if the person who would be liable for such tax eetablishes that
a prior tax imposed by such section has been imposed with respect to
such product. _ _
"(c) Disposition of Revenues From Puerto Rioo and the Vntom
Islands.—The provisions of subsections (a)(8) and CbX8) of section
7662 shall not apply to any tax imposed by section 4611.
"Subchapter B—Tax on Certain Chemicals
"Sec. 4661. Imposition of tu.
"8ec. 4662. Definition* and ipecinl rules.
26 USC 4661. "gEC. 4661. IMPOSITION OP TAX.
"(a) General Rule.—There is hereby imposed a tax on any taxable
chemical sold by the manufacturer, producer, or importer thereof.
"(b) Amount of Tax.—The amount of the tax imposed by subset
tlon (a) shall be determined in accordance with the following table:
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2799
The tax It the following
"In the case oft amount per ton
Acetylene. . $4.87
Benzene 4.87
Butane 4.87
Butylene , 4.87
Butadiene ... 4.87
Ethylene 4.87
Methane 3.44
Naphthalene 4.87
Propylene 4.87
Toluene 4.87
Xylene 4.87
Ammonia 2.64
Antimony . 4.45
Antimony trioxide 3.75
Arsenic 4.45
Arsenic trioxide..... 3.41
Barium sulfide 2.80
Bromine 4.45
Cadmium . 4.45
Chlorine 2.70
Chromium...... 4.45
Chromite 1.52
Potassium dichramate. 1.69
Sodium dichromate 1.87
Cobalt 4.45
Cuprte sulfate 1.87
Cupric oxide ....... 3.59
Cuprous oxide... 8.97
Hydrochloric add 0.29
Hydrogen fluoride 4.28
Lead oxide. - 4.14
Mercury 4.45
Nickel 4.45
Phosphorus . 4.45
Stannous chloride 2.85
Stannic chloride.... - 2.12
Zinc chloride. - 2.22
Zinc sulfate 1.90
Potassium hydroxide 0.22
Sodium hydroxide - 0.28
Sulfuric add — ...» 0.28
Nitric add 0.24
"(c) Termination.—No tax shall be imposed under this section
during any period during which no tax is imposed under section
4611(a).
"8EC. 4662. DEFINITIONS AND SPECIAL RULE8. 26 USC 4662.
"(a) Definitions.—For purposes of this subchapter—
"(1) Taxable chemical.—Except as provided in subsection (b),
the term 'taxable chemical' means any substance—
"(A) which is listed in the table under section 4661(b), and Ante, p 2798.
"(B) which is manufactured or produoed in the United
States or entered into the United States for consumption,
use, or warehousing.
"(2) United states.—The term 'United States' has the mean-
ing given such term by section 4612(aX4). Ante- p 2798
"(3) Importer.—The term 'importer' means the person enter-
ing the taxable chemical for consumption, use, or warehousing.
"(4) Ton.—The term 'ton' means 2,000 pounds. In the case of
any taxable chemical which is a gas, the term 'ton' means the
amount of such gas in cubic feet which is the equivalent of 2,000
pounds on a molecular weight basis.
-------
94 STAT. 2800 PUBLIC LAW 96-510-DEC. 11, 1980
«(5) Fractional part op ton-—In the case of a fraction of a
Am, d 2798 ton, the tax imposed by section 4661 shall be the same fraction of
the amount of such tax imposed on a whole ton.
"(b) Exceptions; Other Special Rules.—For purposes of this
subchapter^^^^ OR BUTANE used as a fuel.—Under regulations
prescribed by the Secretary, methane or butane shall be treated
as a taxable chemical only if it is used otherwise than as a fuel
(and, for purposes of section 4661(a), the person so using it shall
be treated as the manufacturer thereof).
"(2) Substances used in the production of fertilizer.—
"(A) In general.—In the case of nitric acid, sulfuric acid,
ammonia, or methane used to produce ammonia which is a
qualified substance, no tax shall be imposed under section
4661(a).
"(B) Qualified substance—For purposes of this section,
the term 'qualified substance' means any substance—
"(i) used in a qualified use by the manufacturer,
producer, or importer, .
