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TITLE 42
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 -
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES,
LIABILITY, COMPENSATION
Sec. 9601. Definitions
(37)(A)
The term ''service station dealer'' means any person -
(i) who owns or
operates a motor vehicle service station,
filling station, garage, or
similar retail establishment
engaged in the business of selling,
repairing, or servicing
motor vehicles, where a significant percentage
of the gross
revenue of the establishment is derived from the
fueling,
repairing, or servicing of motor vehicles, and
(ii) who
accepts for collection, accumulation, and delivery
to an oil recycling
facility, recycled oil that (I) has been
removed from the engine of a
light duty motor vehicle or
household appliances by the owner of such
vehicle or
appliances, and (II) is presented, by such owner, to
such
person for collection, accumulation, and delivery to an
oil
recycling facility.
(B) For purposes of section 9614(c) of this
title, the term
''service station dealer'' shall, notwithstanding the
provisions
of subparagraph (A), include any government agency
that
establishes a facility solely for the purpose of
accepting
recycled oil that satisfies the criteria set forth in
subclauses
(I) and (II) of subparagraph (A)(ii), and, with respect
to
recycled oil that satisfies the criteria set forth in
subclauses
(I) and (II), owners or operators of refuse collection
services
who are compelled by State law to collect, accumulate,
and
deliver such oil to an oil recycling facility.
(C) The President
shall promulgate regulations regarding the
determination of what
constitutes a significant percentage of the
gross revenues of an
establishment for purposes of this
paragraph.
The defense
against liability:
42 USC Sec. 9614 01/23/00
TITLE
42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
SUBCHAPTER I -
HAZARDOUS SUBSTANCES RELEASES,
LIABILITY, COMPENSATION
Sec. 9614. Relationship to other
law
-STATUTE-
(a) Additional State liability or requirements with
respect to
release of substances within State. Nothing in this
chapter shall be construed or interpreted as preempting any State from
imposing any additional liability or requirements with respect to the
release of hazardous substances within such State.
(b) Recovery
under other State or Federal law of compensation for
removal costs or
damages, or payment of claims. Any person who receives compensation for
removal costs or damages
or claims pursuant to this chapter shall be
precluded from
recovering compensation for the same removal costs or
damages or claims pursuant to any other State or Federal law. Any
person who receives compensation for removal costs or damages or
claims pursuant to any other Federal or State law shall be precluded
from receiving compensation for the same removal costs or damages
or claims as provided in this chapter.
(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
For
purposes of this subsection, the terms ''used oil'' and
''recycled
oil'' have the same meanings as set forth in sections
1004(36) and
1004(37) of the Solid Waste Disposal Act (42 U.S.C.
6903(36), (37)) and
regulations promulgated pursuant to that Act
(42 U.S.C. 6901 et
seq.).
(4) Effective date
The effective date of paragraphs (1) and
(2) of this subsection
shall be the effective date of regulations or
standards
promulgated under section 3014 of the Solid Waste Disposal
Act
(42 U.S.C. 6935) that include, among other provisions,
a
requirement to conduct corrective action to respond to
any
releases of recycled oil under subtitle C or subtitle I of
such
Act (42 U.S.C. 6921 et seq., 6991 et seq.).
(d) Financial
responsibility of owner or operator of vessel or
facility under State
or local law, rule, or regulation
Except as provided in this
subchapter, no owner or operator of a
vessel or facility who
establishes and maintains evidence of
financial responsibility in
accordance with this subchapter shall
be required under any State or
local law, rule, or regulation to
establish or maintain any other
evidence of financial
responsibility in connection with liability for
the release of a
hazardous substance from such vessel or facility.
Evidence of
compliance with the financial responsibility requirements
of this
subchapter shall be accepted by a State in lieu of any
other
requirement of financial responsibility imposed by such State
in
connection with liability for the release of a hazardous
substance
from such vessel or facility.
(Pub. L. 96-510,
title I, Sec. 114, Dec. 11, 1980, 94 Stat. 2795;
Pub. L. 99-499, title
I, Sec. 114(a), Oct. 17, 1986, 100
Stat. 1652.)
REFERENCES IN TEXT
The Solid Waste
Disposal Act, referred to in subsec. (c)(3), (4),
is title II of Pub.
L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L.
94-580, Sec. 2, Oct. 21, 1976, 90
Stat. 2795, which is classified
generally to chapter 82 (Sec. 6901
et seq.) of this title. Subtitles C
and I of the Solid Waste
Disposal Act are classified generally to
subchapters III (Sec. 6921
et seq.) and IX (Sec. 6991 et seq.),
respectively, of chapter 82 of
this title. For complete classification
of this Act to the Code,
see Short Title note set out under section
6901 of this title and
Tables.
AMENDMENTS
1986 -
Subsec. (c). Pub. L. 99-499 amended subsec. (c)
generally. Prior to
amendment, subsec. (c) read as follows:
''Except as provided in this
chapter, no person may be required to
contribute to any fund, the
purpose of which is to pay compensation for claims for any costs of
response or damages or claims which may be compensated under this
subchapter. Nothing in this section shall preclude any State from using
general revenues for such a fund, or from imposing a tax or fee upon
any person or upon any substance in order to finance the purchase or
prepositioning of hazardous substance response equipment or other
preparations for the response to a release of hazardous substances
which affects such State.''
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