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
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.
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.
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. 2810Enacted 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.Pub. L. 99–499 § 202(a) · 100 Stat. 1695
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”
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”.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
- 1980Pub. L. 96–510, title III, § 306(a), (b), , 94 Stat. 2810
- 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.)