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42 U.S.C. § 9658

Actions under State law for damages from exposure to hazardous substances

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

Environment
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42 U.S.C. § 9658, Actions under State law for damages from exposure to hazardous substances, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/482017
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In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable limitations period for such action (as specified in the State statute of limitations or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute. Except as provided in paragraph (1), the statute of limitations established under State law shall apply in all actions brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility. Nothing in this section shall apply with respect to any cause of action brought under section 9607 of this title. As used in this section— The terms used in this section shall have the same meaning as when used in subchapter I of this chapter. The term “applicable limitations period” means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) may be brought. The term “commencement date” means the date specified in a statute of limitations as the beginning of the applicable limitations period. Except as provided in subparagraph (B), the term “federally required commencement date” means the date the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in subsection (a)(1) were caused or contributed to by the hazardous substance or pollutant or contaminant concerned. In the case of a minor or incompetent plaintiff, the term “federally required commencement date” means the later of the date referred to in subparagraph (A) or the following:

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 96-510(H.R. 7020)1980-12-11
    An act to provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-499(H.R. 2005)1986-10-17
    Superfund Amendments and Reauthorization Act of 1986
    House: no recorded tallySenate: no recorded tally