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Title 42 — The Public Health and Welfare

Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability

§ 9656. Transportation of hazardous substances; listing as hazardous material; liability for release

Statutory text

(a)

Each hazardous substance which is listed or designated as provided in section 9601(14) of this title shall, within 30 days after , or at the time of such listing or designation, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49.

(b)

A common or contract carrier shall be liable under other law in lieu of section 9607 of this title for damages or remedial action resulting from the release of a hazardous substance during the course of transportation which commenced prior to the effective date of the listing and regulation of such substance as a hazardous material under chapter 51 of title 49, or for substances listed pursuant to subsection (a) of this section, prior to the effective date of such listing: Provided, however, That this subsection shall not apply where such a carrier can demonstrate that he did not have actual knowledge of the identity or nature of the substance released.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Comprehensive Environmental Response, Compensation, and Liability Act of 1980

    Pub. L. 96–510 title III § 306(a) · 94 Stat. 2767

    Enacted · 42 U.S.C. § 9656

    Pub. L. 96–510, title III, § 306(a), (b), Dec. 11, 1980, 94 Stat. 2810

    Source evidence

    Code source credit
    Pub. L. 96–510, title III, § 306(a), (b), Dec. 11, 1980, 94 Stat. 2810

    Enacted provision · exact public law section
    (a) Each hazardous substance which is listed or designated as provided in section 101(14) of this Act shall, within ninety days after the date of enactment of this Act or at the time of such listing or designation, whichever is later, be listed as a hazardous material 49 USC 1801 note. Ante, p. 2781. under the Hazardous Materials Transportation Act.

  2. Pub. L. 99–499 § 202(a) · 100 Stat. 1695

    1. Substituted · 42 U.S.C. § 9656(a)

      Pub. L. 99–499, § 202(a), substituted “within 30 days after October 17, 1986” for “within ninety days after December 11, 1980”

    2. Inserted · 42 U.S.C. § 9656(a)

      Pub. L. 99–499, § 202(a), inserted “and regulated” before “as a hazardous material”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–499, § 202(a), substituted “within 30 days after October 17, 1986” for “within ninety days after December 11, 1980” and inserted “and regulated” before “as a hazardous material”.

  3. Pub. L. 99–499 § 202(b) · 100 Stat. 1695

    Inserted · 42 U.S.C. § 9656(b)

    Pub. L. 99–499, § 202(b), inserted “and regulation” after “prior to the effective date of the listing”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–499, § 202(b), inserted “and regulation” after “prior to the effective date of the listing”.

1 of 4 references resolved to an enrolled provision · 3 unresolved

Editorial Notes

Codification

In subsecs. (a) and (b), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, § 6(b), , 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1986—Subsec. (a). Pub. L. 99–499, § 202(a), substituted “within 30 days after ” for “within ninety days after ” and inserted “and regulated” before “as a hazardous material”.

Subsec. (b). Pub. L. 99–499, § 202(b), inserted “and regulation” after “prior to the effective date of the listing”.

Credits

1980–1986 · 2 acts
  1. 1980Pub. L. 96–510, title III, § 306(a), (b), , 94 Stat. 2810
  2. 1986Pub. L. 99–499, title II, § 202, , 100 Stat. 1695.
Show as published

(Pub. L. 96–510, title III, § 306(a), (b), , 94 Stat. 2810; Pub. L. 99–499, title II, § 202, , 100 Stat. 1695.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s9656