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To: Members & Subscribers
From:National Office
Date:January 30, 1998
Re:LA98-1

AMSA Superfund Issue Paper Finalized

Attached please find a copy of AMSA's newly finalized issue paper on POTW liability under Superfund. Clarifying Congressional Intent to Exclude POTWs from Liability Under Superfund provides an analysis of the legislative treatment of public environmental projects in federal law and supports the Association's premise that POTWs were never intended to be captured under Superfund's joint, strict and several liability scheme. The paper will serve as a valuable tool in revitalizing the Association's efforts on this issue and refocusing Members of Congress on the need to address this matter during the final year of the 105th Congress. AMSA staff visited Congressional offices this week to urge Members to amend the Superfund statute to protect public funds.

Focus on Amending the Definition of Facility
H.R.2727, Superfund Reauthorization legislation introduced by Congressman Sherwood Boehlert (R-NY), Chair of the House Transportation & Infrastructure Subcommittee on Water Resources & Environment may be the 105th Congress' best bet for reauthorizing the statute. Late in the 104th and early in the 105th Congress, AMSA set its sites on a amendment to the definition of "owner/operator" within the legislation as the most appropriate fix to the issue of POTW liability. Recent developments and information gleaned since introduction for H.R.2727, have resulted in a shift in AMSA's focus to amending the definition of "facility." AMSA's new issue paper demonstrates clear Congressional intent to include pipes discharging into wastewater collection systems, but not the publicly owned wastewater collection systems themselves.

Mark-up Tentatively Set for Late February
Reports indicate that Congressman Boehlert will attempt to mark-up of H.R.2727 in his subcommittee in late February. The National Office will be calling on a number of AMSA members to contact Representatives and Senators on the issue of POTW liability.

ATTACHMENT:AMSA Superfund Issue Paper