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.
In March, 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
03/26/98 - 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:
H.R.3595, COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, REAUTHORIZATION
INTRODUCED BY:
Representative Thomas J. Manton (D-NY)
REFERRALS:
House Committee on Commerce
House Committee on Ways & Means
House Committee on Transportation & Infrastructure
SUMMARY DESCRIPTION:
A bill to reauthorize Superfund.
MAJOR CONGRESSIONAL ACTION TO DATE:
03/30/98 - In The HOUSE
Introduced by Manton and referred to committees
AMSA ACTIONS:
Monitoring
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:
S.2084, COASTAL STATES PROTECTION ACT
INTRODUCED BY:
v
REFERRALS:
Senate Committee on Energy and Natural Resources
SUMMARY DESCRIPTION:
A bill to amend the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to cease mineral leasing activity on submerged land of the Outer Continental Shelf that is adjacent to a coastal State that has declared a moratorium on mineral exploration, development or production activity in adjacent State waters.
MAJOR CONGRESSIONAL ACTION TO DATE:
05/14/98 - In The SENATE
Introduced by Boxer 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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