This chapter, referred to in subsec. (c)(2), was in the original “this Act”, meaning Pub. L. 96–510
, Dec. 11, 1980, 94 Stat. 2767
, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
1986—Subsec. (a). Pub. L. 99–499
, § 112(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “All claims which may be asserted against the Fund pursuant to section
of this title shall be 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
of this title. In any case where the claim has not been satisfied within sixty days of presentation in accordance with this subsection, the claimant may elect to commence an action in court against such owner, operator, guarantor, or other person or to present the claim to the Fund for payment.”
Subsec. (b)(1). Pub. L. 99–499
, § 112(b), added heading.
Pub. L. 99–499
, § 109(a)(3), substituted “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” for “up to $5,000 or imprisoned for not more than one year, or both”.
Subsec. (b)(2) to (6). Pub. L. 99–499
, § 112(b), added pars. (2) to (6) and struck out former pars. (2) to (4) which related to the settlement and arbitration of claims against liable persons and against the Fund.
Subsec. (d). Pub. L. 99–499
, § 112(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “No claim may be presented, nor may an action be commenced for damages under this subchapter, unless that claim is presented or action commenced within three years from the date of the discovery of the loss or December 11, 1980, whichever is later: Provided, however, That the time limitations contained herein shall not begin to run against a minor until he reaches eighteen years of age or a legal representative is duly appointed for him, nor against an incompetent person until his incompetency ends or a legal representative is duly appointed for him.”
Subsec. (f). Pub. L. 99–499
, § 112(d), added subsec. (f).
Coordination of Titles I to IV of Pub. L. 99–499
Any provision of titles I to IV of Pub. L. 99–499
, imposing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 ofPub. L. 99–499
, set out as a note under section
, Internal Revenue Code.