CERCLA - Sec. 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 -
  - (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) (CERCLA - Sec. 9604. Response Authorities) of this title. The amounts recoverable in an action under this section shall include interest on the amounts recoverable under subparagraphs (A) through (D). Such interest shall accrue from the later of (i) the date payment of a specified amount is demanded in writing, or (ii) the date of the expenditure concerned. The rate of interest on the outstanding unpaid balance of the amounts recoverable under this section shall be the same rate as is specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26. For purposes of applying such amendments to interest under this subsection, the term ''comparable maturity'' shall be determined with reference to the date on which interest accruing under this subsection commences.

(b) Defenses
There shall be no liability under subsection (a) of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by -
- (1) an act of God;
- (2) an act of war;
- (3) an act or omission of a third party other than an employee
  or agent of the defendant, or than one whose act or omission
  occurs in connection with a contractual relationship, existing
  directly or indirectly, with the defendant (except where the sole
  contractual arrangement arises from a published tariff and
  acceptance for carriage by a common carrier by rail), if the
  defendant establishes by a preponderance of the evidence that (a)
  he exercised due care with respect to the hazardous substance
  concerned, taking into consideration the characteristics of such
  hazardous substance, in light of all relevant facts and
  circumstances, and (b) he took precautions against foreseeable
  acts or omissions of any such third party and the consequences
  that could foreseeably result from such acts or omissions; or
- (4) any combination of the foregoing paragraphs.

(c) Determination of amounts
- (1) Except as provided in paragraph (2) of this subsection, the liability under this section of an owner or operator or other responsible person for each release of a hazardous substance or incident involving release of a hazardous substance shall not exceed -
  - (A) for any vessel, other than an incineration vessel, which
    carries any hazardous substance as cargo or residue, $300 per
    gross ton, or $5,000,000, whichever is greater;
  - (B) for any other vessel, other than an incineration vessel,
    $300 per gross ton, or $500,000, whichever is greater;
  - (C) for any motor vehicle, aircraft, hazardous liquid pipeline
    facility (as defined in section 60101(a) of title 49), or rolling
    stock, $50,000,000 or such lesser amount as the President shall
    establish by regulation, but in no event less than $5,000,000
    (or, for releases of hazardous substances as defined in section
    9601(14)(A) of this title into the navigable waters, $8,000,000).
    Such regulations shall take into account the size, type,
    location, storage, and handling capacity and other matters
    relating to the likelihood of release in each such class and to
    the economic impact of such limits on each such class; or
  - (D) for any incineration vessel or any facility other than
    those specified in subparagraph (C) of this paragraph, the total
    of all costs of response plus $50,000,000 for any damages under
    this subchapter.
- (2) Notwithstanding the limitations in paragraph (1) of this subsection, the liability of an owner or operator or other responsible person under this section shall be the full and total costs of response and damages, if (A)(i) the release or threat of release of a hazardous substance was the result of willful misconduct or willful negligence within the privity or knowledge of such person, or (ii) the primary cause of the release was a violation (within the privity or knowledge of such person) of applicable safety, construction, or operating standards or regulations; or (B) such person fails or refuses to provide all reasonable cooperation and assistance requested by a responsible public official in connection with response activities under the national contingency plan with respect to regulated carriers subject to the provisions of title 49 or vessels subject to the provisions of title 33, 46, or 46 Appendix, subparagraph (A)(ii) of this paragraph shall be deemed to refer to Federal standards or regulations.
- (3) If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide removal or remedial action upon order of the President pursuant to section 9604 or 9606 of this title, such person may be liable to the United States for punitive damages in an amount at least equal to, and not more than three times, the amount of any costs incurred by the Fund as a result of such failure to take proper action. The President is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 9612(c) (CERCLA - Sec. 9612. Claims Procedure) of this title. Any moneys received by the United States pursuant to this subsection shall be deposited in the Fund.