"(ii) sold for use by the purchaser in a qualified use, or
"(iii) sold for resale by the purchaser to a second
purchaser for use by such second purchaser in a quali-
fied use.
"(C\ Ouat tpipn usf For purposes of this subsection, the
term 'quXfKd a"e? means £ny<« in the manufacture or
production of a fertilizer.
"(3) Sulfuric acid produced as a byproduct of air pollution
control.—In the case of sulfuric acid produced solely as a
byproduct of and on the same site as air pollution control
equipment, no tax shall be imposed under section 4661. ,
"(4) Substances derived from coal.—r or purposes of this
subchapter, the term 'taxable chemical shall not include any
substance to the extent derived from coal.
"(c) Use by Manufacturer, Etc., Considered Sale.—If any person
manufactures, produces, or imports a taxable chemical and uses such
chemical, then such person shall be liable for tax under section 4661
in the same manner as if such chemical were sold by such person.
"(d) Refund or Credit for Certain Uses.—
"(1) In general.—Under regulations prescribed by the Secre-
tarv if—
" "(A) a tax under section 4661 was paid with respect to any
taxable chemical, and
"(B) such chemical was used by any person in the manu-
facture or production of any other substance the sale of
which by such person would be taxable under such section,
then an amount equal to the tax so paid shall be allowed as a
credit or refund (without interest) to such person in the same
manner as if it were an overpayment of tax imposed by such
section. In any case to which this paragraph applies, the amount
of any such credit or refund shall not exceed the amount of tax
imposed by such section on the other substance manufactured or
Pr"?2)CUsE as fertilizer.—Under regulations prescribed by the
^ficrstsrv if——
"(A) a tax under section 4661 was paid with respect to
nitric acid, sulfuric acid, ammonia, or methane used to make
ammonia without regard to subsection (b)(2), and
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2801
"(B) any person uses such substance, or sells such sub-
stance for use, as a qualified substance,
then an amount equal to the excess of the tax so paid over the tax
determined with regard to subsection (bX2) shall be allowed as a
credit or refund (without interest) to such person in the same
manner as if it were an overpayment of tax imposed by this
section.
"(e) Disposition of Revenues From Puerto Rico and the Virgin
Islands.—The provisions of subsections (aX3) and (bX3) of section
7652 shall not apply to any tax imposed by section 4661.". 26 use 7652.
(b) Clerical Amendment.—The table of chapters for subtitle D is Ante- p 2798
amended by inserting after the item relating to chapter 37 the
following new item:
"Chapter 38. Environmental taxes.".
(c) Effective Date.—The amendments made by this section shall 26 USC 4611
take effect on April 1,1981. note
Subtitle B—Establishment of Hazardous
Substance Response Trust Fund
SEC. 221. ESTABLISHMENT OP HAZARDOUS SUBSTANCE RESPONSE TRUST 42 USC 9631
FUND.
(a) Creation of Trust Fund.—There is established in the Treasury
of the United States a trust fund to be known as the "Hazardous
Substance Response Trust Fund" (hereinafter in this subtitle re-
ferred to as the "Response Trust Fund"), consisting of such amounts
as may be appropriated or transferred to such Trust Fund as provided
in this section.
(b) Transfers to Response Trust Fund.—
(1) Amounts equivalent to certain taxes, etc.—There are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, to the Response Trust Fund amounts
determined by tne Secretary of the Treasury (hereinafter in this
subtitle referred to as the "Secretary") to be equivalent to—
(A) the amounts received in the Treasury under section
4611 or 4661 of the Internal Revenue Code of 1954, Ante, pp. 2797,
(B) the amounts recovered on behalf of the Response Trust 2798
Fund under this Act,
(C) all moneys recovered or collected under section
311(bX6XB) of the Clean Water Act, 33 use 1321.
(D) penalties assessed under title I of this Act, and
(E) punitive damages under section 107(cX8) of this Act.
(2) Authorization for appropriations.—There is authorized
to be appropriated to the Emergency Response Trust Fund for
flO/tal traQti.
