42 U.S.C. § 9612 — Claims procedure
submitted 46 years ago by Pub. L. 96-510 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,148 words · no verdicts yet
This section explains how a person may seek payment from the Superfund, how claims are decided and appealed, and how the United States recovers payments. It also sets deadlines, protects separate claims, and bars double recovery.
(a) A response*-cost claim* must first be presented to the known owner*, operator, or guarantor* of the vessel* or facility* and to any other known potentially liable person*. If it is not satisfied within 60 days, the claimant* may present it to the Fund*. The Fund may not approve or certify it while the claimant has a court action pending for the same costs.
(b) (1) The President must prescribe claim forms and procedures requiring the claimant's sworn verification to the best of the claimant's knowledge. Knowingly giving or causing false claim information can result in a title 18 fine, imprisonment up to three years, or both; a second or later conviction can result in up to five years. (2) If the claim information supports payment, the President may award and pay the claim, but not for costs already decided by a court judgment. If payment is refused in whole or part, the claimant may request an administrative hearing within 30 days after notice. (3) The claimant must prove the claim. (4) Administrative decisions must be written, sent to appropriate parties, and issued within 90 days after submission to an administrative law judge, unless all parties agree in writing to an extension or the President grants up to 60 additional days. (5) An administrative decision is final, but a party may appeal within 30 days after notice to the Federal district court where the release* or threat occurred. The decision is binding and conclusive and may be overturned only for arbitrary or capricious abuse of discretion. (6) The President must pay an award from the Fund within 20 days after the appeal period ends, or within 20 days after the final court decision on an appeal. The President chooses the payment method, terms, and time.
(c) (1) When the Fund pays, the United States* receives by subrogation the claimant's rights against the responsible or liable person for the compensated costs. (2) Anyone, including the Fund, who pays compensation under this chapter receives all the claimant's rights, claims, and causes of action for the damages* and removal* costs. (3) At the President's request, the Attorney General must sue to recover Fund payments, interest, administrative and adjudicative costs, and attorney fees, without regard to liability limits, from any liable owner, operator, guarantor, or other person.
(d) (1) A cost-recovery claim may not be presented more than six years after all response action is completed. (2) A damages claim must be presented within three years after the later of discovery of the loss and its connection to the release, or final regulations under section 9651(c). (3) These periods do not begin against a minor until the earlier of age 18 or appointment of a legal representative, or against an incompetent person until the earlier of the end of incompetency or appointment of a legal representative.
(e) A person who claims against the Fund does not waive another claim arising from the same incident that this subchapter does not cover or allow, and does not split a cause of action. A fact or legal decision connected with the Fund claim does not prevent that person from raising the issue in another such claim.
(f) If the President paid response costs or subsection 9611(c)(1) or (2) costs from the Fund, the Fund may not pay another claim for those same costs.
No claim* may be asserted against the Fund pursuant to section 9611(a) of this title unless such claim is presented in the first instance to the owner*, operator, or guarantor* of the vessel* or facility* from which a hazardous substance* has been released, if known to the claimant*, and to any other person* known to the claimant who may be liable under section 9607 of this title. In any case where the claim has not been satisfied within 60 days of presentation in accordance with this subsection, the claimant may present the claim to the Fund for payment. No claim against the Fund may be approved or certified during the pendency of an action by the claimant in court to recover costs which are the subject of the claim.
The President shall prescribe appropriate forms and procedures for claims filed hereunder, which shall include a provision requiring the claimant to make a sworn verification of the claim to the best of his knowledge. Any person who knowingly gives or causes to be given any false information as a part of any such claim shall, upon conviction, be fined in accordance with the applicable provisions of title 18 or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both.
The President may, if satisfied that the information developed during the processing of the claim warrants it, make and pay an award of the claim, except that no claim may be awarded to the extent that a judicial judgment has been made on the costs that are the subject of the claim. If the President declines to pay all or part of the claim, the claimant may, within 30 days after receiving notice of the President’s decision, request an administrative hearing.
In any proceeding under this subsection, the claimant shall bear the burden of proving his claim.
All administrative decisions made hereunder shall be in writing, with notification to all appropriate parties, and shall be rendered within 90 days of submission of a claim to an administrative law judge, unless all the parties to the claim agree in writing to an extension or unless the President, in his discretion, extends the time limit for a period not to exceed sixty days.
All administrative decisions hereunder shall be final, and any party to the proceeding may appeal a decision within 30 days of notification of the award or decision. Any such appeal shall be made to the Federal district court for the district where the release* or threat of release took place. In any such appeal, the decision shall be considered binding and conclusive, and shall not be overturned except for arbitrary or capricious abuse of discretion.
Within 20 days after the expiration of the appeal period for any administrative decision concerning an award, or within 20 days after the final judicial determination of any appeal taken pursuant to this subsection, the President shall pay any such award from the Fund. The President shall determine the method, terms, and time of payment.
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.
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.
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.
No claim may be presented under this section for recovery of the costs referred to in section 9607(a) of this title after the date 6 years after the date of completion of all response action.
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:
The date of the discovery of the loss and its connection with the release in question.
The date on which final regulations are promulgated under section 9651(c) of this title.
The time limitations contained herein shall not begin to run—
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
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.
Regardless of any State* statutory or common law to the contrary, no person who asserts a claim against the Fund pursuant to this subchapter shall be deemed or held to have waived any other claim not covered or assertable against the Fund under this subchapter arising from the same incident, transaction, or set of circumstances, nor to have split a cause of action. Further, no person asserting a claim against the Fund pursuant to this subchapter shall as a result of any determination of a question of fact or law made in connection with that claim be deemed or held to be collaterally estopped from raising such question in connection with any other claim not covered or assertable against the Fund under this subchapter arising from the same incident, transaction, or set of circumstances.
Where the President has paid out of the Fund for any response costs or any costs specified under section 9611(c)(1) or (2) of this title, no other claim may be paid out of the Fund for the same costs.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-510 · 94 Stat. 2792
- 1986Amended · Pub. L. 99-499 · 100 Stat. 1633, 1646
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-510 on 1980-12-11.
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