PRIA, Government Policy, Made Personal

Summary

Most parts of this chapter take effect on December 11, 1980. Any rules that were in force the day before that—including rules made under section 1321 of title 33 and any rules about financial responsibility from laws this chapter replaced—are treated as if they were made under this chapter and stay in effect until new rules replace them. Nothing here changes a person’s duties or legal liability under other federal or state law, including common law, for releases of hazardous substances or other pollution. The chapter does not decide whether strict liability applies to those activities.

Title 42, §9652

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

(a)Unless otherwise provided, all provisions of this chapter shall be effective on December 11, 1980.

(b)Any regulation issued pursuant to any provisions of section 1321 of title 33 which is repealed or superseded by this chapter and which is in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder.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(2)issued pursuant to any provision of law repealed or superseded by this chapter, and

(3)in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder.

(d)Nothing in this chapter 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 chapter shall not be considered, interpreted, or construed in any way as reflecting a determination, in part or whole, of policy regarding the inapplicability of strict liability, or strict liability doctrines, to activities relating to hazardous substances, pollutants, or contaminants or other such activities.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b), (c)(2), (3), and (d), 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.

§9652 Effective Dates; Savings Provisions