(A) 1981, $44,000,000,
(B) 1982, $44,000,000,
(C) 1983, $44,000,000,
(D) 1984, $44,000,000, and
(E) 1985, $44,000,000, plus an amount equal to so much of
the aggregate amount authorized to be appropriated under
subparagraphs (A), (B), (C), and (D) as has not been appropri-
ated before October 1,1984.
(3) Transfer of funds.—There shall be transferred to the
Response Trust Fund—
-------
94 STAT. 2802 PUBLIC LAW 96-510—DEC. 11, 1980
(A) one-half of the unobligated balance remaining before
the date of the enactment of this Act under the Fund in
33 use 1321. section 311 of the Clean Water Act, and
(B) the amounts appropriated under section 504(b) of the
Clean Water Act during any fiscal year.
(c) Expenditures From Response Trust Fund.—
(1) In general.—Amounts in the Response Trust Fund shall be
available in connection with releases or threats of releases of
hazardous substances into the environment only for purposes of
making expenditures which are described in section 111 (other
than subsection (j) thereof) of this Act, as in effect on the date of
the enactment of this Act, including—
(A) response costs,
(B) claims asserted and compensable but unsatisfied under
section 311 of the Clean Water Act,
(C) claims for injury to, or destruction or loss of, natural
resources, and
(D) related costs described in section 111(c) of this Act.
(2) Limitations on expenditures.—At least 85 percent of the
amounts appropriated to the Response Trust Fund under subsec-
tion (b) (1XA) and (2) shall be reserved—
(A) for the purposes specified in paragraphs (1), (2), and (4)
of section 111(a) of this Act, and
(B) for the repayment of advances made under section
223(c), other than advances subject to the limitation of
section 223(cX2XC).
42 USC 9632. SEC, 222. LIABILITY OF UNITED STATES LIMITED TO AMOUNT IN TRUST
FUND.
in any amendment maae oy mis uk paviueiu Dy
the United States Government of any additional amount with respect
to any such claim out of any source other than the Response Trust
Fund. ,ntitmi TTwDAm Hlaims Are To Be Paid.—If at any
(b) Order in 3pun(j j8 unable (by reason of subsection (a) or
time the ResponseTrust g-a ^ pay all of the claims payable out
the limitation of sectionfflUc^toP^ ^
™ to
they were finally determined.
*9 USC 9633 SEC. 223. ADMINISTRATIVE PROVISIONS.
42 USC DM*. __ A. TC3i,Pp _The amounts appropriated by section
PJ transferred at least monthly from the general fund
221(b)(1) shall p Trust Fund on the basis of estimates
referred to in such section,
made by ^ made in the amount subsequently
sSSESkbsgasa—»—"-1—
Trust 30,1981, on the financial condition
ending ®f the o perations of such Trust Fund during such
and the results ot the o^rauon dm and operations Juring
SM B A report Sh.U be prEted a, . hSS
-------
PUBLIC LAW 96-510—DEC. 11,1980 94 STAT. 2803
document of the session of the Congress to which the report is
made.
(2) Investment.—It shall be the duty of the Secretary to invest
such portion of such Trust Fund as is not, in his judgment,
required to meet current withdrawals. Such investments shall be
in public debt securities with maturities suitable for the needs of
such Trust Fund and bearing interest at rates determined by the
Secretary, taking into consideration current market yields on
outstanding marketable obligations of the United States of
comparable maturities. The income on such investments shall be
credited to and form a part of such Trust Fund.
(c) Authority To Borrow.—
(1) In general.—There are authorized to be appropriated to Appropriation
the Response Trust Fund, as repayable advances, such sums as authorization,
may be necessary to carry out the purposes of such Trust Fund.
(2) Limitations on advances to response trust fund.—
(A) Aggregate advances.—The maximum aggregate
amount of repayable advances to the Response Trust Fund
which is outstanding at any one time shall not exceed an
amount which the Secretary estimates will be equal to the
sum of the amounts which will be appropriated or trans-
ferred to such Trust Fund under paragraph (1XA) of section
221(b) of this Act for the following 12 montns, and
(B) Advances for payment of response costs.—No
amount may be advanced after March 31, 1983, to the
Response Trust Fund for the purpose of paying response
costs described in section 111(a) (1), (2), or (4), unless such
costs are incurred incident to any spill the effects of which
the Secretary determines to be catastrophic.