(d) Rendering care or advice
- (1) In general
  Except as provided in paragraph (2), no person shall be liable
  under this subchapter for costs or damages as a result of actions
  taken or omitted in the course of rendering care, assistance, or
  advice in accordance with the National Contingency Plan (''NCP'')
  or at the direction of an onscene coordinator appointed under
  such plan, with respect to an incident creating a danger to
  public health or welfare or the environment as a result of any
  releases of a hazardous substance or the threat thereof. This
  paragraph shall not preclude liability for costs or damages as
  the result of negligence on the part of such person.
- (2) State and local governments
  No State or local government shall be liable under this
  subchapter for costs or damages as a result of actions taken in
  response to an emergency created by the release or threatened
  release of a hazardous substance generated by or from a facility
  owned by another person. This paragraph shall not preclude
  liability for costs or damages as a result of gross negligence or
  intentional misconduct by the State or local government. For the
  purpose of the preceding sentence, reckless, willful, or wanton
  misconduct shall constitute gross negligence.
- (3) Savings provision
  This subsection shall not alter the liability of any person
  covered by the provisions of paragraph (1), (2), (3), or (4) of
  subsection (a) of this section with respect to the release or
  threatened release concerned.

(e) Indemnification, hold harmless, etc., agreements or
conveyances; subrogation rights
- (1) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this section.
- (2) Nothing in this subchapter, including the provisions of paragraph (1) of this subsection, shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.

(f) Natural resources liability; designation of public trustees of
natural resources
- (1) Natural resources liability
  In the case of an injury to, destruction of, or loss of natural
  resources under subparagraph (C) of subsection (a) of this
  section liability shall be to the United States Government and to
  any State for natural resources within the State or belonging to,
  managed by, controlled by, or appertaining to such State and to
  any Indian tribe for natural resources belonging to, managed by,
  controlled by, or appertaining to such tribe, or held in trust
  for the benefit of such tribe, or belonging to a member of such
  tribe if such resources are subject to a trust restriction on
  alienation: Provided, however, That no liability to the United
  States or State or Indian tribe shall be imposed under
  subparagraph (C) of subsection (a) of this section, where the
  party sought to be charged has demonstrated that the damages to
  natural resources complained of were specifically identified as
  an irreversible and irretrievable commitment of natural resources
  in an environmental impact statement, or other comparable
  environment analysis, and the decision to grant a permit or
  license authorizes such commitment of natural resources, and the
  facility or project was otherwise operating within the terms of
  its permit or license, so long as, in the case of damages to an
  Indian tribe occurring pursuant to a Federal permit or license,
  the issuance of that permit or license was not inconsistent with
  the fiduciary duty of the United States with respect to such
  Indian tribe. The President, or the authorized representative of
  any State, shall act on behalf of the public as trustee of such
  natural resources to recover for such damages. Sums recovered by
  the United States Government as trustee under this subsection
  shall be retained by the trustee, without further appropriation,
  for use only to restore, replace, or acquire the equivalent of
  such natural resources. Sums recovered by a State as trustee
  under this subsection shall be available for use only to restore,
  replace, or acquire the equivalent of such natural resources by
  the State. The measure of damages in any action under
  subparagraph (C) of subsection (a) of this section shall not be
  limited by the sums which can be used to restore or replace such
  resources. There shall be no double recovery under this chapter
  for natural resource damages, including the costs of damage
  assessment or restoration, rehabilitation, or acquisition for the
  same release and natural resource. There shall be no recovery
  under the authority of subparagraph (C) of subsection (a) of this
  section where such damages and the release of a hazardous
  substance from which such damages resulted have occurred wholly
  before December 11, 1980.
- (2) Designation of Federal and State officials
  - (A) Federal
    The President shall designate in the National Contingency
    Plan published under section 9605 (CERCLA - Sec. 9605. National Contingency Plan) of this title the Federal
    officials who shall act on behalf of the public as trustees for
    natural resources under this chapter and section 1321 of title
    33. Such officials shall assess damages for injury to,
    destruction of, or loss of natural resources for purposes of
    this chapter and such section 1321 of title 33 for those
    resources under their trusteeship and may, upon request of and
    reimbursement from a State and at the Federal officials'
    discretion, assess damages for those natural resources under
    the State's trusteeship.
  - (B) State
    The Governor of each State shall designate State officials
    who may act on behalf of the public as trustees for natural
    resources under this chapter and section 1321 of title 33 and
    shall notify the President of such designations. Such State
    officials shall assess damages to natural resources for the
    purposes of this chapter and such section 1321 of title 33 for
    those natural resources under their trusteeship.
  - (C) Rebuttable presumption
    Any determination or assessment of damages to natural
    resources for the purposes of this chapter and section 1321 of
    title 33 made by a Federal or State trustee in accordance with
    the regulations promulgated under section 9651(c) (CERCLA - Sec. 9651. Reports and Studies) of this title
    shall have the force and effect of a rebuttable presumption on
    behalf of the trustee in any administrative or judicial
    proceeding under this chapter or section 1321 of title 33.

