Page:United States Statutes at Large Volume 100 Part 2.djvu/513

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1615

TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE AND LIABILITY SEC. 101. AMENDMENTS TO DEFINITIONS.

Post, p. 1652.

(a) INDIAN TRIBE.—Paragraph (16) of section 101 of CERCLA ^2 USC 960i. (defining "natural resources") is amended by striking "or" the last time it appears and inserting before the punctuation at the end thereof the following: ", any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe". (b) STATE OR LOCAL GOVERNMENT LIMITATION.—Paragraph (20) of

section 101 of CERCLA (defining "owner or operator") is amended as follows: (1) Add the following new subparagraph at the end thereof: "(D) The term 'owner or operator' does not include a unit of State or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, V abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has • caused or contributed to the release or threatened release of i a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both f procedurally and substantively, as any nongovernmental entity, including liability under section 107.". 42 USC 9607. (2) Amend clause (iii) of subparagraph (A) to read as follows: "(iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand,". (3) Capitalize the first word of subparagraphs (B) and (C) and '* substitute a period for the semicolon at the end of subparagraphs (A), (B), and (C). (c) RELEASE.—Paragraph (22) of section 101 of CERCLA (defining "release") is amended by inserting after "environment" the following: "(including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant)". (d) REMEDIAL ACTION.—Paragraph (24) of section 101 of CERCLA (defining "remedy" and "remedial action") is amended as follows: (1) Strike "welfare. The term does not include offsite transport" and all that follows down through the semicolon at the end of such paragraph and insert "welfare; the term includes > offsite transport and offsite storage, treatment, destruction, or n secure disposition of hazardous substances and associated contaminated materials.". (2) Strike "or" before "contaminated materials" and insert "and associated". (e) RESPONSE.—Section 101(25) of CERCLA (defining "respond" and "response") is amended by inserting at the end thereof the following: ", all such terms (including the terms 'removal' and 'remedial action') include enforcement activities related thereto.".

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