42 USC 9614 - Relationship to other law

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

§ 9614.

Relationship to other law

(a)

Additional State liability or requirements with respect to release of substances within State

(b)

Recovery under other State or Federal law of compensation for removal costs or damages, or payment of claims

(c)

Recycled oil

(1)

Service station dealers, etc.

No person (including the United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of section 9607 of this title, from a service station dealer for any response costs or damages resulting from a release or threatened release of recycled oil, or use the authority of section 9606 of this title against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of section 9607 of this title, if such recycled oil—

(A)

is not mixed with any other hazardous substance, and

(B)

is stored, treated, transported, or otherwise managed in compliance with regulations or standards promulgated pursuant to section 3014 of the Solid Waste Disposal Act [42 U.S.C. 6935] and other applicable authorities.

Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release or threatened release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action.

(2)

Presumption

Solely for the purposes of this subsection, a service station dealer may presume that a small quantity of used oil is not mixed with other hazardous substances if it—

(A)

has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such vehicle or appliances, and

(B)

is presented, by such owner, to the dealer for collection, accumulation, and delivery to an oil recycling facility.

(3)

Definition

(4)

Effective date

(d)

Financial responsibility of owner or operator of vessel or facility under State or local law, rule, or regulation

(Pub. L. 96–510, title I, § 114, Dec. 11, 1980, 94 Stat. 2795; Pub. L. 99–499, title I, § 114(a), Oct. 17, 1986, 100 Stat. 1652.)

cite as: 42 USC 9614