42 U.S.C. § 9624 — Methane recovery
submitted 40 years ago by Pub. L. 96-510 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 269 words · no verdicts yet
This section gives limited protection from specified liability to owners and operators of methane-recovery or methane-processing equipment. The protection does not apply in the listed circumstances.
(a) In general In the case of a facility* at which equipment for the recovery or processing (including recirculation of condensate) of methane has been installed, for this chapter:
(1) The owner or operator* of such equipment must not be considered an “owner* or operator”, as defined in section 9601(20) of this title , about such facility.
(2) The owner or operator of such equipment must not be considered to have arranged for disposal or treatment* of any hazardous substance* at such facility under section 9607 of this title.
(3) The owner or operator of such equipment must not be subject to any action under section 9606 of this title about such facility.
(b) Exceptions Subsection
(a) does not apply about a release* or threatened release of a hazardous substance from a facility described in subsection
(a) if either of the following circumstances exist:
(1) The release or threatened release was primarily caused by activities of the owner or operator of the equipment described in subsection (a).
(2) The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or
(4) of subsection
(a) of section 9607 of this title about such release or threatened release if he were not the owner or operator of such equipment. In the case of any release or threatened release referred to in paragraph (1), the owner or operator of the equipment described in subsection
(a) must be liable under this chapter only for costs or damages* primarily caused by the activities of such owner or operator.
This section does not define “owner or operator”; it refers to the definition in section 9601(20) of this title.
In the case of a facility* at which equipment for the recovery or processing (including recirculation of condensate) of methane has been installed, for purposes of this chapter:
The owner or operator* of such equipment shall not be considered an “owner* or operator”, as defined in section 9601(20) of this title, with respect to such facility.
The owner or operator of such equipment shall not be considered to have arranged for disposal or treatment* of any hazardous substance* at such facility pursuant to section 9607 of this title.
The owner or operator of such equipment shall not be subject to any action under section 9606 of this title with respect to such facility.
Subsection (a) does not apply with respect to a release* or threatened release of a hazardous substance from a facility described in subsection (a) if either of the following circumstances exist:
The release or threatened release was primarily caused by activities of the owner or operator of the equipment described in subsection (a).
The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or (4) of subsection (a) of section 9607 of this title with respect to such release or threatened release if he were not the owner or operator of such equipment.
In the case of any release or threatened release referred to in paragraph (1), the owner or operator of the equipment described in subsection (a) shall be liable under this chapter only for costs or damages* primarily caused by the activities of such owner or operator.
Source credit: (Pub. L. 96–510, title I, § 124, as added Pub. L. 99–499, title I, § 124(a), Oct. 17, 1986, 100 Stat. 1688.)
- 1986Enacted · Pub. L. 96-510 · 100 Stat. 1688
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-510 on 1986-10-17.
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