-------
94 STAT. 2804 PUBLIC LAW 96-510—DEC. 11, 1980
26 USC 4681. "SEC. 4681. IMPOSITION OF TAX.
"(a) General Rule.—There is hereby imposed a tax on the receipt
of hazardous waste at a qualified hazardous waste disposal facility,
"(b) Amount op Tax —The amount of the tax imposed by subsec-
tion (a) shall be equal to $2.13 per dry weight ton of hazardous waste.
26 USC 4682. "SEC. 4682. DEFINITIONS AND SPECIAL RULES.
"(a) Definitions.—For purposes of this subchapter—
"(1) Hazardous waste.—The term 'hazardous waste' means
any having the characteristics identified under section
42 use 6921. 3001 of the Solid Waste Disposal Act, as in effect on the date
of the enactment of this Act (other than waste the regulation
of which under such Act has been suspended by Act of
Congress on that date), or
"(B) subject to the reporting or recordkeeping require-
42 use 6922, ments of sections 3002 and 3004 of such Act, as so in effect.
6924. "(2) Qualified hazardous waste disposal facility.—The
term 'qualified hazardous waste disposal facility' means any
facility which has received a permit or is accorded interim status
42 use 6925. under section 3005 of the Solid Waste Disposal Act.
"(b) Tax Imposed on Owner or Operator.—The tax imposed by
section 4681 shall be imposed on the owner or operator of the
qualified hazardous waste disposal facility.
«(c) Tax Not To Apply to Certain Wastes.—The tax imposed by
section 4681 shall not apply to any hazardous waste which will not
remain at the qualified hazardous waste disposal facility after the
facility is closed. ^
"(d) Applicability of Section.—The tax imposed by section 4681
shall apply to the receipt of hazardous waste after September 30,
1983, except that if, as of September 30 of any subsequent calendar
year the unobligated balance of the Post-closure Liability Trust Fund
exceeds $200,000,000, no tax shall be imposed under such section
during the following calendar year.".
(b) Conforming Amendment.—The table of subchapters for chap-
ter 38 is amended by adding at the end thereof the following new
"Subchapter C—Tax on Hazardous Wastes.".
42 USC 9641 SEC. 242. POST-CLOSURE LIABILITY TRUST FUND.
(a) Creation of Trust Fund.—There is established in the Treasury
of the United States a trust fund to be known as the "Post-closure
Liability Trust Fund", consisting of such amounts as may be appro-
priated, credited, or transferred to such Trust Fund.
(b) Expenditures From Post-closure Liability Trust Fund.—
Amounts in the Post-closure LiabUity Trust Fund shall be available
only for the purposes described in sections 107(k) and lll(j) of this Act
{as in effect on the date of the enactment of this Act).
(c) Administrative Provisions.—The provisions of sections 222
and 223 of this Act shall apply with respect to the Trust Fund
established under this section, except that the amount of any repay-
able advances outstanding at any one time shall not exceed
$200,000,000.
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2805
TITLE HI—MISCELLANEOUS PROVISIONS
REPORTS AND STUDIES
Sec. 301. (aXl) The President shall submit to the Congress, within 42 use 9651.
