Exempts a person from liability for response costs (with exceptions) at a NPL facility for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW, with respect to the facility concerned.
Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above-described exemptions.
Adds to the list of parties eligible for de minimis final settlements certain persons and businesses that demonstrate an inability or limited ability to pay response costs.
Revises conditions of eligibility for such settlements for de minimis parties.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1064 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1064
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to provide certain relief from liability for
small businesses.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2001
Mr. Bond (for himself, Mr. Reid, Mr. Smith of New Hampshire, Mr. Kerry,
Mr. Warner, Mr. Chafee, Mr. Wyden, Mr. Cleland, Mr. Ensign, and Ms.
Landrieu) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to provide certain relief from liability for
small businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Liability Protection
Act''.
SEC. 2. SMALL BUSINESS LIABILITY RELIEF.
(a) Exemptions.--Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is
amended by adding at the end the following new subsections:
``(o) De Micromis Exemption.--
``(1) In general.--Except as provided in paragraph (2), a
person shall not be liable, with respect to response costs at a
facility on the National Priorities List, under this Act if
liability is based solely on paragraph (3) or (4) of subsection
(a), and the person, except as provided in paragraph (4) of
this subsection, can demonstrate that--
``(A) the total amount of the material containing
hazardous substances that the person arranged for
disposal or treatment of, arranged with a transporter
for transport for disposal or treatment of, or accepted
for transport for disposal or treatment, at the
facility was less than 110 gallons of liquid materials
or less than 200 pounds of solid materials (or such
greater or lesser amounts as the Administrator may
determine by regulation); and
``(B) all or part of the disposal, treatment, or
transport concerned occurred before April 1, 2001.
``(2) Exceptions.--Paragraph (1) shall not apply in a case
in which--
``(A) the President determines that--
``(i) the materials containing hazardous
substances referred to in paragraph (1) have
contributed significantly or could contribute
significantly, either individually or in the
aggregate, to the cost of the response action
or natural resource restoration with respect to
the facility; or
``(ii) the person has failed to comply with
an information request or administrative
subpoena issued by the President under this Act
or has impeded or is impeding, through action
or inaction, the performance of a response
action or natural resource restoration with
respect to the facility; or
``(B) a person has been convicted of a criminal
violation for the conduct to which the exemption would
apply, and that conviction has not been vitiated on
appeal or otherwise.
``(3) No judicial review.--A determination by the President
under paragraph (2)(A) shall not be subject to judicial review.
``(4) Nongovernmental third-party contribution actions.--In
the case of a contribution action, with respect to response
costs at a facility on the National Priorities List, brought by
a party, other than a Federal, State, or local government,
under this Act, the burden of proof shall be on the party
bringing the action to demonstrate that the conditions
described in paragraph (1)(A) and (B) of this subsection are
not met.
``(p) Municipal Solid Waste Exemption.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection, a person shall not be liable, with respect to
response costs at a facility on the National Priorities List,
under paragraph (3) of subsection (a) for municipal solid waste
disposed of at a facility if the person, except as provided in
paragraph (5) of this subsection, can demonstrate that the
person is--
``(A) an owner, operator, or lessee of residential
property from which all of the person's municipal solid
waste was generated with respect to the facility;
``(B) a business entity (including a parent,
subsidiary, or affiliate of the entity) that, during
its 3 taxable years preceding the date of transmittal
of written notification from the President of its potential liability
under this section, employed on average not more than 100 full-time
individuals, or the equivalent thereof, and that is a small business
concern (within the meaning of the Small Business Act (15 U.S.C. 631 et
seq.)) from which was generated all of the municipal solid waste
attributable to the entity with respect to the facility; or
``(C) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that,
during its taxable year preceding the date of
transmittal of written notification from the President
of its potential liability under this section, employed
not more than 100 paid individuals at the location from
which was generated all of the municipal solid waste
attributable to the organization with respect to the
facility.
For purposes of this subsection, the term `affiliate' has the
meaning of that term provided in the definition of `small
business concern' in regulations promulgated by the Small
Business Administration in accordance with the Small Business
Act (15 U.S.C. 631 et seq.).
``(2) Exception.--Paragraph (1) shall not apply in a case
in which the President determines that--
``(A) the municipal solid waste referred to in
paragraph (1) has contributed significantly or could
contribute significantly, either individually or in the
aggregate, to the cost of the response action or
natural resource restoration with respect to the
facility;
``(B) the person has failed to comply with an
information request or administrative subpoena issued
by the President under this Act; or
``(C) the person has impeded or is impeding,
through action or inaction, the performance of a
response action or natural resource restoration with
respect to the facility.
``(3) No judicial review.--A determination by the President
under paragraph (2) shall not be subject to judicial review.
