{"identifier":"/us/usc/t42/s9658","title":42,"num":"\u00a7\u202f9658.","heading":"Actions under State law for damages from exposure to hazardous substances","text":"\u00a7\u202f9658.\nActions under State law for damages from exposure to hazardous substances\n(a)\nState statutes of limitations for hazardous substance cases\n(1)\nException to State statutes\nIn 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.\n(2)\nState law generally applicable\nExcept 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.\n(3)\nActions under section 9607\nNothing in this section shall apply with respect to any cause of action brought under\nsection 9607 of this title\n(b)\nDefinitions\nAs used in this section\u2014\n(1)\nSubchapter I terms\nThe terms used in this section shall have the same meaning as when used in subchapter I of this chapter.\n(2)\nApplicable limitations period\nThe term \u201capplicable limitations period\u201d means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) may be brought.\n(3)\nCommencement date\nThe term \u201ccommencement date\u201d means the date specified in a statute of limitations as the beginning of the applicable limitations period.\n(4)\nFederally required commencement date\n(A)\nIn general\nExcept as provided in subparagraph (B), the term \u201cfederally required commencement date\u201d 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.\n(B)\nSpecial rules\nIn the case of a minor or incompetent plaintiff, the term \u201cfederally required commencement date\u201d means the later of the date referred to in subparagraph (A) or the following:\n(i) In the case of a minor, the date on which the minor reaches the age of majority, as determined by State law, or has a legal representative appointed.\n(ii) In the case of an incompetent individual, the date on which such individual becomes competent or has had a legal representative appointed.","url":"https://projectusc.org/usc/t42/s9658.html","content":[{"t":"sec","id":"/us/usc/t42/s9658","children":[{"t":"num","text":"\u00a7\u202f9658."},{"t":"heading","text":"Actions under State law for damages from exposure to hazardous substances"},{"t":"subsec","id":"/us/usc/t42/s9658/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"State statutes of limitations for hazardous substance cases"},{"t":"para","id":"/us/usc/t42/s9658/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Exception to State statutes"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9658/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"State law generally applicable"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9658/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Actions under section 9607"},{"t":"content","children":[{"t":"p","text":"Nothing in this section shall apply with respect to any cause of action brought under ","children":[{"t":"ref","text":"section 9607 of this title","href":"/us/usc/t42/s9607","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s9658/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"As used in this section\u2014"},{"t":"para","id":"/us/usc/t42/s9658/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Subchapter I terms"},{"t":"content","children":[{"t":"p","text":"The terms used in this section shall have the same meaning as when used in subchapter I of this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9658/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Applicable limitations period"},{"t":"content","children":[{"t":"p","text":"The term \u201capplicable limitations period\u201d means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) may be brought.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9658/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Commencement date"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommencement date\u201d means the date specified in a statute of limitations as the beginning of the applicable limitations period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9658/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Federally required commencement date"},{"t":"subpara","id":"/us/usc/t42/s9658/b/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (B), the term \u201cfederally required commencement date\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9658/b/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Special rules"},{"t":"chapeau","text":"In the case of a minor or incompetent plaintiff, the term \u201cfederally required commencement date\u201d means the later of the date referred to in subparagraph (A) or the following:"},{"t":"clause","id":"/us/usc/t42/s9658/b/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" In the case of a minor, the date on which the minor reaches the age of majority, as determined by State law, or has a legal representative appointed.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s9658/b/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" In the case of an incompetent individual, the date on which such individual becomes competent or has had a legal representative appointed.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}