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40 CFR 300.1105 - Involuntary acquisition of property by the government.

There are 13 Updates appearing in the Federal Register for 40 CFR 300. Select the tab below to view, or View eCFR (GPOAccess)
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§ 300.1105
Involuntary acquisition of property by the government.
(a) Governmental ownership or control of property by involuntary acquisitions or involuntary transfers within the meaning of CERCLA section 101(20 )(D) or section 101(35 )(A)(ii) includes, but is not limited to:
(1) Acquisitions by or transfers to the government in its capacity as a sovereign, including transfers or acquisitions pursuant to abandonment proceedings, or as the result of tax delinquency, or escheat, or other circumstances in which the government involuntarily obtains ownership or control of property by virtue of its function as sovereign;
(2) Acquisitions by or transfers to a government entity or its agent (including governmental lending and credit institutions, loan guarantors, loan insurers, and financial regulatory entities which acquire security interests or properties of failed private lending or depository institutions) acting as a conservator or receiver pursuant to a clear and direct statutory mandate or regulatory authority;
(3) Acquisitions or transfers of assets through foreclosure and its equivalents (as defined in 40 CFR 300.1100(d)(1)) or other means by a Federal, state, or local government entity in the course of administering a governmental loan or loan guarantee or loan insurance program; and
(4) Acquisitions by or transfers to a government entity pursuant to seizure or forfeiture authority.
(b) Nothing in this section or in CERCLA section 101(20 )(D) or section 101(35 )(A)(ii) affects the applicability of 40 CFR 300.1100 to any security interest, property, or asset acquired pursuant to an involuntary acquisition or transfer, as described in this section.
Note to paragraphs (a)(3) and (b of this section: Reference to 40 CFR 300.1100 is a reference to the provisions regarding secured creditors in CERCLA sections 101(20)(E)-(G), 42 U.S.C. 9601(20)(E) -(G). See Section 2504(a) of the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act, Public Law, 104-208, 110 Stat. 3009-462, 3009-468 (1996).

Title 40 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-03-18; vol. 78 # 52 - Monday, March 18, 2013
    1. 78 FR 16612 - National Oil and Hazardous Substances Pollution Contingency Plan; Revision To Increase Public Availability of the Administrative Record File
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on April 17, 2013.
      40 CFR Part 300

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 1321 - Oil and hazardous substance liability

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 9601 - Definitions

§ 9602 - Designation of additional hazardous substances and establishment of reportable released quantities; regulations

§ 9603 - Notification requirements respecting released substances

§ 9604 - Response authorities

§ 9605 - National contingency plan

§ 9606 - Abatement actions

§ 9607 - Liability

§ 9608 - Financial responsibility

§ 9609 - Civil penalties and awards

§ 9610 - Employee protection

§ 9611 - Uses of Fund

§ 9612 - Claims procedure

§ 9613 - Civil proceedings

§ 9614 - Relationship to other law

§ 9615 - Presidential delegation and assignment of duties or powers and promulgation of regulations

§ 9616 - Schedules

§ 9617 - Public participation

§ 9618 - High priority for drinking water supplies

§ 9619 - Response action contractors

§ 9620 - Federal facilities

§ 9621 - Cleanup standards

§ 9622 - Settlements

§ 9623 - Reimbursement to local governments

§ 9624 - Methane recovery

§ 9625 -

§ 9626 - Indian tribes

§ 9627 - Recycling transactions

§ 9628 - State response programs

§ 9631 to 9633 - Repealed.

§ 9641 - Repealed.

§ 9651 - Reports and studies

§ 9652 - Effective dates; savings provisions

§ 9653 - Repealed.

§ 9654 - Applicability of Federal water pollution control funding, etc., provisions

§ 9655 - Legislative veto of rule or regulation

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

§ 9657 - Separability; contribution

Presidential Documents

Executive Order ... 12580

Executive Order ... 12777

Title 40 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 300 after this date.

  • 2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013
    1. 78 FR 24134 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Koppers Co., Inc. (Florence Plant) Superfund Site
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Proposed rule; notice of intent.
      Comments must be received by May 24, 2013.
      40 CFR Part 300