Page:United States Statutes at Large Volume 100 Part 2.djvu/546

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1648

S; i.

"(2) SETTLEMENT.—A person who has resolved its Hability to the United States or a State in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.

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State and local

governments.

"(3) PERSONS NOT PARTY TO SETTLEMENT.—(A) If the United

States or a State has obtained less than complete relief from a person who has resolved its liability to the United States or the State in an administrative or judicially approved settlement, the United States or the State may bring an action against any person who has not so resolved its liability. "(B) A person who has resolved its liability to the United States or a State for some or all of a response action or for some or all of the costs of such action in an administrative or judicially approved settlement may seek contribution from any person who is not party to a settlement referred to in paragraph (2). "(C) In any action under this paragraph, the rights of any fi-i person who has resolved its liability to the United States or a s State shall be subordinate to the rights of the United States or the State. Any contribution action brought under this paragraph shall be governed by Federal law. "(g) PERIOD IN WHICH ACTION MAY B E BROUGHT.— "(1) ACTIONS FOR NATURAL RESOURCE DAMAGES.—Except as

42 USC 9601.

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42 USC 9651. Maritime affairs. ' >;s r> '/n f

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provided in paragraphs (3) and (4), no action may be commenced for damages (as defined in section 101(6)) under this Act, unless that action is commenced 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 regulations are promulgated under section 301(c). With respect to any facility listed on the National Priorities List (NPL), any Federal facility identified under section 120 (relating to Federal facilities), or any vessel or facility at which a remedial action under this Act is otherwise scheduled, an action for damages under this Act must be commenced within 3 years after the completion of the remedial action (excluding operation and maintenance activities) in lieu of the dates referred to in subparagraph (A) or (B). In no event may an action for damages under this Act with respect to such a vessel or facility be commenced (i) prior to 60 days after the Federal or State natural resource trustee provides to the President and the potentially responsible party a notice of intent to file suit, or (ii) before selection of the remedial action if the President is diligently proceeding with a remedial investigation and feasibility study under section 104(b) or section 120 (relating to Federal facilities). The limitation in the preceding sentence on commencing an action before giving notice or before selection of the remedial action does not apply to actions filed on or before the enactment of the Superfund Amendments and Reauthorization Act of 1986. "(2) ACTIONS FOR RECOVERY OF COSTS.—An initial action for recovery of the costs referred to in section 107 must be commenced—

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