Pollution and Waste Management 

U.S. Code > Title 42 > Chapter 103 > Subchapter III > § 9657 - Separability; contribution

(a) State statutes of limitations for hazardous substance cases
  (1) Exception to State statutes
    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.
  (2) State law generally applicable
    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.
  (3) Actions under section 9607
    Nothing in this section shall apply with respect to any cause
  of action brought under section 9607 of this title.
(b) Definitions
  As used in this section - 
  (1) Subchapter I terms
    The terms used in this section shall have the same meaning as
  when used in subchapter I of this chapter.
  (2) Applicable limitations period
    The term "applicable limitations period" means the period
  specified in a statute of limitations during which a civil action
  referred to in subsection (a)(1) of this section may be brought.
  (3) Commencement date
    The term "commencement date" means the date specified in a
  statute of limitations as the beginning of the applicable
  limitations period.
  (4) Federally required commencement date
    (A) In general
      Except as provided in subparagraph (B), the term "federally
    required commencement date" means the date the plaintiff knew
    (or reasonably should have known) that the personal injury or
    property damages referred to in subsection (a)(1) of this
    section were caused or contributed to by the hazardous
    substance or pollutant or contaminant concerned.
    (B) Special rules
      In the case of a minor or incompetent plaintiff, the term
    "federally required commencement date" means the later of the
    date referred to in subparagraph (A) or the following:
        (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.
        (ii) In the case of an incompetent individual, the date on
      which such individual becomes competent or has had a legal
      representative appointed.

Legislative History

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