| 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
