42 USC 9612 - Claims procedure

U.S Code last checked for updates: Nov 22, 2024

§ 9612.

Claims procedure

(a)

Claims against Fund for response costs

(b)

Forms and procedures applicable

(1)

Prescribing forms and procedures

(2)

Payment or request for hearing

(3)

Burden of proof

(4)

Decisions

(5)

Finality and appeal

(6)

Payment

(c)

Subrogation rights; actions maintainable

(1)

Payment of any claim by the Fund under this section shall be subject to the United States Government acquiring by subrogation the rights of the claimant to recover those costs of removal or damages for which it has compensated the claimant from the person responsible or liable for such release.

(2)

Any person, including the Fund, who pays compensation pursuant to this chapter to any claimant for damages or costs resulting from a release of a hazardous substance shall be subrogated to all rights, claims, and causes of action for such damages and costs of removal that the claimant has under this chapter or any other law.

(3)

Upon request of the President, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this subchapter, and, without regard to any limitation of liability, all interest, administrative and adjudicative costs, and attorney’s fees incurred by the Fund by reason of the claim. Such an action may be commenced against any owner, operator, or guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the damages or costs for which compensation was paid.

(d)

Statute of limitations

(1)

Claims for recovery of costs

(2)

Claims for recovery of damages

No claim may be presented under this section for recovery of the damages referred to in section 9607(a) of this title unless the claim is presented within 3 years after the later of the following:

(A)

The date of the discovery of the loss and its connection with the release in question.

(B)

The date on which final regulations are promulgated under section 9651(c) of this title.

(3)

Minors and incompetents

The time limitations contained herein shall not begin to run—

(A)

against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or

(B)

against an incompetent person until the earlier of the date on which such person’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent person.

(e)

Other statutory or common law claims not waived, etc.

(f)

Double recovery prohibited

(Pub. L. 96–510, title I, § 112, Dec. 11, 1980, 94 Stat. 2792; Pub. L. 99–499, title I, §§ 109(a)(3), 112, Oct. 17, 1986, 100 Stat. 1633, 1646.)

cite as: 42 USC 9612