II

106TH CONGRESS

1ST SESSION S. 1105

To assist local governments and States in assessing and remediating

brownfield sites, increase fairness and reduce litigation, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 24, 1999

Mr. BAUCUS (for himself, Mr. LAUTENBERG, Mrs. LINCOLN, and Mr.

DASCHLE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To assist local governments and States in assessing and

remediating brownfield sites, increase fairness and reduce

litigation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Superfund Litigation Reduction and Brownfield Cleanup

6 Act of 1999’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.
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TITLE I—BROWNFIELDS LIABILITY RELIEF

Sec. 101. Finality for buyers.

Sec. 102. Finality for owners and sellers.

Sec. 103. Regulatory authority.

TITLE II—SMALL BUSINESS LIABILITY RELIEF

Sec. 201. Liability exemptions.

Sec. 202. Expedited settlement for de minimis contributions and limited ability

to pay.

Sec. 203. Small business ombudsman.

TITLE III—SETTLEMENTS FOR MUNICIPALITIES AND

CONTRIBUTORS OF MUNICIPAL WASTE

Sec. 301. Municipal owners and operators.

Sec. 302. Expedited settlements with contributors of municipal waste.

TITLE IV—CLARIFICATION OF LIABILITY FOR RECYCLING

TRANSACTIONS

Sec. 401. Recycling transactions.

TITLE V—BROWNFIELDS CLEANUP

Sec. 501. Brownfields funding.

Sec. 502. Research, development, demonstration, and training.

Sec. 503. State voluntary cleanup programs.

Sec. 504. Audits.

TITLE VI—SETTLEMENT INCENTIVES

Sec. 601. Fairness in settlements.

TITLE VII—FUNDING

Sec. 701. Authorization of appropriations.

Sec. 702. Funding for cleanup settlements.

Sec. 703. Agency for Toxic Substances and Disease Registry.

Sec. 704. Brownfields.

Sec. 705. Authorization of appropriations from general revenues.

Sec. 706. Worker training and education grants.

TITLE VIII—DEFINITIONS

Sec. 801. Definitions.

1 TITLE I—BROWNFIELDS

2 LIABILITY RELIEF

3 SEC. 101. FINALITY FOR BUYERS.

4 (a) LIMITATIONS ON LIABILITY.—Section 107 of the

5 Comprehensive Environmental Response, Compensation,
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1 and Liability Act of 1980 (42 U.S.C. 9607) is amended

2 by adding at the end the following:

3 ‘‘(o) LIMITATION ON LIABILITY FOR PROSPECTIVE

4 PURCHASERS.—Notwithstanding paragraphs (1) through

5 (4) of subsection (a), to the extent the liability of a person,

6 with respect to a release or the threat of a release from

7 a facility, is based solely on subsection (a)(1), the person

8 shall not be liable under this Act if the person—

9 ‘‘(1) is a bona fide prospective purchaser of the

10 facility; and

11 ‘‘(2) does not impede the performance of any

12 response action or natural resource restoration at a

13 facility.’’.

14 (b) PROSPECTIVE PURCHASER AND WINDFALL

15 LIEN.—Section 107 of the Comprehensive Environmental

16 Response, Compensation, and Liability Act of 1980 (as

17 amended by subsection (a)) is amended by adding at the

18 end the following:

19 ‘‘(p) PROSPECTIVE PURCHASER AND WINDFALL

20 LIEN.—

21 ‘‘(1) IN GENERAL.—In any case in which the

22 United States has incurred unrecovered response

23 costs at a facility for which an owner of the facility

24 is not liable by reason of subsection (o), and the con-
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1 ditions described in paragraph (3) are met, the

2 United States shall—

3 ‘‘(A) have a lien on the facility; or

4 ‘‘(B) may obtain, from the appropriate re5 sponsible party or parties, a lien on other prop6 erty or other assurances of payment satisfac7 tory to the Administrator, for the unrecovered

8 costs.