four years after enactment of this Act, a comprehensive report on
experience with the implementation of this Act, including, but not
limited to—
(A) the extent to which the Act and Fund are effective in
enabling Government to respond to and mitigate the effects of
releases of hazardous substances;
(B) a summary of past receipts and disbursements from the
Fund;
(C) a projection of any future funding needs remaining after
the expiration of authority to collect taxes, and of the threat to
public health, welfare, and the environment posed by the
projected releases which create any such needs;
(D) the record and experience of the Fund in recovering Fund
disbursements from liable parties;
(E) the record of State participation in the system of response,
liability, and compensation established by this Act;
(F) the impact of the taxes imposed by title II of this Act on the
Nation's balance of trade with other countries;
(G) an assessment of the feasibility and desirability of a
schedule of taxes which would take into account one or more of
the following: the likelihood of a release of a hazardous sub-
stance, the degree of hazard and risk of harm to public health,
welfare, and the environment resulting from any such release,
incentives to proper handling, recycling, incineration, and neu-
tralization of hazardous wastes, and disincentives to improper or
illegal handling or disposal of hazardous materials, administra-
tive and reporting burdens on Government and industry, and the
extent to which the tax burden falls on the substances and
parties which create the problems addressed by this Act. In
preparing the report, the President shall consult with appropri-
ate Federal, State, and local agencies, affected industries and
claimants, and such other interested parties as he may find
useful. Based upon the analyses and consultation required by
this subsection, the President shall also include in the report any
recommendations for legislative changes he may deem necessary
for the better effectuation of the purposes of this Act, including
but not limited to recommendations concerning authorization
levels, taxes, State participation, liability and liability limits, and
financial responsibility provisions for the Response Trust Fund
and the Post-closure Liability Trust Fund;
(H) an exemption from or an increase in the substances or the
amount of taxes imposed by section 4661 of the Internal Revenue
Code of 1954 for copper, lead, and zinc oxide, and for feedstocks Ante, p- 2798.
when used in the manufacture and production of fertilizers,
based upon the expenditure experience of the Response Trust
Fund;
(I) the economic impact of taxing coal-derived substances and
recycled metals.
(2) The Administrator of the Environmental Protection Agency (in
consultation with the Secretary of the Treasury) shall submit to the
Congress (i) within four years after enactment of this Act, a report
identifying additional wastes designated by rule as hazardous after
the effective date of this Act and pursuant to section 3001 of the Solid
-------
94 STAT. 2806
PUBLIC LAW 96-510—DEC. 11, 1980
42 USC 6921.
Ante, p. 2336.
Ante, p. 2781.
Regulations.
Ante, p. 2779.
33 USC 1321.
Review and
revision.
Waste Disposal Act and recommendations on appropriatetax rates
for such wastes for the Post-closure Liability Trust Fund, The report
shall in addition, recommend a tax rate, considering the quantity
and potential danger to human health and the environment posed by
thP disDosal of any wastes which the Administrator, pursuant to
fubitSTaOOlfblxBTand subsection 3001 „f the Solid
Waste Disposal Act of 1980, has determmed should be subject to
regulation under subtitle C of such Act, (u) within three years after
enactment of this Act, a report on the necessity for and the adequacy
of the revenue raised, in relation to estimated future requirements, of
the Post-closure Liability Trust Fund. .
(b) The President shall conduct a study to determine (1) whether
adeauate private insurance protection is available on reasonable
terms and conditions to the owners and operators of vessels and
facilities subject to liability under section 107 of this Act, and (2)
whether the market for such insurance is sufficiently competitive to
assure purchasers of features such as a reasonable range of deducti-
bles, coinsurance provisions, and exclusions. The President shall
submit the results of his study, together with his recommendations,
within two years of the date of enactment of this Act, and shall
submit an interim report on his study within one year of the date of
enactment of this Act. . „ j i • i j •-_ * j u
(cXl) The President, acting through Federal officials designated by
the National Contingency Plan published under section 105 of this
Act, shall study and, not later than two years after the enactment of
this Act, shall promulgate regulations for the assessment of damages
for injury to, destruction of, or loss of natural resources resulting
from a release of oil or a hazardous substance for the purposes of this
Act and section 311(f) (4) and (5) of the Federal Water Pollution
^fsuch regulations shall specify.(A) standard procedures for
simplified assessments requiring minimal field observation, includ-
ing establishing measures of damages tewed on units of discharge or
release or unite of affected area, and (B) alternative protocols for
conducting assessments in individual cases to determine the type and
extent of short- and long-term injury* destruction, or loss. Such
regulations shall identify the best available procedures to determine
such damages, including both direct and indirect iiyury, destruction,
or loss and shall take into consideration factore including, but not
limited to, replacement value, use value, and ability of the ecosystem
or resource to recover. .
