Addendum — Shell Oil Co. v. United States (Nos. 07-1607, 07-1601)

TABLE OF CONTENTS TO ADDENDUM

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TITLE 42. THE PUBLIC HEALTH AND

WELFARE

CHAPTER 103. COMPREHENSIVE

ENVIRONMENTAL RESPONSE,

COMPENSATION, AND LIABILITY

SUBCHAPTER I. HAZARDOUS SUBSTANCES

RELEASES, LIABILITY, COMPENSATION

42 U.S.C. § 9601

§ 9601. Definitions

For purpose of this subchapter—

* hK *

(9) The term “facility” means (A) any building,

structure, installation, equipment, pipe or pipeline

(including any pipe into a sewer or publicly owned

treatment works), well, pit, pond, lagoon,

impoundment, ditch, landfill, storage container, motor

vehicle, rolling stock, or aircraft, or (B) any site or area

where a hazardous substance has been deposited,

stored, disposed of, or placed, or otherwise come to be

located; but does not include any consumer product in

consumer use or any vessel.

* * *

(11) The term “Fund” or “Trust Fund” means the

Hazardous Substance Superfund established by section

9507 of title 26.

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(12) The term “ground water” means water in a

saturated zone or stratum beneath the surface of land

or water.

* * *

(14) The term “hazardous substance” means (A)

any substance designated pursuant to section

1321(b)(2)(A) of title 33, (B) any element, compound,

mixture, solution, or substance designated pursuant to

section 9602 of this title, (C) any hazardous waste

having the characteristics identified under or listed

pursuant to section 3001 of the Solid Waste Disposal

Act [42 U.S.C. 6921] (but not including any waste the

regulation of which under the Solid Waste Disposal Act

[42 U.S.C. 6901 et seq.] has been suspended by Act of

Congress), (D) any toxic pollutant listed under section

1317(a) of title 33, (E) any hazardous air pollutant listed

under section 112 of the Clean Air Act |42 U.S.C. 7412],

and (F) any imminently hazardous chemical substance

or mixture with respect to which the Administrator

has taken action pursuant to section 2606 of title 15.

The term does not include petroleum, including crude

oil or any fraction thereof which is not otherwise

specifically listed or designated as a_ hazardous

substance under subparagraphs (A) through (F) of this

paragraph, and the term does not include natural gas,

natural gas liquids, liquefied natural gas, or synthetic

gas usable for fuel (or mixtures of natural gas and such

synthetic gas).

* * *

(20)(A) The term “owner or operator” means (i) in

the case of a vessel, any person owning, operating, or

chartering by demise, such vessel, (ii) in the case of an

onshore facility or an offshore facility, any person

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owning or operating such facility, and (iii) in the case of

any facility, title or control of which was conveyed due

to bankruptcy, foreclosure, tax delinquency,

abandonment, or similar means to a unit of State or

local government, any person who owned, operated, or

otherwise controlled activities at such facility

immediately beforehand. Such term does not include a

person, who, without participating in the management

of a vessel or facility, holds indicia of ownership

primarily to protect his security interest in the vessel

or facility.

* * *

(32) The terms “liable” or “liability” under this

subchapter shall be construed to be the standard of

liability which obtains under section 1321 of title 33.

* * *

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42 U.S.C. § 9607

§ 9607. Liability

(a) Covered persons; scope; recoverable costs and

damages; interest rate; “comparable maturity” date.

Notwithstanding any other provision or rule of

law, and subject only to the defenses set forth in

subsection (b) of this section

(1) the owner and operator of a vessel or a

facility,

(2) any person who at the time of disposal of

any hazardous substance owned or operated any

facility at which such hazardous substances were

disposed of,

(3) any person who by contract, agreement, or

otherwise arranged for disposal or treatment, or

arranged with a transporter for transport for

disposal or treatment, of hazardous substances

owned or possessed by such person, by any other

party or entity, at any facility or incineration

vessel owned or operated by another party or

entity and containing such hazardous substances,

and

(4) any person who accepts or accepted any

hazardous substances for transport to disposal or

treatment facilities, incineration vessels or sites

selected by such person, from which there is a

release, or a threatened release which causes the

incurrence of response costs, of a hazardous

substance, shall be liable for—

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(A) all costs of removal or remedial action

incurred by the United States Government or

a State or an Indian tribe not inconsistent with

the national contingency plan;

(B) any other necessary costs of response

incurred by any other person consistent with

the national contingency plan;

(C) damages for injury to, destruction of,

or loss of natural resources, including the

reasonable costs of assessing such injury,

destruction, or loss resulting from such a

release; and

(D) the costs of any health assessment or

health effects study carried out under section

9604(i) of this title.