(g) Federal agencies
For provisions relating to Federal agencies, see section 9620 (CERCLA - Sec. 9620. Federal Facilities) of this title.

(h) Owner or operator of vessel
The owner or operator of a vessel shall be liable in accordance with this section, under maritime tort law, and as provided under section 9614 (CERCLA - Sec. 9614. Relationship to Other Law) of this title notwithstanding any provision of the Act of March 3, 1851 (46 U.S.C. 183ff) (46 App. U.S.C. 182, 183, 184-188) or the absence of any physical damage to the proprietary interest of the claimant.

(i) Application of a registered pesticide product
No person (including the United States or any State or Indian tribe) may recover under the authority of this section for any response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). 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 of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance.
- (j) Obligations or liability pursuant to federally permitted
  release
  Recovery by any person (including the United States or any State or Indian tribe) for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of this section. 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 of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance. In addition, costs of response incurred by the Federal Government in connection with a discharge specified in section 9601(10)(B) (CERCLA - Sec. 9601. Definitions) or (C) of this title shall be recoverable in an action brought under section 1319(b) of title 33.
- (k) Transfer to, and assumption by, Post-Closure Liability Fund of
  liability of owner or operator of hazardous waste disposal
  facility in receipt of permit under applicable solid waste
  disposal law; time, criteria applicable, procedures, etc.;
  monitoring costs; reports
  - (1) The liability established by this section or any other law for the owner or operator of a hazardous waste disposal facility which has received a permit under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), shall be transferred to and assumed by the Post-closure Liability Fund established by section 9641 ^[1] of this title when -
    - (A) such facility and the owner and operator thereof has
      complied with the requirements of subtitle C of the Solid Waste
      Disposal Act (42 U.S.C. 6921 et seq.) and regulations issued
      thereunder, which may affect the performance of such facility
      after closure; and
    - (B) such facility has been closed in accordance with such
      regulations and the conditions of such permit, and such facility
      and the surrounding area have been monitored as required by such
      regulations and permit conditions for a period not to exceed five
      years after closure to demonstrate that there is no substantial
      likelihood that any migration offsite or release from confinement
      of any hazardous substance or other risk to public health or
      welfare will occur.
  - (2) Such transfer of liability shall be effective ninety days after the owner or operator of such facility notifies the Administrator of the Environmental Protection Agency (and the State where it has an authorized program under section 3006(b) of the Solid Waste Disposal Act (42 U.S.C. 6926(b))) that the conditions imposed by this subsection have been satisfied. If within such ninety-day period the Administrator of the Environmental Protection Agency or such State determines that any such facility has not complied with all the conditions imposed by this subsection or that insufficient information has been provided to demonstrate such compliance, the Administrator or such State shall so notify the owner and operator of such facility and the administrator of the Fund established by section 9641 ^[1] of this title, and the owner and operator of such facility shall continue to be liable with respect to such facility under this section and other law until such time as the Administrator and such State determines that such facility has complied with all conditions imposed by this subsection. A determination by the Administrator or such State that a facility has not complied with all conditions imposed by this subsection or that insufficient information has been supplied to demonstrate compliance, shall be a final administrative action for purposes of judicial review. A request for additional information shall state in specific terms the data required.
  - (3) In addition to the assumption of liability of owners and operators under paragraph (1) of this subsection, the Post-closure Liability Fund established by section 9641 ^[1] of this title may be used to pay costs of monitoring and care and maintenance of a site incurred by other persons after the period of monitoring required by regulations under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) for hazardous waste disposal facilities meeting the conditions of paragraph (1) of this subsection.
  - (4)
    - (A) Not later than one year after December 11, 1980, the Secretary of the Treasury shall conduct a study and shall submit a report thereon to the Congress on the feasibility of establishing or qualifying an optional system of private insurance for postclosure financial responsibility for hazardous waste disposal facilities to which this subsection applies. Such study shall include a specification of adequate and realistic minimum standards to assure that any such privately placed insurance will carry out the purposes of this subsection in a reliable, enforceable, and practical manner. Such a study shall include an examination of the public and private incentives, programs, and actions necessary to make privately placed insurance a practical and effective option to the financing system for the Post-closure Liability Fund provided in subchapter II ^[1] of this chapter.
    - (B) Not later than eighteen months after December 11, 1980, and after a public hearing, the President shall by rule determine whether or not it is feasible to establish or qualify an optional system of private insurance for postclosure financial responsibility for hazardous waste disposal facilities to which this subsection applies. If the President determines the establishment or qualification of such a system would be infeasible, he shall promptly publish an explanation of the reasons for such a determination. If the President determines the establishment or qualification of such a system would be feasible, he shall promptly publish notice of such determination. Not later than six months after an affirmative determination under the preceding sentence and after a public hearing, the President shall by rule promulgate adequate and realistic minimum standards which must be met by any such privately placed insurance, taking into account the purposes of this chapter and this subsection. Such rules shall also specify reasonably expeditious procedures by which privately placed insurance plans can qualify as meeting such minimum standards.
    - (C) In the event any privately placed insurance plan qualifies under subparagraph (B), any person enrolled in, and complying with the terms of, such plan shall be excluded from the provisions of paragraphs (1), (2), and (3) of this subsection and exempt from the requirements to pay any tax or fee to the Post-closure Liability Fund under subchapter II ^[1] of this chapter.
    - (D) The President may issue such rules and take such other actions as are necessary to effectuate the purposes of this paragraph.
  - (5) Suspension of liability transfer. - Notwithstanding paragraphs (1), (2), (3), and (4) of this subsection and subsection (j) of section 9611 (CERCLA - Sec. 9611. Uses of Fund) of this title, no liability shall be transferred to or assumed by the Post-Closure Liability Trust Fund established by section 9641 ^[1] of this title prior to completion of the study required under paragraph (6) of this subsection, transmission of a report of such study to both Houses of Congress, and authorization of such a transfer or assumption by Act of Congress following receipt of such study and report.
  - (6) Study of options for post-closure program. -
    - (A) Study. - The Comptroller General shall conduct a study of
      options for a program for the management of the liabilities
      associated with hazardous waste treatment, storage, and disposal
      sites after their closure which complements the policies set
      forth in the Hazardous and Solid Waste Amendments of 1984 and
      assures the protection of human health and the environment.
    - (B) Program elements. - The program referred to in subparagraph
      (A) shall be designed to assure each of the following:

