42 U.S.C. § 9656: Transportation of hazardous…

Summary

Hazardous substances must be put under the federal rules for transporting hazardous materials within 30 days after October 17, 1986, or when they are listed as hazardous, whichever comes later. If a release began before the substance became regulated for transport, a carrier (a company that moves goods) is subject to other laws instead of the federal cleanup liability law, unless the carrier can prove it did not actually know the substance’s identity or nature.

Title 42, §9656

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

(a)Each hazardous substance which is listed or designated as provided in section 9601(14) of this title shall, within 30 days after October 17, 1986, or at the time of such listing or designation, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49.

(b)A common or contract carrier shall be liable under other law in lieu of section 9607 of this title for damages or remedial action resulting from the release of a hazardous substance during the course of transportation which commenced prior to the effective date of the listing and regulation of such substance as a hazardous material under chapter 51 of title 49, 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 substance released.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsecs. (a) and (b), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1986—Subsec. (a). Pub. L. 99–499, § 202(a), substituted “within 30 days after

October 17, 1986” for “within ninety days after

December 11, 1980” and inserted “and regulated” before “as a hazardous material”. Subsec. (b). Pub. L. 99–499, § 202(b), inserted “and regulation” after “prior to the

Effective Date

of the listing”.

§9656 Transportation of Hazardous Substances; Listing as Hazardous Material; Liability for Release