42 U.S.C. § 9614

Relationship to other law

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(a) Additional State liability or requirements with respect to release of substances within State

Nothing in this chapter shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances within such State.

(b) Recovery under other State or Federal law of compensation for removal costs or damages, or payment of claims

Any person who receives compensation for removal costs or damages or claims pursuant to this chapter shall be precluded from recovering compensation for the same removal costs or damages or claims pursuant to any other State or Federal law. Any person who receives compensation for removal costs or damages or claims pursuant to any other Federal or State law shall be precluded from receiving compensation for the same removal costs or damages or claims as provided in this chapter.

(c) Recycled oil(1) Service station dealers, etc.No person (including the United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of section 9607 of this title, 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 9606 of this title against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of section 9607 of this title, 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 [42 U.S.C. 6935] 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) PresumptionSolely 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 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 [42 U.S.C. 6903(36), (37)] and regulations promulgated pursuant to that Act [42 U.S.C. 6901 et seq.].

(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 [42 U.S.C. 6935] 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 [42 U.S.C. 6921 et seq., 6991 et seq.].

(d) Financial responsibility of owner or operator of vessel or facility under State or local law, rule, or regulation

Except as provided in this subchapter, no owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility in accordance with this subchapter shall be required under any State or local law, rule, or regulation to establish or maintain any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from such vessel or facility. Evidence of compliance with the financial responsibility requirements of this subchapter shall be accepted by a State in lieu of any other requirement of financial responsibility imposed by such State in connection with liability for the release of a hazardous substance from such vessel or facility.

(Pub. L. 96–510, title I, § 114, Dec. 11, 1980, 94 Stat. 2795; Pub. L. 99–499, title I, § 114(a), Oct. 17, 1986, 100 Stat. 1652.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

The Solid Waste Disposal Act, referred to in subsec. (c)(3), (4), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitles C and I of the Solid Waste Disposal Act are classified generally to subchapters III (§ 6921 et seq.) and IX (§ 6991 et seq.), respectively, of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

Amendments

1986—Subsec. (c). Pub. L. 99–499 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Except as provided in this chapter, no person may be required to contribute to any fund, the purpose of which is to pay compensation for claims for any costs of response or damages or claims which may be compensated under this subchapter. Nothing in this section shall preclude any State from using general revenues for such a fund, or from imposing a tax or fee upon any person or upon any substance in order to finance the purchase or prepositioning of hazardous substance response equipment or other preparations for the response to a release of hazardous substances which affects such State.”

Notes of Decisions

Cited in 119 cases (11 in the last 5 years), 1982–2025 · leading case: Exxon Corp. v. Hunt, 475 U.S. 355 (1986).

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Exxon Corp. v. Hunt, 475 U.S. 355 (1986). · cites it 8× “2796 , 42 U. S. C. § 9614 (c), pre-empts the New Jersey Spill Compensation and Control Act, N.”

Atl. Richfield Co. v. Christian, 140 S. Ct. 1335 (2020). · cites it 2× “” 42 U. S. C. §9614 (a). It added that “[n]othing in this [Act] shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to re- leases of hazardous substances or other pollutants or con-…”

Lockheed Martin Corp. v. United States, 833 F.3d 225 (D.C. Cir. 2016). · cites it 4× “42 U.S.C. § 9614 (b). The government also contended, more generally, that Lockheed is barred from recovering from the United States under section 107(a) because the government “has already paid its share” of cleanup costs, so cost collection under CERCLA would be inequitable…”

State of New Mexico v. Gen. Elec., 467 F.3d 1223 (10th Cir. 2006). · cites it 3× “The first, 42 U.S.C. § 9614 (a), provides: “Nothing in this chapter shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances within such State.”

Santa Clarita Valley Water Agency v. Whittaker Corp., 99 F.4th 458 (9th Cir. 2024). · cites it 5× “However, it found that SCVWA could not establish CERCLA liability against Whittaker for its blend water costs and replacement water costs primarily because it would be duplicative of the jury award, and thus precluded by CERCLA’s bar on double recovery, 42 U.S.C. § 9614 (b). The…”

El Paso Nat. Gas Co. v. United States, 750 F.3d 863 (D.C. Cir. 2014). · cites it 2× “at 1576 (citing 42 U.S.C. § 9614 (a), providing that “[n]othing in [CERCLA] shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances within such State”); see also Ark…”

Ekotek Site PRP Comm. v. Self, 881 F. Supp. 1516 (D. Utah 1995). · cites it 4× “Service Station Exemption A number of defendants have invoked the protections of the service station dealer exemption, codified at 42 U.S.C. § 9614 (e)(1). This provision, adopted in 1986 as part of the Superfund Amendments and Reauthorization Act (SARA) P.”

Litgo New Jersey Inc. v. Comm'r New Jersey Dep't of Env't Prot., 725 F.3d 369 (3rd Cir. 2013). · cites it 2× “§ 9613 (f)(2) (explaining that a settlement that resolves a person’s liability to the United States or a State “reduces the potential liability of the others by the amount of the settlement”); see also 42 U.S.C. § 9614 (b) (“Any person who receives compensation for removal costs…”

New York v. West Side Corp., 790 F. Supp. 2d 13 (E.D.N.Y 2011). · cites it 4× “CERCLA § 114(a), (b), 42 U.S.C. § 9614 (a), (b). Following suit, the Second Circuit has held that CERCLA does not expressly preempt all state law claims, but *21 does bar double recovery for the same injuries.”

Mid Valley Bank v. North Valley Bank, 764 F. Supp. 1377 (E.D. Cal. 1991). · cites it 3× “” 42 U.S.C. § 9614 (c)(1)(A). 5 Some additional support for an interpretation of the petroleum exclusion which does not include waste oil may be found in a variety of cases which have addressed CERCLA in various contexts.”

Boeing Co., Plaintiff-Appellee-Cross-Appellant v. Cascade Corp., Opinion-Appellant-Cross-Appellee, 207 F.3d 1177 (9th Cir. 2000). · cites it 2× “The district court opinion says “I find that the prohibition of 42 U.S.C. § 9614 against double recovery requires that the settlement funds be factored into allocation of response costs.”

State Ex Rel. Hatch v. Employers Ins. of Wausau, 644 N.W.2d 820 (Minn. Ct. App. 2002). · cites it 3× “With respect to field preemption, 42 U.S.C. § 9614 (a) states: [n]othing in this chapter shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to release of hazardous substances within the State.”

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