(i) Incentives are created and maintained for the safe
management and disposal of hazardous wastes so as to assure
protection of human health and the environment.

(ii) Members of the public will have reasonable confidence
that hazardous wastes will be managed and disposed of safely
and that resources will be available to address any problems
that may arise and to cover costs of long-term monitoring,
care, and maintenance of such sites.

(iii) Persons who are or seek to become owners and operators
of hazardous waste disposal facilities will be able to manage
their potential future liabilities and to attract the
investment capital necessary to build, operate, and close such
facilities in a manner which assures protection of human health
and the environment.
- (C) Assessments. - The study under this paragraph shall include
  assessments of treatment, storage, and disposal facilities which
  have been or are likely to be issued a permit under section 3005
  of the Solid Waste Disposal Act (42 U.S.C. 6925) and the
  likelihood of future insolvency on the part of owners and
  operators of such facilities. Separate assessments shall be made
  for different classes of facilities and for different classes of
  land disposal facilities and shall include but not be limited to
  -

(i) the current and future financial capabilities of facility
owners and operators;

(ii) the current and future costs associated with facilities,
including the costs of routine monitoring and maintenance,
compliance monitoring, corrective action, natural resource
damages, and liability for damages to third parties; and

(iii) the availability of mechanisms by which owners and
operators of such facilities can assure that current and future
costs, including post-closure costs, will be financed.
- (D) Procedures. - In carrying out the responsibilities of this
  paragraph, the Comptroller General shall consult with the
  Administrator, the Secretary of Commerce, the Secretary of the
  Treasury, and the heads of other appropriate Federal agencies.
- (E) Consideration of options. - In conducting the study under
  this paragraph, the Comptroller General shall consider various
  mechanisms and combinations of mechanisms to complement the
  policies set forth in the Hazardous and Solid Waste Amendments of
  1984 to serve the purposes set forth in subparagraph (B) and to
  assure that the current and future costs associated with
  hazardous waste facilities, including post-closure costs, will be
  adequately financed and, to the greatest extent possible, borne
  by the owners and operators of such facilities. Mechanisms to be
  considered include, but are not limited to -

