Superfund & Related Clean-up Legislation
BILL NUMBER & TITLE:H.R.2727, COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AMENDMENT
INTRODUCED BY:
Representative Sherwood Boehlert (R-NY)
REFERRALS:
House Committee on Commerce
House Committee on Transportation & Infrastructure
House Committee on Ways & Means
SUMMARY DESCRIPTION:
A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980 to reauthorize and reform the Superfund program, and for other purposes.
The House Transportation & Infrastructure Subcommittee on Water Resources & Environment approved H.R.2727 for full committee consideration on March 11. Republicans on the committee unanimously supported the bill which failed to receive bipartisan support with only two Democrats voting in its favor.
H.R.2727 has been forwarded to the full Transportation & Infrastructure Committee, but whether the full committee will consider the legislation at all remains to be seen. Chairman Bud Shuster (R-PA) has said repeatedly that he will no call it up without bipartisan support. Senator Boehlert, sponsor of H.R.2727 has stated that he will continue to work with Democrats to resolve remaining differences over the bill and garner their support.
MAJOR CONGRESSIONAL ACTION TO DATE:
10/23/97 -- In The HOUSE
Introduced and referred to committees
03/04/98 - In The HOUSE
Public mark-up held by Water Resources and Environment Subcommittee
Mark-up recessed by Water Resources and Environment Subcommittee
03/10/98 - In The HOUSE
Public mark-up held by Water Resources and Environment Subcommittee
03/11/98 - In The HOUSE
Public mark-up held by Water Resources and Environment Subcommittee
Cleared by full committee, with an amendment in the nature of a substitute
AMSA ACTION:
The AMSA National Office forwarded a letter to Congressman Boehlert on October 29 thanking him for his efforts to reauthorize Superfund and requesting his assistance in protecting POTWs from unwarranted Superfund litigation. In the letter, AMSA requested the inclusion of an amendment in the legislation that would exempt POTWs from liability by amending the statute's definition of "facility" to clearly exempt POTWs. AMSA will continue to work on this amendment when Congress reconvenes in January.
AMSA finalized a new issue paper, Clarifying Congressional Intent to Exclude POTWs from Liability under Superfund, and forwarded it to all members via Legislative Alert 98-1. 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. Specifically, AMSA is recommending that Congress clarify prior law and intent by specifically exempting POTWs from the statute's definition of "facility."
The National Office has also been negotiating with staff to the House Transportation & Infrastructure Subcommittee on Water Resources & Environment on amendment language that would provide POTWs protection, in lieu of exemption, from third party liability under the statute. We expect that Congressional leaders will make reauthorization of Superfund an early priority. AMSA will be calling on a number of AMSA members to contact Representatives and Senators on the issue of POTW liability.
Late last month AMSA was successful in securing an amendment to H.R.2727 which severely limits POTW liability under Superfund. The amendment, titled "Innocent Owners and Operators of Sewage Treatment Works," releases POTW s from liability if the POTW can establish compliance with substantive requirements for pretreatment under Section 307 of the Clean Water Act applicable to the hazardous substances that are the subject of the response action, and that the release or threatened release was not caused by a failure to properly operate and maintain the treatment works or by conduct that constitutes gross negligence or intentional misconduct. While not the Association's preferred solution, the amendment goes a long way toward limiting municipal exposure to liability.
BILL NUMBER & TITLE:
H.R.2750, SUPERFUND CLEANUP ACCELERATION AND LIABILITY EQUITY ACT
INTRODUCED BY:
Representative James A. Barcia (D-MI)
REFERRALS:
House Committee on Commerce
House Committee on Transportation & Infrastructure
SUMMARY DESCRIPTION:
A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
MAJOR CONGRESSIONAL ACTION TO DATE:
10/28/97 -- In The HOUSE
Introduced and referred to committee
AMSA ACTION:
AMSA has focused efforts on H.R.2727, but will monitor and act, if necessary, on this legislation.
BILL NUMBER & TITLE:
H.R.3000, COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980
INTRODUCED BY:
Representative Michael Oxley (R-OH)
REFERRALS:
House Committee on Commerce
House Committee on Transportation & Infrastructure
House Committee on Ways and Means
SUMMARY DESCRIPTION:
A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
MAJOR CONGRESSIONAL ACTION TO DATE:
11/09/97 -- In The HOUSE
Introduced and referred to committees
03/05/98 - In The HOUSE
Public hearing held by Finance and Hazardous Materials Subcommittee
AMSA ACTIONS:
AMSA has focused efforts on H.R.2727, but will monitor and act, if necessary, on this legislation.
BILL NUMBER & TITLE:
S.8, SUPERFUND CLEANUP ACCELERATION ACT OF 1997
INTRODUCED BY:
Senator Robert Smith (R-NH)
REFERRALS:
Senate Committee on Environment & Public Works
SUMMARY DESCRIPTION:
A bill to reauthorize and amend the Comprehensive Environmental Response, Liability, and Compensation Act of 1980, and for other purposes. After months of delay, the Senate Environment & Public Works Committee passed S.8 for full Senate consideration on March 26, 1998. The legislation passed from committee does not have the support of Senate Democrats and is not expected to go to the Senate floor prior to the Congress' April recess.
The bill makes sweeping changes to Superfund, including a new brownfields title that would provide states and local governments with money to redevelop abandoned industrial waste sites; an overhaul liability section that exempts from cleanup and remedy costs small businesses and "mom and pop" shops; an expanded roles for states wishing to take over day-to-day oversight of Superfund and brownfields cleanups; a revised system for restoring natural resources, such as parks, rivers and ecosystems, contaminated with hazardous waste; and a new liability allocation scheme that will provide money for defunct parties responsible for pollution at Superfund sites.
