§9614 — Title 42 The Public Health and Welfare | U.S. Code

Summary

States may add extra rules or make people more responsible for releases of hazardous substances than this law does. If someone gets paid for the same clean-up costs or damages under this law, they cannot get paid again for the same costs or damages under any other State or Federal law. Likewise, if they get paid under another State or Federal law, they cannot also get paid here for the same costs or damages. No one (including the United States or a State) may seek money from a service station dealer under section 9607(a)(3) or (a)(4), or use section 9606 against a dealer who is not a person listed in section 9607(a)(1) or (a)(2), for costs or damages from recycled oil if the oil is not mixed with other hazardous substances and is handled according to regulations under section 3014 of the Solid Waste Disposal Act and other laws. A service station dealer may assume small amounts of used oil taken out of a light vehicle or household appliance by the owner and brought to the dealer are not mixed. The terms “used oil” and “recycled oil” have the meanings in sections 1004(36) and 1004(37) of the Solid Waste Disposal Act and its regulations. Paragraphs (1) and (2) above start when the section 3014 regulations take effect and include a corrective-action requirement under subtitle C or subtitle I of that Act. Finally, unless this subchapter says otherwise, if an owner or operator of a vessel or facility shows proof of financial responsibility under this subchapter, a State or local government must accept it and cannot require other financial proof for liability from releases of hazardous substances.

Title 42, §9614

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Nothing in this chapter shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances within such State.

(b)Any person who receives compensation for removal costs or damages or claims pursuant to this chapter 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 pursuant to any other Federal or State law shall be precluded from receiving compensation for the same removal costs or damages or claims as provided in this chapter.

(c)(1)No person (including the United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of section 9607 of this title, from a service station dealer for any response costs or damages resulting from a release or threatened release of recycled oil, or use the authority of section 9606 of this title against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of section 9607 of this title, if such recycled oil—

(A)is not mixed with any other hazardous substance, and

(B)is stored, treated, transported, or otherwise managed in compliance with regulations or standards promulgated pursuant to section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935] and other applicable authorities.

(2)Solely for the purposes of this subsection, a service station dealer may presume that a small quantity of used oil is not mixed with other hazardous substances if it—

(A)has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such vehicle or appliances, and

(B)is presented, by such owner, to the dealer for collection, accumulation, and delivery to an oil recycling facility.

(3)For purposes of this subsection, the terms “used oil” and “recycled oil” have the same meanings as set forth in section 1004(36) and 1004(37) of the Solid Waste Disposal Act [42 U.S.C. 6903(36), (37)] and regulations promulgated pursuant to that Act [42 U.S.C. 6901 et seq.].

(4)The effective date of paragraphs (1) and (2) of this subsection shall be the effective date of regulations or standards promulgated under section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935] that include, among other provisions, a requirement to conduct corrective action to respond to any releases of recycled oil under subtitle C or subtitle I of such Act [42 U.S.C. 6921 et seq., 6991 et seq.].

(d)Except as provided in this subchapter, no owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility in accordance with this subchapter shall be required under any State or local law, rule, or regulation to establish or maintain any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from such vessel or facility. Evidence of compliance with the financial responsibility requirements of this subchapter shall be accepted by a State in 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 9601 of this title and Tables. The Solid Waste Disposal Act, referred to in subsec. (c)(3), (4), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitles C and I of the Solid Waste Disposal Act are classified generally to subchapters III (§ 6921 et seq.) and IX (§ 6991 et seq.), respectively, of chapter 82 of this title. For complete classification of this Act to the Code, see

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note set out under section 6901 of this title and Tables.

Amendments

1986—Subsec. (c). Pub. L. 99–499 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Except as provided in this chapter, 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 subchapter. Nothing in this section shall preclude 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.”

§9614 Relationship to other law

Summary

Title 42, §9614

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

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