9 ‘‘(2) AMOUNT; DURATION.—The lien shall—

10 ‘‘(A) be for an amount not to exceed the

11 lesser of the amount of—

12 ‘‘(i) the response costs of the United

13 States; or

14 ‘‘(ii) the increase in fair market value

15 of the property attributable to the response

16 action at the time of a subsequent sale or

17 other disposition of the property;

18 ‘‘(B) arise at the time costs are first in19 curred by the United States with respect to a

20 response action at the facility;

21 ‘‘(C) be subject to the requirements for no22 tice and validity specified in subsection (l)(3);

23 and

24 ‘‘(D) continue until the earlier of satisfac25 tion of the lien or recovery of all response costs
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1 incurred at the facility, notwithstanding any

2 statute of limitations under section 113.

3 ‘‘(3) CONDITIONS.—The conditions referred to

4 in paragraph (1) are the following:

5 ‘‘(A) RESPONSE ACTION.—A response ac6 tion for which the United States has incurred

7 unrecovered costs of a response not inconsistent

8 with the National Contingency Plan is carried

9 out at the facility.

10 ‘‘(B) FAIR MARKET VALUE.—The response

11 action increases the fair market value of the fa12 cility above the fair market value of the facility

13 that existed before the response action was

14 commenced.

15 ‘‘(4) SETTLEMENT.—Nothing in this subsection

16 prevents the United States and the purchaser from

17 entering into a settlement at any time that extin18 guishes a lien of the United States.’’.

19 (c) DEFINITION OF BONA FIDE PROSPECTIVE PUR20 CHASER.—Section 101 of the Comprehensive Environ21 mental Response, Compensation, and Liability Act of

22 1980 (42 U.S.C. 9601) is amended by adding at the end

23 the following:

24 ‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.—

25 The term ‘bona fide prospective purchaser’ means a
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1 person or a tenant of a person that acquires owner2 ship of a facility after the date of enactment of this

3 paragraph that can establish each of the following

4 by a preponderance of the evidence:

5 ‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—

6 All active disposal of hazardous substances at

7 the facility occurred before the person acquired

8 the facility.

9 ‘‘(B) INQUIRY.—

10 ‘‘(i) IN GENERAL.—The person made

11 all appropriate inquiry into the previous

12 ownership and uses of the facility in ac13 cordance with generally accepted good

14 commercial and customary standards and

15 practices.

16 ‘‘(ii) STANDARDS.—The standards

17 and practices referred to in clause (ii) of

18 paragraph (35)(B) or those issued or des19 ignated by the Administrator under that

20 clause shall satisfy the requirements of this

21 subparagraph.

22 ‘‘(iii) RESIDENTIAL PROPERTY.—In

23 the case of property in residential or other

24 similar use at the time of purchase by a

25 nongovernmental or noncommercial entity,
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1 a site inspection and title search that re2 veal no basis for further investigation shall

3 satisfy the requirements of this subpara4 graph.

5 ‘‘(C) NOTICES.—The person provided all

6 legally required notices with respect to the dis7 covery or release of any hazardous substances

8 at the facility.

9 ‘‘(D) CARE.—The person exercised appro10 priate care with respect to hazardous sub11 stances found at the facility by taking reason12 able steps to—

13 ‘‘(i) stop ongoing releases;

14 ‘‘(ii) prevent threatened future re15 leases of hazardous substances; and

16 ‘‘(iii) prevent or limit human, environ17 mental, or natural resource exposure to

18 hazardous substances previously released

19 into the environment.

20 ‘‘(E) COOPERATION, ASSISTANCE, AND AC21 CESS.—The person—

22 ‘‘(i) provides full cooperation, assist23 ance, and access to the persons that are

24 authorized to conduct the response and

25 restoration actions at the facility, including
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1 the cooperation and access necessary for

2 the assessment of contamination, installa3 tion, preservation of integrity, operation,

4 and maintenance of any complete or par5 tial response action at the facility; and

6 ‘‘(ii) has fully complied and is in full

7 compliance with any land use or activity

8 restrictions on the property established or

9 relied on in connection with a response ac10 tion at the facility, including informing any

11 other party that the person allows to oc12 cupy or use the property of the restrictions

13 and taking prompt action to correct any

14 noncompliance by the party.

