42-U.S.C.-9656

42-U.S.C.-9656

§9656 – Transportation of Hazardous Substances; Listing As Hazardous Material; Liability For Release

Pathway

Title 42 > Chapter 103 > Subchapter III > Section 9656

Details

  • Reference: Section 9656
  • Legend: §9656 – Transportation of Hazardous Substances; Listing As Hazardous Material; Liability For Release
  • USCode Year: 2011

Provision Content

(a) Each hazardous substance which is listed or designated as provided in section 9601(14) of this title shall, within 30 days after October 17, 1986, or at the time of such listing or designation, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49.

(b) A common or contract carrier shall be liable under other law in lieu of section 9607 of this title for damages or remedial action resulting from the release of a hazardous substance during the course of transportation which commenced prior to the effective date of the listing and regulation of such substance as a hazardous material under chapter 51 of title 49, or for substances listed pursuant to subsection (a) of this section, prior to the effective date of such listing: Provided, however, That this subsection shall not apply where such a carrier can demonstrate that he did not have actual knowledge of the identity or nature of the substance released.

(Pub. L. 96–510, title III, §306(a), (b), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 99–499, title II, §202, Oct. 17, 1986, 100 Stat. 1695.)

Codification

In subsecs. (a) and (b), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1986—Subsec. (a). Pub. L. 99–499, §202(a), substituted “within 30 days after October 17, 1986” for “within ninety days after December 11, 1980” and inserted “and regulated” before “as a hazardous material”.

Subsec. (b). Pub. L. 99–499, §202(b), inserted “and regulation” after “prior to the effective date of the listing”.

U.S. Encyclopedia of Law Coverage

42-U.S.C.-9627 in the Legal Encyclopedia: Public Health

In this entry about 42-U.S.C.-9627, find legal reference material, bibliographies and premiere content related to public health in the American Encyclopedia of Law, presenting a comprehensive view of the United States public health-specific issues, written by authorities in the field.

42-U.S.C.-9619 in the Legal Encyclopedia: Hazardous Substances

In this entry about 42-U.S.C.-9619, find legal reference material, bibliographies and premiere content related to hazardous substances in the American Encyclopedia of Law, presenting a comprehensive view of the United States hazardous substances-specific issues, written by authorities in the field.

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