``(4) Definition of municipal solid waste.--
``(A) In general.--For purposes of this subsection,
the term `municipal solid waste' means waste material--
``(i) generated by a household (including a
single or multifamily residence); and
``(ii) generated by a commercial,
industrial, or institutional entity, to the
extent that the waste material--
``(I) is essentially the same as
waste normally generated by a
household;
``(II) is collected and disposed of
with other municipal solid waste as
part of normal municipal solid waste
collection services; and
``(III) contains a relative
quantity of hazardous substances no
greater than the relative quantity of
hazardous substances contained in waste
material generated by a typical single-
family household.
``(B) Examples.--Examples of municipal solid waste
under subparagraph (A) include food and yard waste,
paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, elementary
or secondary school science laboratory waste, and
household hazardous waste.
``(C) Exclusions.--The term `municipal solid waste'
does not include--
``(i) combustion ash generated by resource
recovery facilities or municipal incinerators;
or
``(ii) waste material from manufacturing or
processing operations (including pollution
control operations) that is not essentially the
same as waste normally generated by households.
``(5) Burden of proof.--In the case of an action, with
respect to response costs at a facility on the National
Priorities List, brought under section 107 or 113 by--
``(A) a party, other than a Federal, State, or
local government, with respect to municipal solid waste
disposed of on or after April 1, 2001; or
``(B) any party with respect to municipal solid
waste disposed of before April 1, 2001, the burden of
proof shall be on the party bringing the action to demonstrate that the
conditions described in paragraphs (1) and (4) for exemption for
entities and organizations described in paragraph (1)(B) and (C) are
not met.
``(6) Certain actions not permitted.--No contribution
action may be brought by a party, other than a Federal, State,
or local government, under this Act with respect to
circumstances described in paragraph (1)(A).
``(7) Costs and fees.--A nongovernmental entity that
commences, after the date of the enactment of this subsection,
a contribution action under this Act shall be liable to the
defendant for all reasonable costs of defending the action,
including all reasonable attorney's fees and expert witness
fees, if the defendant is not liable for contribution based on
an exemption under this subsection or subsection (o).''.
(b) Expedited Settlement.--Section 122(g) of such Act (42 U.S.C.
9622(g)) is amended by adding at the end the following new paragraphs:
``(7) Reduction in settlement amount based on limited
ability to pay.--
``(A) In general.--The condition for settlement
under this paragraph is that the potentially
responsible party is a person who demonstrates to the
President an inability or a limited ability to pay
response costs.
``(B) Considerations.--In determining whether or
not a demonstration is made under subparagraph (A) by a
person, the President shall take into consideration the
ability of the person to pay response costs and still
maintain its basic business operations, including
consideration of the overall financial condition of the
person and demonstrable constraints on the ability of
the person to raise revenues.
``(C) Information.--A person requesting settlement
under this paragraph shall promptly provide the
President with all relevant information needed to
determine the ability of the person to pay response
costs.
``(D) Alternative payment methods.--If the
President determines that a person is unable to pay its
total settlement amount at the time of settlement, the
President shall consider such alternative payment
methods as may be necessary or appropriate.
``(8) Additional conditions for expedited settlements.--
``(A) Waiver of claims.--The President shall
require, as a condition for settlement under this
subsection, that a potentially responsible party waive
all of the claims (including a claim for contribution
under this Act) that the party may have against other
potentially responsible parties for response costs
incurred with respect to the facility, unless the
President determines that requiring a waiver would be
unjust.
``(B) Failure to comply.--The President may decline
to offer a settlement to a potentially responsible
party under this subsection if the President determines
that the potentially responsible party has failed to
comply with any request for access or information or an
administrative subpoena issued by the President under
this Act or has impeded or is impeding, through action
or inaction, the performance of a response action with
respect to the facility.
``(C) Responsibility to provide information and
access.--A potentially responsible party that enters
into a settlement under this subsection shall not be
relieved of the responsibility to provide any
information or access requested in accordance with
subsection (e)(3)(B) or section 104(e).
``(9) Basis of determination.--If the President determines
that a potentially responsible party is not eligible for
settlement under this subsection, the President shall provide
the reasons for the determination in writing to the potentially
responsible party that requested a settlement under this
subsection.
``(10) Notification.--As soon as practicable after receipt
of sufficient information to make a determination, the
President shall notify any person that the President determines
is eligible under paragraph (1) of the person's eligibility for
an expedited settlement.
``(11) No judicial review.--A determination by the
President under paragraph (7), (8), (9), or (10) shall not be
subject to judicial review.
``(12) Notice of settlement.--After a settlement under this
subsection becomes final with respect to a facility, the
President shall promptly notify potentially responsible parties
at the facility that have not resolved their liability to the
United States of the settlement.''.
SEC. 3. EFFECT ON CONCLUDED ACTIONS.
The amendments made by this Act shall not apply to or in any way
affect any settlement lodged in, or judgment issued by, a United States
District Court, or any administrative settlement or order entered into
or issued by the United States or any State, before the date of the
enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6455)
Read twice and referred to the Committee on Environment and Public Works.
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