§9658 Actions under State law for damages from exposure to hazardous substances

Summary

When someone sues under State law for personal injury or property damage from a hazardous substance or pollutant released from a facility, the State’s time limit to file the case normally applies. If the State’s rule would make the clock start earlier than a federally required start date, the clock must start at the federally required date instead. This rule does not apply to claims under section 9607. Plain meanings: words have the same meaning as in subchapter I. “Applicable limitations period” is the time allowed by State law to sue. “Commencement date” is when that time begins. “Federally required commencement date” is when the person knew or should have known the harm was caused by the substance. For a minor or an incompetent person, it is the later of that date or when they reach legal adulthood, become competent, or get a legal representative.