Internal Revenue Code:Sec. 9507. Hazardous Substance Superfund

From TaxAlmanac

Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle I - Trust Fund Code
       CHAPTER 98 - TRUST FUND CODE
        Subchapter A - Establishment of Trust Funds
      

Statute

    Sec. 9507. Hazardous Substance Superfund
 
    (a) Creation of Trust Fund
      There is established in the Treasury of the United States a trust
    fund to be known as the ''Hazardous Substance Superfund''
    (hereinafter in this section referred to as the ''Superfund''),
    consisting of such amounts as may be -
        (1) appropriated to the Superfund as provided in this section,
        (2) appropriated to the Superfund pursuant to section 517(b) of
      the Superfund Revenue Act of 1986, or
        (3) credited to the Superfund as provided in section 9602(b).
    (b) Transfers to Superfund
      There are hereby appropriated to the Superfund amounts equivalent
    to -
        (1) the taxes received in the Treasury under section 59A, 4611,
      4661, or 4671 (relating to environmental taxes),
        (2) amounts recovered on behalf of the Superfund under the
      Comprehensive Environmental Response, Compensation, and Liability
      Act of 1980 (hereinafter in this section referred to as
      ''CERCLA''),
        (3) all moneys recovered or collected under section
      311(b)(6)(B) of the Clean Water Act, (FOOTNOTE 1)
       (FOOTNOTE 1) See References in Text note below.
        (4) penalties assessed under title I of CERCLA, and
        (5) punitive damages under section 107(c)(3) of CERCLA.
    In the case of the tax imposed by section 4611, paragraph (1) shall
    apply only to so much of such tax as is attributable to the
    Hazardous Substance Superfund financing rate under section 4611(c).
    (c) Expenditures from Superfund
      (1) In general
        Amounts in the Superfund shall be available, as provided in
      appropriation Acts, only for purposes of making expenditures -
          (A) to carry out the purposes of -
            (i) paragraphs (1), (2), (5), and (6) of section 111(a) of
          CERCLA as in effect on the date of the enactment of the
          Superfund Amendments and Reauthorization Act of 1986,
            (ii) section 111(c) of CERCLA (as so in effect), other than
          paragraphs (1) and (2) thereof, and
            (iii) section 111(m) of CERCLA (as so in effect), or
          (B) hereafter authorized by a law which does not authorize
        the expenditure out of the Superfund for a general purpose not
        covered by subparagraph (A) (as so in effect).
      (2) Exception for certain transfers, etc., of hazardous
          substances
        No amount in the Superfund or derived from the Superfund shall
      be available or used for the transfer or disposal of hazardous
      waste carried out pursuant to a cooperative agreement between the
      Administrator of the Environmental Protection Agency and a State
      if the following conditions apply -
          (A) the transfer or disposal, if made on December 13, 1985,
        would not comply with a State or local requirement,
          (B) the transfer is to a facility for which a final permit
        under section 3005(a) of the Solid Waste Disposal Act was
        issued after January 1, 1983, and before November 1, 1984, and
          (C) the transfer is from a facility identified as the McColl
        Site in Fullerton, California.
    (d) Authority to borrow
      (1) In general
        There are authorized to be appropriated to the Superfund, as
      repayable advances, such sums as may be necessary to carry out
      the purposes of the Superfund.
      (2) Limitation on aggregate advances
        The maximum aggregate amount of repayable advances to the
      Superfund which is outstanding at any one time shall not exceed
      an amount equal to the amount which the Secretary estimates will
      be equal to the sum of the amounts appropriated to the Superfund
      under subsection (b)(1) during the following 24 months.
      (3) Repayment of advances
        (A) In general
          Advances made to the Superfund shall be repaid, and interest
        on such advances shall be paid, to the general fund of the
        Treasury when the Secretary determines that moneys are
        available for such purposes in the Superfund.
        (B) Final repayment
          No advance shall be made to the Superfund after December 31,
        1995, and all advances to such Fund shall be repaid on or
        before such date.
        (C) Rate of interest
          Interest on advances made to the Superfund shall be at a rate
        determined by the Secretary of the Treasury (as of the close of
        the calendar month preceding the month in which the advance is
        made) to be equal to the current average market yield on
        outstanding marketable obligations of the United States with
        remaining periods to maturity comparable to the anticipated
        period during which the advance will be outstanding and shall
        be compounded annually.
    (e) Liability of United States limited to amount in Trust Fund
      (1) General rule
        Any claim filed against the Superfund may be paid only out of
      the Superfund.
      (2) Coordination with other provisions
        Nothing in CERCLA or the Superfund Amendments and
      Reauthorization Act of 1986 (or in any amendment made by either
      of such Acts) shall authorize the payment by the United States
      Government of any amount with respect to any such claim out of
      any source other than the Superfund.
      (3) Order in which unpaid claims are to be paid
        If at any time the Superfund has insufficient funds to pay all
      of the claims payable out of the Superfund at such time, such
      claims shall, to the extent permitted under paragraph (1), be
      paid in full in the order in which they were finally determined.
 

Sources

    (Added Pub. L. 99-499, title V, Sec. 517(a), Oct. 17, 1986, 100
    Stat. 1772; amended Pub. L. 99-509, title VIII, Sec. 8032(c)(4),
    Oct. 21, 1986, 100 Stat. 1959; Pub. L. 101-508, title XI, Sec.
    11231(c), Nov. 5, 1990, 104 Stat. 1388-445.)
 

