U.S. CODE
Rulings
AD/CVD
Notices
HTSUS
U.S. Code
Regs
More
Ports
About
Updates
Apps
Larger font
Smaller font
CustomsMobile Pro
beta now open!
Apply for a FREE beta account. Spaces are limited so apply today.
SIGNUP FOR BETA
SEARCH
Toggle Dropdown
Search US Code
Search Leg. Notes
Sort by Rank
Titles Ascending
Titles Descending
10 per page
25 Result/page
50 Result/page
U.S Code last checked for updates: Nov 22, 2024
All Titles
Title 42
Chapter 103
Subchapter I
§ 9612. Claims procedure...
§ 9614. Relationship to other la...
§ 9612. Claims procedure...
§ 9614. Relationship to other la...
U.S. Code
Notes
§ 9613.
Civil proceedings
(a)
Review of regulations in Circuit Court of Appeals of the United States for the District of Columbia
(b)
Jurisdiction; venue
(c)
Controversies or other matters resulting from tax collection or tax regulation review
(d)
Litigation commenced prior to
December 11, 1980
(e)
Nationwide service of process
(f)
Contribution
(1)
Contribution
(2)
Settlement
(3)
Persons not party to settlement
(A)
If the United States or a State has obtained less than complete relief from a person who has resolved its liability to the United States or the State in an administrative or judicially approved settlement, the United States or the State may bring an action against any person who has not so resolved its liability.
(B)
A person who has resolved its liability to the United States or a State for some or all of a response action or for some or all of the costs of such action in an administrative or judicially approved settlement may seek contribution from any person who is not party to a settlement referred to in paragraph (2).
(C)
In any action under this paragraph, the rights of any person who has resolved its liability to the United States or a State shall be subordinate to the rights of the United States or the State. Any contribution action brought under this paragraph shall be governed by Federal law.
(g)
Period in which action may be brought
(1)
Actions for natural resource damages
Except as provided in paragraphs (3) and (4), no action may be commenced for damages (as defined in
section 9601(6) of this title
) under this chapter, unless that action is commenced 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 regulations are promulgated under
section 9651(c) of this title
.
With respect to any facility listed on the National Priorities List (NPL), any Federal facility identified under
section 9620 of this title
(relating to Federal facilities), or any vessel or facility at which a remedial action under this chapter is otherwise scheduled, an action for damages under this chapter must be commenced within 3 years after the completion of the remedial action (excluding operation and maintenance activities) in lieu of the dates referred to in subparagraph (A) or (B). In no event may an action for damages under this chapter with respect to such a vessel or facility be commenced (i) prior to 60 days after the Federal or State natural resource trustee provides to the President and the potentially responsible party a notice of intent to file suit, or (ii) before selection of the remedial action if the President is diligently proceeding with a remedial investigation and feasibility study under
section 9604(b) of this title
or
section 9620 of this title
(relating to Federal facilities). The limitation in the preceding sentence on commencing an action before giving notice or before selection of the remedial action does not apply to actions filed on or before
October 17, 1986
.
(2)
Actions for recovery of costs
An initial action for recovery of the costs referred to in
section 9607 of this title
must be commenced—
(A)
for a removal action, within 3 years after completion of the removal action, except that such cost recovery action must be brought within 6 years after a determination to grant a waiver under
section 9604(c)(1)(C) of this title
for continued response action; and
(B)
for a remedial action, within 6 years after initiation of physical on-site construction of the remedial action, except that, if the remedial action is initiated within 3 years after the completion of the removal action, costs incurred in the removal action may be recovered in the cost recovery action brought under this subparagraph.
In any such action described in this subsection, the court shall enter a declaratory judgment on liability for response costs or damages that will be binding on any subsequent action or actions to recover further response costs or damages. A subsequent action or actions under
section 9607 of this title
for further response costs at the vessel or facility may be maintained at any time during the response action, but must be commenced no later than 3 years after the date of completion of all response action. Except as otherwise provided in this paragraph, an action may be commenced under
section 9607 of this title
for recovery of costs at any time after such costs have been incurred.
(3)
Contribution
No action for contribution for any response costs or damages may be commenced more than 3 years after—
(A)
the date of judgment in any action under this chapter for recovery of such costs or damages, or
(B)
the date of an administrative order under
section 9622(g) of this title
(relating to de minimis settlements) or 9622(h) of this title (relating to cost recovery settlements) or entry of a judicially approved settlement with respect to such costs or damages.
(4)
Subrogation
(5)
Actions to recover indemnification payments
(6)
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 such minor, or
(B)
against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent.
(h)
Timing of review
No Federal court shall have jurisdiction under Federal law other than under
section 1332 of title 28
(relating to diversity of citizenship jurisdiction) or under State law which is applicable or relevant and appropriate under
section 9621 of this title
(relating to cleanup standards) to review any challenges to removal or remedial action selected under
section 9604 of this title
, or to review any order issued under
section 9606(a) of this title
, in any action except one of the following:
(1)
An action under
section 9607 of this title
to recover response costs or damages or for contribution.
(2)
An action to enforce an order issued under
section 9606(a) of this title
or to recover a penalty for violation of such order.
(3)
An action for reimbursement under
section 9606(b)(2) of this title
.
(4)
An action under
section 9659 of this title
(relating to citizens suits) alleging that the removal or remedial action taken under
section 9604 of this title
or secured under
section 9606 of this title
was in violation of any requirement of this chapter. Such an action may not be brought with regard to a removal where a remedial action is to be undertaken at the site.
(5)
An action under
section 9606 of this title
in which the United States has moved to compel a remedial action.
(i)
Intervention
(j)
Judicial review
(1)
Limitation
(2)
Standard
(3)
Remedy
(4)
Procedural errors
(k)
Administrative record and participation procedures
(1)
Administrative record
(2)
Participation procedures
(A)
Removal action
(B)
Remedial action
(i)
Notice to potentially affected persons and the public, which shall be accompanied by a brief analysis of the plan and alternative plans that were considered.
(ii)
A reasonable opportunity to comment and provide information regarding the plan.
(iii)
An opportunity for a public meeting in the affected area, in accordance with
section 9617(a)(2) of this title
(relating to public participation).
(iv)
A response to each of the significant comments, criticisms, and new data submitted in written or oral presentations.
(v)
A statement of the basis and purpose of the selected action.
For purposes of this subparagraph, the administrative record shall include all items developed and received under this subparagraph and all items described in the second sentence of
section 9617(d) of this title
. The President shall promulgate regulations in accordance with chapter 5 of title 5 to carry out the requirements of this subparagraph.
(C)
Interim record
(D)
Potentially responsible parties
(l)
Notice of actions
(
Pub. L. 96–510, title I, § 113
,
Dec. 11, 1980
,
94 Stat. 2795
;
Pub. L. 99–499, title I, § 113
,
Oct. 17, 1986
,
100 Stat. 1647
;
Pub. L. 99–514, § 2
,
Oct. 22, 1986
,
100 Stat. 2095
.)
cite as:
42 USC 9613
.list_box li,p,.cm-search-info,.cm-search-detail,.abt span,.expand-collapse_top
Get the CustomsMobile app!