The legislation also breaks down liability for cleanup costs at codisposal landfill sites. Municipal liability is divided into categories for small municipalities (populations of less than 100,000 according to the 1990 census) and large municipalities (populations of more than 100,000 according to the 1990 census). Responsibility for cleanup costs for small municipal contributors would be capped at 10% of the total amount of response costs. Large municipalities would be responsible for 20% of response costs.
MAJOR CONGRESSIONAL ACTION TO DATE:
01/21/97 -- In The SENATE
Introduced and referred to committee
03/05/97 -- In The SENATE
Hearings held by the Subcommittee on Superfund, Waste Control and Risk
09/04/97 -- In The SENATE
Hearing held by the Environment & Public Works Committee
AMSA ACTION:
AMSA will continue to monitor the progress of this legislation and will encourage Senate members to address POTW liability.
BILL NUMBER & TITLE:
S.1224, FEDERAL FACILITY SUPERFUND COMPLIANCE ACT OF 1997
INTRODUCED BY:
Senator Wayne Allard (R-CO)
REFERRALS:
Committee on Environment & Public Works
SUMMARY DESCRIPTION:
A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980 to ensure full Federal compliance with that Act.
MAJOR CONGRESSIONAL ACTION TO DATE:
09/26/97 -- In The SENATE
Introduced and referred to Senate Committee on Environment & Public Works
AMSA ACTIONS:
Monitoring
BILL NUMBER & TITLE:
S.1317, ENVIRONMENTAL HEALTH PROTECTION ACT OF 1997
INTRODUCED BY:
Senator Frank Lautenberg (D-NJ)
REFERRALS:
Senate Committee on Environment & Public Works
SUMMARY DESCRIPTION:
A bill to amend Superfund to expand the opportunity for health protection for citizens affected by hazardous waste sites.
MAJOR CONGRESSIONAL ACTION TO DATE:
10/24/97 -- In The SENATE
Introduced and referred to committee
AMSA ACTION:
Monitoring
BILL NUMBER & TITLE:
H.R.1878, MORATORIUM ON ENFORCEMENT OF CERCLA AGAINST DE MINIMIS PARTIES
INTRODUCED BY:
Representative Charles Canady (R-FL)
Cosponsored by Parker (R-MS)
REFERRALS:
House Committee on Commerce
House Committee on Transportation & Infrastructure
SUMMARY DESCRIPTION:
A bill to impose an indefinite moratorium on enforcement of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 against certain de minimis parties.
MAJOR CONGRESSIONAL ACTION TO DATE:
06/12/97 -- In The HOUSE
Introduced by CANADY (R-FL) and referred to committees
AMSA ACTION:
Monitoring
BILL NUMBER & TITLE:
H.R.2087, POLLUTER PAYS ACT OF 1997
INTRODUCED BY:
Representative Paul Gillmor (R-OH)
REFERRALS:
House Committee on Commerce
House Committee on Transportation & Infrastructure
SUMMARY DESCRIPTION:
A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980 to require that polluters are responsible for the cleanup of hazardous substances, and for other purposes.
MAJOR CONGRESSIONAL ACTION TO DATE:
06/27/97 -- In the HOUSE
Introduced by Gillmor and referred to committees
AMSA ACTION:
Monitoring
BILL NUMBER & TITLE:
H.R.2485, COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AMENDMENT
INTRODUCED BY:
Representative Bart Stupak (D-MI)
REFERRALS:
House Committee on Commerce
House Committee on Transportation and Infrastructure
SUMMARY DESCRIPTION:
A bill to amend the Comprehensive Environmental Response, Compensation and Liability Act of 1980 to provide liability relief for small parties, innocent parties and prospective landowners.
MAJOR CONGRESSIONAL ACTION TO DATE:
09/16/97 -- In The HOUSE
Introduced by STUPAK (D-MI) and referred to committee
AMSA ACTIONS:
Monitoring
BILL NUMBER & TITLE:
H.R.3262, CHILDREN'S ENVIRONMENTAL PROTECTION AND COMMUNITY CLEANUP ACT OF 1998
SPONSORED BY:
Representative Frank Pallone (D-NJ)
REFERRED TO:
House Committee on Transportation & Infrastructure
House Committee on Ways & Means
House Committee on Commerce
SUMMARY DESCRIPTION:
A bill to reauthorize the Comprehensive Environmental Response, Compensation and Liability Act of 1980
MAJOR CONGRESSIONAL ACTION TO DATE:
02/25/98 - In The HOUSE
Introduced by PALLONE and referred to committees
AMSA ACTION:
Monitoring
BILL NUMBER & TITLE:
S.1386, REMEDIATION OF CONTAMINATED SEDIMENTS
INTRODUCED BY:
Senator Carl Levin (D-MI)
Cosponsored by GLENN (D-OH)
REFERRALS:
Senate Committee on Environment & Public Works
SUMMARY DESCRIPTION:
A bill to facilitate the remediation of contaminated sediments in the waters of the United States.
MAJOR CONGRESSIONAL ACTION TO DATE:
11/06/97 -- In The SENATE
Introduced and referred to committee
AMSA ACTIONS:
Monitoring
BILL NUMBER & TITLE:
S.1497, EQUITY AND PUBLIC INVOLVEMENT IN SUPERFUND ACT OF 1997
INTRODUCED BY:
Senator Frank Lautenberg (D-NJ)
REFERRED TO:
Senate Committee on Environment & Public Works
SUMMARY DESCRIPTION:
A bill to release contributors of ordinary trash and minor amounts of hazardous substances from litigation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and for other purposes.
MAJOR CONGRESSIONAL ACTION TO DATE:
11/09/97 -- In The SENATE
Introduced and referred to committee
AMSA ACTIONS:
Monitoring
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