(3) Such regulations shall be reviewed and revised as appropriate
eV(d)y The Administrator of the Environmental Protection Agency
shall in consultation with other Federal agencies and appropriate
representatives of State and local governments and nongovernmen-
tal agencies, conduct a study and report to the Congress within two
years of the date of enactment of this Art on the issues, alternatives,
and policy considerations involved in the selection of locationsfor
hazardous waste treatment, storage, and disposal facilities. This
study s^n^^;ent of current and projected treatment, storage,
and disposal capacity needs and shortfalls for hazardous waste by
management category on a State-by-State basis;
(B) an evaluation of the appropriateness of a regional approach
to siting and designing hazardous waste management facilities
and the identification of hazardous waste management regions,
-------
PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2807
interstate or intrastate, or both, with similar hazardous waste
management needs;
(C) solicitation and analysis of proposals for the construction
and operation of hazardous waste management facilities by
nongovernmental entities, except that no proposal solicited
under terms of this subsection shall be analyzed if it involves cost
to the United States Government or fails to comply with the
requirements of subtitle C of the Solid Waste Disposal Act and 42 use 6921.
other applicable provisions of law;
(D) recommendations on the appropriate balance between
public and private sector involvement in the siting, design, and
operation of new hazardous waste management facilities;
(E) documentation of the nuyor reasons for public opposition to
new hazardous waste management facilities; and
(F) an evaluation of the various options for overcoming obsta-
cles to siting new facilities, including needed legislation for
implementing the most suitable option or options.
(eXl) In order to determine the adequacy of existing common law
and statutoiy remedies in providing legal redress for harm to man
and the environment caused by the release of hazardous substances
into the environment, there shall be submitted to the Congress a
study within twelve months of enactment of this Act.
(2) This study shall be conducted with the assistance of the
American Bar Association, the American Law Institute, the Associ-
ation of American Trial Lawyers, and the National Association of
State Attorneys General with the President of each entity selecting
three members from each organization to conduct the study. The
study chairman and one reporter shall be elected from among the
twelve members of the study group.
(3) As part of their review of the adequacy of existing common law
and statutory remedies, the study group shall evaluate the following:
(A) the nature, adequacy, and availability of existing remedies
under present law in compensating for harm to man from the
release of hazardous substances;
(B) the nature of barriers to recovery (particularly with respect
to burdens of going forward and of proof and relevancy) and the
role such barriers play in the legal system;
(C) the scope of the evidentiary burdens placed on the plaintiff
in proving harm from the release of hazardous substances,
particularly in light of the scientific uncertainty over causation
with respect to—
(i) carcinogens, mutagens, and teratogens, and
(ii) the human health effects of exposure to low doses of
hazardous substances over long periods of time;
(D) the nature and adequacy of existing remedies under pres-
ent law in providing compensation for damages to natural
resources from the release of hazardous substances;
(E) the scope of liability under existing law and the conse-
quences, particularly with respect to obtaining insurance, of any
cnanges in such liability;
(F) barriers to recovery posed by existing statutes of limita-
tions.
(4) The report shall be submitted to the Congress with appropriate
recommendations. Such recommendations shall explicitly address—
(A) the need for revisions in existing statutory or common law,
and
-------
42 USC 9652.
33 USC 1321.
94 STAT. 2808 PUBLIC LAW 96-510-DEC. 11, 1980
(B) whether such revisions should take the form of Federal
statutes or the development of a model code which is recom-
mended for adoption by the States.
(5) The Fund shall pay administrative expenses incurred for the
study No expenses shall be available to pay compensation, except
exnenses on a per diem basis for the one reporter, but in no case shall
thetoted expense of the study exceed $300,000.
(f) The President, acting through the Administrator of the Environ-
mental Protection Agency, the Secretary of Transportation, the
Administrator of the Occupational Safety and Health Administra-
tion and the Director of the National Institute for Occupational
Safety and Health shall study and, not later than two years after the
enactment of this Act, shall mod;fy the national contingency plan to
provide for the protection of the health and safety of employees
involved in response actions.