(i) revisions to closure, post-closure, and financial
responsibility requirements under subtitles C and I of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq., 6991 et
seq.);

(ii) voluntary risk pooling by owners and operators;

(iii) legislation to require risk pooling by owners and
operators;

(iv) modification of the Post-Closure Liability Trust Fund
previously established by section 9641 ^[2] of this
title, and the conditions for transfer of liability under this
subsection, including limiting the transfer of some or all
liability under this subsection only in the case of insolvency
of owners and operators;

(v) private insurance;

(vi) insurance provided by the Federal Government;

(vii) coinsurance, reinsurance, or pooled-risk insurance,
whether provided by the private sector or provided or assisted
by the Federal Government; and

(viii) creation of a new program to be administered by a new
or existing Federal agency or by a federally chartered
corporation.
- (F) Recommendations. - The Comptroller General shall consider
  options for funding any program under this section and shall, to
  the extent necessary, make recommendations to the appropriate
  committees of Congress for additional authority to implement such
  program.
  - (l) Federal lien
    - (1) In general
      All costs and damages for which a person is liable to the
      United States under subsection (a) of this section (other than
      the owner or operator of a vessel under paragraph (1) of
      subsection (a) of this section) shall constitute a lien in favor
      of the United States upon all real property and rights to such
      property which -
- (A) belong to such person; and
- (B) are subject to or affected by a removal or remedial
  action.
  - (2) Duration
    The lien imposed by this subsection shall arise at the later of
    the following:
- (A) The time costs are first incurred by the United States
  with respect to a response action under this chapter.
- (B) The time that the person referred to in paragraph (1) is
  provided (by certified or registered mail) written notice of
  potential liability.
  Such lien shall continue until the liability for the costs (or a
  judgment against the person arising out of such liability) is
  satisfied or becomes unenforceable through operation of the
  statute of limitations provided in section 9613 (CERCLA - Sec. 9613. Civil Proceedings) of this title.
  - (3) Notice and validity
    The lien imposed by this subsection shall be subject to the
    rights of any purchaser, holder of a security interest, or
    judgment lien creditor whose interest is perfected under
    applicable State law before notice of the lien has been filed in
    the appropriate office within the State (or county or other
    governmental subdivision), as designated by State law, in which
    the real property subject to the lien is located. Any such
    purchaser, holder of a security interest, or judgment lien
    creditor shall be afforded the same protections against the lien
    imposed by this subsection as are afforded under State law
    against a judgment lien which arises out of an unsecured
    obligation and which arises as of the time of the filing of the
    notice of the lien imposed by this subsection. If the State has
    not by law designated one office for the receipt of such notices
    of liens, the notice shall be filed in the office of the clerk of
    the United States district court for the district in which the
    real property is located. For purposes of this subsection, the
    terms ''purchaser'' and ''security interest'' shall have the
    definitions provided under section 6323(h) of title 26.
  - (4) Action in rem
    The costs constituting the lien may be recovered in an action
    in rem in the United States district court for the district in
    which the removal or remedial action is occurring or has
    occurred. Nothing in this subsection shall affect the right of
    the United States to bring an action against any person to
    recover all costs and damages for which such person is liable
    under subsection (a) of this section.
    - (m) Maritime lien
      All costs and damages for which the owner or operator of a vessel is liable under subsection (a)(1) of this section with respect to a release or threatened release from such vessel shall constitute a maritime lien in favor of the United States on such vessel. Such costs may be recovered in an action in rem in the district court of the United States for the district in which the vessel may be found. Nothing in this subsection shall affect the right of the United States to bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs.
    - (n) Liability of fiduciaries
  - (1) In general
    The liability of a fiduciary under any provision of this
    chapter for the release or threatened release of a hazardous
    substance at, from, or in connection with a vessel or facility
    held in a fiduciary capacity shall not exceed the assets held in
    the fiduciary capacity.
  - (2) Exclusion
    Paragraph (1) does not apply to the extent that a person is
    liable under this chapter independently of the person's ownership
    of a vessel or facility as a fiduciary or actions taken in a
    fiduciary capacity.
  - (3) Limitation
    Paragraphs (1) and (4) do not limit the liability pertaining to
    a release or threatened release of a hazardous substance if
    negligence of a fiduciary causes or contributes to the release or
    threatened release.
  - (4) Safe harbor
    A fiduciary shall not be liable in its personal capacity under
    this chapter for -
- (A) undertaking or directing another person to undertake a
  response action under subsection (d)(1) of this section or
  under the direction of an on scene coordinator designated under
  the National Contingency Plan;
- (B) undertaking or directing another person to undertake any
  other lawful means of addressing a hazardous substance in
  connection with the vessel or facility;
- (C) terminating the fiduciary relationship;
- (D) including in the terms of the fiduciary agreement a
  covenant, warranty, or other term or condition that relates to
  compliance with an environmental law, or monitoring, modifying
  or enforcing the term or condition;
- (E) monitoring or undertaking 1 or more inspections of the
  vessel or facility;
- (F) providing financial or other advice or counseling to
  other parties to the fiduciary relationship, including the
  settlor or beneficiary;
- (G) restructuring, renegotiating, or otherwise altering the
  terms and conditions of the fiduciary relationship;
- (H) administering, as a fiduciary, a vessel or facility that
  was contaminated before the fiduciary relationship began; or
- (I) declining to take any of the actions described in
  subparagraphs (B) through (H).
  - (5) Definitions
    As used in this chapter:
- (A) Fiduciary
  The term ''fiduciary'' -

