Page:United States Statutes at Large Volume 100 Part 2.djvu/550

 100 STAT. 1652

PUBLIC LAW 99-499—OCT. 17, 1986

United States, the plaintiff shall provide a copy of the complaint to the Attorney General of the United States and to the Administrator of the Environmental Protection Agency.".

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SEC. 114. RELATIONSHIP TO OTHER LAW.

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42 USC 9614.

(a) USED OIL.—Section 114(c) of CERCLA is amended to read as follows:

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"(c) RECYCLED O I L. — "(1) SERVICE STATION DEALERS, ETC.—NO person (including the

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• 42 USC 6935.

42 USC 6903.

42 USC 6921, 6991.

42 USC 9601.

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United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of section 107, from a service station dealer for any response costs or damages resulting from a release or threatened release of recycled oil, or use the authority of section 106 against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of section 107, if such recycled oil— " ^ "(A) is not mixed with any other hazardous substance, and "(B) is stored, treated, transported, or otherwise managed in compliance with regulations or standards promulgated " pursuant to section 3014 of the Solid Waste Disposal Act and other applicable authorities. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release or threatened release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action. "(2) PRESUMPTION.—Solely for the purposes of this subsection, a service station dealer may presume that a small quantity of used oil is not mixed with other hazardous substances if it— " ' "(A) has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such 3sii iP vehicle or appliances, and "(B) is presented, by such owner, to the dealer for collection, accumulation, and delivery to an oil recycling facility. "(3) DEFINITION.—For purposes of this subsection, the terms 'used oil' and 'recycled oil' have the same meanings as set forth in sections 1004(36) and 1004(37) of the Solid Waste Disposal Act and regulations promulgated pursuant to that Act. "(4) EFFECTIVE DATE.—The effective date of paragraphs (1) and (2) of this subsection shall be the effective date of regulations or standards promulgated under section 3014 of the Solid Waste Disposal Act that include, among other provisions, a requirement to conduct corrective action to respond to any releases of recycled oil under subtitle C or subtitle I of such Act.". (b) DEFINITION OF SERVICE STATION DEALER.—Section 101

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CERCLA is amended by inserting the following at the end thereof: "(37)(A) The term 'service station dealer' means any person— "(i) who owns or operates a motor vehicle service station, filling station, garage, or similar retail establishment engaged in the business of selling, repairing, or servicing motor vehicles, where a significant percentage of the gross revenue of the establishment is derived from the fueling, repairing, or servicing of motor vehicles, and ' ' "(ii) who accepts for collection, accumulation, and deliv,, ji- ery to an oil recycling facility, recycled oil that (I) has been

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