Page:United States Statutes at Large Volume 100 Part 2.djvu/614

 100 STAT. 1716 42 USC 6901 'lote-

PUBLIC LAW 99-499—OCT. 17, 1986

"(f) SAVING PROVISION.—Nothing in this section shall be construed to affect the provisions of the Solid Waste Disposal Act. "(g) SMALL BUSINESS PARTICIPATION.—The Administrator shall ensure, to the maximum extent practicable, an adequate opportunity for small business participation in the program established by subsection (b).". SEC. 210. POLLUTION LIABILITY INSURANCE.

CERCLA is amended by adding the following new title at the end thereof: "TITLE IV—POLLUTION INSURANCE 42 USC 9671.

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42 USC 9672.

"SEC. 401. DEFINITIONS.

"As used in this title— "(1) INSURANCE.—The term 'insurance' means primary insurer:, ance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law. "(2) POLLUTION LIABILITY.—The term 'pollution liability' means liability for injuries arising from the release of hazardous substances or pollutants or contaminants. "(3) RISK RETENTION GROUP.—The term 'risk retention group' means any corporation or other limited liability association ^ J taxable as a corporation, or as an insurance company, formed under the laws of any State— "(A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members; "(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A); "(C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and "(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person. "(4) PURCHASING GROUP.—The term 'purchasing group' means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis. . "(5) STATE.—The term 'State' mesms any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or, possession over which the United States has jurisdiction. "SEC. 402. STATE LAWS; SCOPE OF TITLE. "(a) STATE LAWS.—Nothing in this title shall be construed to affect

either the tort law or the law governing the interpretation of insurance contracts of any State. 'ITie definitions of pollution liability and pollution liability insurance under any State law shall not be applied for the purposes of this title, including recognition or qualification of risk retention groups or purchasing groups. "(b) SCOPE OF TITLE.—The authority to offer or to provide insurance under this title shall be limited to coverage of pollution liability risks and this title does not authorize a risk retention group or purchasing group to provide coverage of any other line of insurance.

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