(i) means a person acting for the benefit of another party
as a bona fide -
- (I) trustee;
- (II) executor;
- (III) administrator;
- (IV) custodian;
- (V) guardian of estates or guardian ad litem;
- (VI) receiver;
- (VII) conservator;
- (VIII) committee of estates of incapacitated persons;
- (IX) personal representative;
- (X) trustee (including a successor to a trustee) under an
  indenture agreement, trust agreement, lease, or similar
  financing agreement, for debt securities, certificates of
  interest or certificates of participation in debt
  securities, or other forms of indebtedness as to which the
  trustee is not, in the capacity of trustee, the lender; or
- (XI) representative in any other capacity that the
  Administrator, after providing public notice, determines to
  be similar to the capacities described in subclauses (I)
  through (X); and

(ii) does not include -
- (I) a person that is acting as a fiduciary with respect
  to a trust or other fiduciary estate that was organized for
  the primary purpose of, or is engaged in, actively carrying
  on a trade or business for profit, unless the trust or
  other fiduciary estate was created as part of, or to
  facilitate, 1 or more estate plans or because of the
  incapacity of a natural person; or
- (II) a person that acquires ownership or control of a
  vessel or facility with the objective purpose of avoiding
  liability of the person or of any other person.
- (B) Fiduciary capacity
  The term ''fiduciary capacity'' means the capacity of a
  person in holding title to a vessel or facility, or otherwise
  having control of or an interest in the vessel or facility,
  pursuant to the exercise of the responsibilities of the person
  as a fiduciary.
  - (6) Savings clause
    Nothing in this subsection -
- (A) affects the rights or immunities or other defenses that
  are available under this chapter or other law that is
  applicable to a person subject to this subsection; or
- (B) creates any liability for a person or a private right of
  action against a fiduciary or any other person.
  - (7) No effect on certain persons
    Nothing in this subsection applies to a person if the person -
- (A)
  - (i) acts in a capacity other than that of a fiduciary or
    in a beneficiary capacity; and
  - (ii) in that capacity, directly or indirectly benefits from a
    trust or fiduciary relationship; or
- (B)
  - (i) is a beneficiary and a fiduciary with respect to the
    same fiduciary estate; and
  - (ii) as a fiduciary, receives benefits that exceed customary
    or reasonable compensation, and incidental benefits, permitted
    under other applicable law.
    - (8) Limitation
      This subsection does not preclude a claim under this chapter
      against -
- (A) the assets of the estate or trust administered by the
  fiduciary; or
- (B) a nonemployee agent or independent contractor retained by
  a fiduciary.

Footnotes

[1] See References in Text note below.
[2] See References in Text note below.

CERCLA - Sec. 9607. Liability

Footnotes

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