Page:United States Statutes at Large Volume 100 Part 2.djvu/545

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1647

taken pursuant to this subsection, the President shall pay any such award from the Fund. The President shall determine the method, terms, and time of payment.". (c) STATUTE OF LIMITATIONS.—Section 112(d) of CERCLA is 42 USC 9612. amended to read as follows: "(d) STATUTE OF LIMITATIONS.— "(1) CLAIMS FOR RECOVERY OF COSTS.—No

claim may be presented under this section for recovery of the costs referred to in section 107(a) after the date 6 years after the date of completion of all response action. "(2) CLAIMS FOR RECOVERY OF DAMAGES.—NO claim may be presented under this section for recovery of the damages referred to in section 107(a) unless the claim is presented within 3 years after the later of the following: "(A) The date of the discovery of the loss and its connection with the release in question. "(B) The date on which final regulations are promulgated -v>" under section 301(c). 42 USC 9651. "(3) MINORS AND INCOMPETENTS.—The time limitations contained herein shall not begin to run— "(A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or "(B) against an incompetent person until the earlier of the date on which such person's incompetency ends or the p' date on which a legal representative is duly appointed for such incompetent person.". (d) DOUBLE RECOVERY PROHIBITED.—Section 112 of CERCLA is '«• ' amended by adding the following new subsection at the end thereof: "(f) DOUBLE RECOVERY PROHIBITED.—Where the President has paid out of the Fund for any response costs or any costs specified under section 111(c)(1) or (2), no other claim may be paid out of the Fund for the same costs.". SEC. 113. LITIGATION, JURISDICTION, AND VENUE.

42 USC 9613.

(a) NATIONWIDE SERVICE OF PROCESS.—Section 113 of CERCLA is amended by adding the following new subsection at the end thereof: "(e) NATIONWIDE SERVICE OF PROCESS.—In any action by the United States under this Act, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process.". (b)

CONTRIBUTION; STATUTE OF LIMITATIONS.—Section

113

of

CERCLA is amended by adding the following new subsections after subsection (e): "(f) CONTRIBUTION.—

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"(1) CONTRIBUTION.—Any person may seek contribution from any other person who is liable or potentially liable under section 107(a), during or following any civil action under section 106 or under section 107(a). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure, and shall be governed by Federal law. In resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate. Nothing in this subsection shall diminish the right of any person to bring an action for contribution in the absence of a civil action under section 106 or section 107.

Claims.

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