EFFECTIVE DATES, SAVINGS PROVISION
Sec. 302. (a) Unless otherwise provided, all provisions of this Act
shall be effective on the date of enactment of this Act.
(b) Any regulation issued pursuant to any provisions of section 311
of the Clean Water Act which is repealed or superseded by this Act
and which is in effect on the date immediately preceding the effective
date of this Act shall be deemed to be a regulation issued pursuant to
the authority of this Act and shall remain in full force and effect
unless or until superseded by new regulations issued thereunder.
(c) Any regulation—
(1) respecting financial responsibility,
(2) issued pursuant to any provision of law repealed or super-
seded by this Act, and
(3) in effect on the date immediately preceding the effective
date of this Act shall be deemed to be a regulation issued
pursuant to the authority of this Act and shall remain m full
force and effect unless or until superseded by new regulations
issued thereunder. ... , ,,
(d) Nothing in this Act shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including common law, with respect to releases of hazardous
substances or other pollutants or contaminants. The provisions of
this Act shall not be considered, interpreted, or construed m any way
as reflecting a determination, in part or whole, of policv regarding
the inapplicability of strict liability, or strict liability doctrines, to
activities relating to hazardous substances, pollutants, or contami-
nants or other such activities.
EXPIRATION, SUNSET PROVISION
Sec. 303. Unless reauthorized by the Congress, the authority to
collect taxes conferred by this Act shall terminate on September 30,
1985, or when the sum of the amounts received in the Treasury under
section 4611 and under 4661 of the Internal Revenue Code of 1954
total $1,380,000,000, whichever occurs first. The Secretary the
Treasury shall estimate when this level of $1,380,000,000 will be
reached and shall by regulation, provide procedures for the termina-
tion of the tax authorized by this Act and imposed under sections
4611 and 4661 of the Internal Revenue Code of 1954.
42 USC 9653.
Ante, pp 2797,
2799.
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2809
CONFORMING AMENDMENTS
Sec. 304. (a) Subsection (b) of section 504 of the Federal Water
Pollution Control Act is hereby repealed. usc 1364
(b) One-half of the unobligated balance remaining before the date of 42 usc 9654
the enactment of this Act under subsection (k) of section 311 of the
Federal Water Pollution Control Act and all sums appropriated 33 usc 1321
under section 504(b) of the Federal Water Pollution Control Act shall
be transferred to the Fund established under title II of this Act.
(c) In any case in which any provision of section 311 of the Federal
Water Pollution Control Act is determined to be in conflict with any
provisions of this Act, the provisions of this Act shall apply.
LEGISLATIVE VETO
Sec. 305. (a) Notwithstanding any other provision of law, simulta- 42 USC 9655.
neously with promulgation or repromulgation of any rule or regula-
tion under authority of title I of this Act, the head of the department,
agency, or instrumentality promulgating such rule or regulation
shall transmit a copy thereof to the Secretary of the Senate and the
Clerk of the House of Representatives. Except as provided in subsec-
tion (b) of this section, the rule or regulation shall not become
effective, if—
(1) within ninety calendar days of continuous session of Con-
gress after the date of promulgation, both Houses of Congress
adopt a concurrent resolution, the matter after the resolving
clause of which is as follows: "That Congress disapproves the rule
or regulation promulgated by the dealing with the
matter of , which rule or regulation was transmit-
ted to Congress on the blank spaces therein being
appropriately filled; or
(2) within sixty calendar days of continuous session of Congress
after the date of promulgation, one House of Congress adopts
such a concurrent resolution and transmits such resolution to
the other House, and such resolution is not disapproved by such
other House within thirty calendar days of continuous session of
Congress after such transmittal.
(b) If, at the end of sixty calendar days of continuous session of
Congress after the date of promulgation of a rule or regulation, no
committee of either House of Congress has reported or been dis-
charged from further consideration of a concurrent resolution disap-
proving the rule or regulation and neither House has adopted such a
resolution, the rule or regulation may go into effect immediately. If,
within such sixty calendar days, sucn a committee has reported or
been discharged from further consideration of such a resolution, or
either House has adopted such a resolution, the rule or regulation
may go into effect not sooner than ninety calendar days of continuous
session of Congress after such rule is prescribed unless disapproved as
provided in subsection (a) of this section.
