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    Created by Michael Wessels
    1. U.S. Code
    2. Title 26
    3. Subtitle I
    4. CHAPTER 98
    5. Subchapter A

    § 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 of the Superfund Revenue Act of 1986, or

    (3) credited to the Superfund as provided in .

    (b) Transfers to Superfund

    There are hereby appropriated to the Superfund amounts equivalent to—

    (1) the taxes received in the Treasury under section 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 of the Clean Water Act,

    (4) penalties assessed under title I of CERCLA, and

    (5) punitive damages under of CERCLA.

    (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—

    to carry out the purposes of—

    (i) paragraphs (1), (2), (5), and (6) of of CERCLA as in effect on the date of the enactment of the Superfund Amendments and Reauthorization Act of 1986,

    (ii) of CERCLA (as so in effect), other than paragraphs (1) and (2) thereof, and

    (iii) 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

    (B) the transfer is to a facility for which a final permit under of the Solid Waste Disposal Act was issued after

    (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

    (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.