§9624 — Title 42 The Public Health and Welfare | U.S. Code

Summary

If a facility has equipment to recover or process methane (including recycling condensate), the person who owns or runs that equipment is not treated as the facility’s owner or operator under section 9601(20). That person also is not treated as someone who arranged for hazardous-substance disposal under section 9607 and cannot be sued or ordered under section 9606 for that facility. These protections do not apply if the release was mainly caused by that person’s actions or if they would be liable under paragraphs (1)–(4) of section 9607(a) for the release.

Title 42, §9624

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

(a)In the case of a facility at which equipment for the recovery or processing (including recirculation of condensate) of methane has been installed, for purposes of this chapter:

(1)The owner or operator of such equipment shall not be considered an “owner or operator”, as defined in section 9601(20) of this title, with respect to such facility.

(2)The owner or operator of such equipment shall not be considered to have arranged for disposal or treatment of any hazardous substance at such facility pursuant to section 9607 of this title.

(3)The owner or operator of such equipment shall not be subject to any action under section 9606 of this title with respect to such facility.

(b)Subsection (a) does not apply with respect to a release or threatened release of a hazardous substance from a facility described in subsection (a) if either of the following circumstances exist:

(1)The release or threatened release was primarily caused by activities of the owner or operator of the equipment described in subsection (a).

(2)The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or (4) of subsection (a) of section 9607 of this title with respect to such release or threatened release if he were not the owner or operator of such equipment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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

Short Title

note set out under section 9601 of this title and Tables.

§9624 Methane recovery