References in Text

                             REFERENCES IN TEXT
      Section 517(b) of the Superfund Revenue Act of 1986, referred to
    in subsec. (a)(2), is section 517(b) of Pub. L. 99-499, which is
    set out as a note under this section.
      The Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980 and CERCLA, referred to in subsecs. (b)(2),
    (4), (5), (c)(1)(A), and (e)(2), is Pub. L. 96-510, Dec. 11, 1980,
    94 Stat. 2767, as amended, which is classified principally to
    chapter 103 (Sec. 9601 et seq.) of Title 42, The Public Health and
    Welfare. Title I of CERCLA is classified to subchapter I (Sec. 9601
    et seq.) of chapter 103 of Title 42. Sections 107(c)(3) and
    111(a)(1), (2), (5), and (6), (c), and (m) of CERCLA are classified
    to sections 9607(c)(3) and 9611(a)(1), (2), (5), and (6), (c), and
    (m) of Title 42, respectively.  For complete classification of this
    Act to the Code, see Short Title note set out under section 9601 of
    Title 42 and Tables.
      Section 311(b)(6)(B) of the Clean Water Act, referred to in
    subsec. (b)(3), which was classified to section 1321(b)(6)(B) of
    Title 33, Navigation and Navigable Waters, and which related to
    civil actions by the Administrator to impose penalties for
    prohibited discharges was struck out by Pub. L. 101-380, title IV,
    Sec. 4301(b), Aug. 18, 1990, 104 Stat. 533, which added a new
    section 311(b)(6)(B) relating to classes of civil penalties imposed
    by the Secretary of the department in which the Coast Guard is
    operating or the Administrator for prohibited discharges or
    violations of regulations.
      The date of the enactment of the Superfund Amendments and
    Reauthorization Act of 1986, referred to in subsec. (c)(1)(A)(i),
    is the date of enactment of Pub. L. 99-499, which was approved Oct.
    17, 1986.
      Section 3005(a) of the Solid Waste Disposal Act, referred to in
    subsec. (c)(2)(B), is classified to section 6925(a) of Title 42,
    The Public Health and Welfare.
      The Superfund Amendments and Reauthorization Act of 1986,
    referred to in subsec. (e)(2), is Pub. L. 99-499, Oct. 17, 1986,
    100 Stat. 1613. For complete classification of this Act to the
    Code, see Short Title of 1986 Amendment note set out under section
    9601 of Title 42 and Tables.
 

Miscellaneous

                                 AMENDMENTS
      1990 - Subsec. (d)(3)(B). Pub. L. 101-508 substituted ''December
    31, 1995'' for ''December 31, 1991''.
      1986 - Subsec. (b). Pub. L. 99-509 inserted at end ''In the case
    of the tax imposed by section 4611, paragraph (1) shall apply only
    to so much of such tax as is attributable to the Hazardous
    Substance Superfund financing rate under section 4611(c).''
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by Pub. L. 99-509 effective on commencement date as
    defined in section 4611(f)(2), see section 8032(d) of Pub. L.
    99-509, set out as a note under section 4611 of this title.
                               EFFECTIVE DATE
      Section 517(e) of Pub. L. 99-499 provided that:
      ''(1) In general. - The amendments made by this section (enacting
    this section, amending section 9601 of Title 42, The Public Health
    and Welfare, and repealing sections 9631 to 9633 of Title 42) shall
    take effect on January 1, 1987.
      ''(2) Superfund treated as continuation of old trust fund. - The
    Hazardous Substance Superfund established by the amendments made by
    this section shall be treated for all purposes of law as a
    continuation of the Hazardous Substance Response Trust Fund
    established by section 221 of the Hazardous Substance Response
    Revenue Act of 1980 (former 42 U.S.C. 9631). Any reference in any
    law to the Hazardous Substance Response Trust Fund established by
    such section 221 shall be deemed to include (wherever appropriate)
    a reference to the Hazardous Substance Superfund established by the
    amendments made by this section.''
                      AUTHORIZATION OF APPROPRIATIONS
      Section 517(b) of Pub. L. 99-499, as amended by Pub. L. 101-508,
    title XI, Sec. 11231(d), Nov. 5, 1990, 104 Stat. 1388-445, provided
    that: ''There is authorized to be appropriated, out of any money in
    the Treasury not otherwise appropriated, to the Hazardous Substance
    Superfund for fiscal year -
        ''(1) 1987, $250,000,000,
        ''(2) 1988, $250,000,000,
        ''(3) 1989, $250,000,000,
        ''(4) 1990, $250,000,000,
        ''(5) 1991, $250,000,000, and (sic)
        ''(6) 1992, $250,000,000,
        ''(7) 1993, $250,000,000,
        ''(8) 1994, $250,000,000, and
        ''(9) 1995, $250,000,000,
    plus for each fiscal year an amount equal to so much of the
    aggregate amount authorized to be appropriated under this
    subsection (and paragraph (2) of section 221(b) of the Hazardous
    Substance Response Act of 1980 (probably means section 221(b)(2) of
    the Hazardous Substance Response Revenue Act of 1980, which was
    classified to 42 U.S.C. 9631(b)(2) before its repeal by section
    517(c)(1) of Pub. L. 99-499), as in effect before its repeal) as
    has not been appropriated before the beginning of the fiscal year
    involved.''
      (Section 11231(d) of Pub. L. 101-508 directed that section 517(b)
    of Pub. L. 99-499, set out above, be ''amended by striking 'and' at
    the end of paragraph (4), by striking the period at the end of
    paragraph (5) and inserting ', and', and by adding at the end
    thereof'' new pars. (6) to (9), with par. (9) ending in a period.
    Pub. L. 104-188, title I, Sec. 1704(t)(44), Aug. 20, 1996, 110
    Stat. 1889, provided that section 11231(d) of Pub. L. 101-508
    ''shall be applied as if 'comma' appeared instead of 'period' (in
    the directory language amending section 517(b)(5) of Pub. L.
    99-499) and as if the paragraph (9) proposed to be added ended with
    a comma''.)
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 42 sections 9601, 9611.