Page:United States Statutes at Large Volume 100 Part 2.djvu/547

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1649

"(A) for a removal action, within 3 years after completion of the removal action, except that such cost recovery action must be brought within 6 years after a determination to grant a waiver under section 104(c)(1)(C) for continued response action; and "(B) for a remedial action, within 6 years after initiation of physical on-site construction of the remedial action, except that, if the remedial action is initiated within 3 years after the completion of the removal action, costs aincurred in the removal action may be recovered in the cost recovery action brought under this subparagraph. In any such action described in this subsection, the court shall Courts, U.S. enter a declaratory judgment on liability for response costs or damages that will be binding on any subsequent action or actions to recover further response costs or damages. A subsequent action or actions under section 107 for further response costs at the vessel or facility may be maintained at any time during the response action, but must be commenced no later than 3 years after the date of completion of all response action. Except as otherwise provided in this paragraph, an action may be commenced under section 107 for recovery of costs at any time after such costs have been incurred. "(3) CONTRIBUTION.—No action for contribution for any response costs or damages may be commenced more than 3 years after— .,.^-,,...,^:..^v.._ "(A) the date of judgment in any action under this Act for '^* "^u;; recovery of such costs or damages, or "(B) the date of an administrative order under section 122(g) (relating to de minimis settlements) or 122(h) (relating to cost recovery settlements) or entry of a judicially ' approved settlement with respect to such costs or damages. "(4) SUBROGATION,—No action based on rights subrogated pursuant to this section by reason of payment of a claim may be commenced under this title more than 3 years after the date of payment of such claim. "(5) ACTIONS TO RECOVER INDEMNIFICATION PAYMENTS.—Not-

withstanding any other provision of this subsection, where a payment pursuant to an indemnification agreement with a response action contractor is made under section 119, an action under section 107 for recovery of such indemnification payment from a potentially responsible party may be brought at any time before the expiration of 3 years from the date on which such payment is made. "(6) 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 such minor, or JJ "(B) against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for such incompetent.", (c) PRE-ENFORCEMENT REVIEW.— (1) CONFORMING AMENDMENT,—Section 113(b) of CERCLA is

amended by striking out "subsection" and inserting in lieu thereof "subsections and inserting "and (h)" after "(a).

42 USC 9613.

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