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Code · BILL · 118th Congress · S. 4187 (Introduced in Senate) — To phase out production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances, to prohibit releases of... · Sec. 203

Sec. 203. Bankruptcy provision relating to persistent, bioaccumulative, and toxic chemicals defendants and debtors

331 words·~2 min read·/bill/118/s/4187/is/section-203

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Title III of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9651 et seq. ) is amended by adding at the end the following: In this section: The terms claim , debtor , entity , and petition have the meanings given those terms in section 101 of title 11, United States Code. The term estate means an estate of a debtor described in section 541 of title 11, United States Code. The term nondebtor entity means an entity that is not a debtor or an estate.
The term PBT claim means a claim based on, arising from, or attributable to the presence of, or exposure to— a perfluoroalkyl or polyfluoroalkyl substance; or any persistent, bioaccumulative, and toxic chemical, as designated under section 6(h) of the Toxic Substances Control Act ( 15 U.S.C. 2605(h) ). The filing of a petition does not operate as a stay under section 362(a) of title 11, United States Code, of the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against a nondebtor entity, or any act to obtain or recover property of a nondebtor entity, on account of or with respect to a PBT claim against the nondebtor entity, the debtor, or the estate (including a claim or cause of action against the nondebtor entity that is property of the debtor or the estate). .
Except as provided in paragraph (2), this section and the amendment made by this section— shall take effect on the date of enactment of this Act; and shall apply to any case under title 11, United States Code, that is— pending as of the date of enactment of this Act; or commenced or reopened on or after the date of enactment of this Act. Nothing in this section, or the amendment made by this section, shall affect the validity of any final judgment, order, or decree entered before the date of enactment of this Act.
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Sec. 203
Bankruptcy provision relating to persistent, bioaccumulative, and toxic chemicals defendants and debtors
U.S.C.§ 9651
U.S.C.§ 2605
Cites 2Cited by 0 across 0 sources
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