(c) For purposes of subsections (a) and (b) of this section—
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of thirty, sixty, and ninety calendar
days of continuous session of Congress.
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94 STAT. 2810
PUBLIC LAW 96-510—DEC. 11, 1980
42 USC 9656.
Ante, p. 2767.
49 USC 1801
note.
Ante, p. 2781.
49 USC 10541.
42 USC 6911.
42 USC 6911a.
5 USC app; 42
USC 4321 note.
15 USC 2601
note. Effective
date.
42 USC 6911
note.
(d) Congressional inaction on, or rejection of, a resolution of
disapproval shall not be deemed an expression of approval of such
rule or regulation.
TRANSPORTATION
Sec. 306. (a) Each hazardous substance which is listed or designated
as provided in section 101(14) of this Act shall, within ninety days
after the date of enactment of this Act or at the time of such listing ot
designation, whichever is later, be listed as a hazardous material
under the Hazardous Materials Transportation Act.
(b) A common or contract carrier shall be liable under other law in
lieu of section 107 of this Act for damages or remedial action resulting
from the release of a hazardous substance dunng the courw of
transportation which commenced prior to the effective date of the
listing of such substance as a hazardous material under the Hazard-
ous Materials Transportation Act, or for substances listed pursuant
to subsection (a) of this section, prior to the effective date of such
listing: Provided, however, That this subsection shall not apply where
such a carrier can demonstrate that he did not have actual knowledge
of the identity or nature of the substan<» released.
(c) Section 11901 of title 49, United States Code, is amended by—
(1) redesignating subsection (Was subsection (i);
(2) by inserting "and subsection (h) after "subsection (g) in
subsection (iX2) as so redesignated by paragraph (1) of this
subsection; and ^
(3) by inserting the following new subsection (h):
"(h) A person subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title, or an officer, agent, or
employee of that person, and who is required to comply with section
10921 of this title but does not so complv with respect to the
transportation of hazardous wastes as defined the Environmental
Protection Agency pursuant to section 3001 of the Solid Waste
Disposal Act (but not including any waste the regulation of which
under the Solid Waste Disposal Act has been suspended by Congress)
shall, in any action brought by the Commission, be haW© to the
United States for a civil penalty not to exceed $20,000 for each
Viola On ^gaisxANT administrator for solid waste
Sec. 307. (a) Section 2001 of the Solid Waste Disposal Act is
amended by striking out "a Deputy Assistant and inserting in lieu
thereof "an Assistant". .
(b) The Assistant Administrator of ^© Environmental Protection
Agency appointed to head the Office of SoUd Waste shall be in
addition to the five Assistant Administrators of the Environmental
Protection Agency provided for in section 1(d) of Reorganization Plan
Numbered 3 of 1970 and the additional Assistant Administrator
provided by the Toxic Substances Control Act, shall be appointed by
the President by and with the advioe and consent of the Senate, and
shall be compensated at the rate provided for Level IV of the
Executive Schedule pay rates under section 5315 of title 5, United
St&tes Code
(c) The amendment made by subsection (a) shall become effective
ninety days after the date of the enactment of this Act.
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PUBLIC LAW 96-510—DEC. 11, 1980 94 STAT. 2811
SEPARABILITY
Sec. 308. If any provision of this Act, or the application of any 42 use 9657.
provision of this Act to any person or circumstance, is held invalid,
the application of such provision to other persons or circumstances
and the remainder of this Act shall not be affected thereby.
Approved December 11, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96-1016, pt. I (Comm. on Interstate and Foreign Commerce)
and No. 96-1016, Pt. II (Comm. on Ways and Means).
SENATE REPORT No. 96-848 accompanying S. 1480 (Comm. on Environment and
Public Works).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 18,19, 23, considered and passed House.
Nov. 24, considered and passed Senate, amended, in lieu of S. 1480.
Dec. 3, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 50:
Dec. 11, Presidential statement.
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