Title 42, The Public Health and WelfareRelease 119-110

§9658 Actions Under State Law for Damages From Exposure to Hazardous Substances

Title 42 › CHAPTER 103 — COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › SUBCHAPTER III — MISCELLANEOUS PROVISIONS › § 9658

Last updated Sep 22, 2026|Official source

Summary

If a state says the clock for suing over injury or property harm from a hazardous substance starts earlier than federal rules allow, the federal start date must be used instead. If the state start date is not earlier, the state's time limits apply. These rules do not apply to claims brought under section 9607. Words used here mean the same as in subchapter I. "Applicable limitations period" is the time you have to bring the lawsuit. "Commencement date" is the day that time starts. "Federally required commencement date" is the day the person knew or should have known the harm was caused by the hazardous substance. For a minor or someone not competent, that federal start date is the later of the discovery date or the date they reach majority, become competent, or get a legal representative.

Full Legal Text

Title 42, §9658

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

(a)State statutes of limitations for hazardous substance cases
(1)Exception to State statutes
In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable limitations period for such action (as specified in the State statute of limitations or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute.
(2)State law generally applicable
Except as provided in paragraph (1), the statute of limitations established under State law shall apply in all actions brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility.
(3)Actions under section 9607
Nothing in this section shall apply with respect to any cause of action brought under section 9607 of this title.
(b)Definitions
As used in this section
(1) Subchapter I terms
(2)Applicable limitations period
The term “applicable limitations period” means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) may be brought.
(3)Commencement date
The term “commencement date” means the date specified in a statute of limitations as the beginning of the applicable limitations period.
(4)Federally required commencement date
(A)In general
Except as provided in subparagraph (B), the term “federally required commencement date” means the date the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in subsection (a)(1) were caused or contributed to by the hazardous substance or pollutant or contaminant concerned.
(B)Special rules
In the case of a minor or incompetent plaintiff, the term “federally required commencement date” means the later of the date referred to in subparagraph (A) or the following:
(i)In the case of a minor, the date on which the minor reaches the age of majority, as determined by State law, or has a legal representative appointed.
(ii)In the case of an incompetent individual, the date on which such individual becomes competent or has had a legal representative appointed.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–499, title II, § 203(b), Oct. 17, 1986, 100 Stat. 1696, provided that: “The amendment made by subsection (a) of this section [enacting this section] shall take effect with respect to actions brought after December 11, 1980.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 9658

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110