§ 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—
(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),
(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—
(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,
(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
(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.
[1] See References in Text note below.