15 ‘‘(F) RELATIONSHIP.—

16 ‘‘(i) IN GENERAL.—The person is not

17 liable or affiliated with any other person

18 that is potentially liable for response costs

19 at the facility through any direct or indi20 rect familial relationship, or any contrac21 tual, corporate, or financial relationship

22 other than that created by the instruments

23 by which title to the facility is conveyed or

24 financed.
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1 ‘‘(ii) REORGANIZATION.—An entity

2 that results from the reorganization of a

3 business entity that is potentially liable

4 does not qualify as a bona fide prospective

5 purchaser with respect to a purchase or

6 transfer of property directly or indirectly

7 from the potentially liable entity.’’.

8 SEC. 102. FINALITY FOR OWNERS AND SELLERS.

9 (a) KNOWLEDGE OF INQUIRY REQUIREMENT FOR IN10 NOCENT LANDOWNERS.—Section 101(35) of the Com11 prehensive Environmental Response, Compensation, and

12 Liability Act of 1980 (42 U.S.C. 9601(35)) is amended—

13 (1) in subparagraph (A), by striking ‘‘, unless’’

14 and inserting ‘‘. An owner or operator of a facility

15 may only assert under section 107(b)(3) that an act

16 or omission of a previous owner or operator of that

17 facility did not occur in connection with a contrac18 tual relationship if’’; and

19 (2) by striking subparagraph (B) and inserting

20 the following:

21 ‘‘(B) KNOWLEDGE OF INQUIRY REQUIRE22 MENT.—

23 ‘‘(i) DEFINITION OF CONTAMINA24 TION.—In this subparagraph, the term

25 ‘contamination’ means an existing release,
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1 a past release, or the threat of a release of

2 a hazardous substance.

3 ‘‘(ii) REQUIREMENT.—

4 ‘‘(I) INQUIRY.—To establish that

5 the defendant had no reason to know

6 (under subparagraph (A)(i)), the de7 fendant must have made, at the time

8 of the acquisition, all appropriate in9 quiry (as well as comply with clause

10 (vii)) into the previous ownership and

11 uses of the facility, consistent with

12 good commercial or customary prac13 tice in an effort to minimize liability.

14 ‘‘(II) CONSIDERATIONS.—For the

15 purpose of subclause (I) and until the

16 President issues or designates stand17 ards as provided in clause (iv), the

18 court shall take into account—

19 ‘‘(aa) any specialized knowl20 edge or experience on the part of

21 the defendant;

22 ‘‘(bb) the relationship of the

23 purchase price to the value of the

24 property if uncontaminated;
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1 ‘‘(cc) commonly known or

2 reasonably ascertainable informa3 tion about the property;

4 ‘‘(dd) the obviousness of the

5 presence or likely presence of

6 contamination at the property;

7 and

8 ‘‘(ee) the ability to detect

9 the contamination by appropriate

10 investigation.

11 ‘‘(iii) CONDUCT OF SITE ASSESS12 MENT.—A person who has acquired real

13 property shall be considered to have made

14 all appropriate inquiry within the meaning

15 of clause (ii)(I) if—

16 ‘‘(I) the person establishes that,

17 not later than 180 days before the

18 date of acquisition, a site assessment

19 of the real property was conducted

20 that meets the requirements of clause

21 (iv); and

22 ‘‘(II) the person complies with

23 clause (vii).

24 ‘‘(iv) SITE ASSESSMENT STAND25 ARDS.—
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1 ‘‘(I) IN GENERAL.—A site assess2 ment meets the requirements of this

3 clause if the assessment is conducted

4 in accordance with the standards set

5 forth in the American Society for

6 Testing and Materials (ASTM) Stand7 ard E1527–94, entitled ‘Standard

8 Practice for Environmental Site As9 sessments: Phase I Environmental

10 Site Assessment Process’ or with any

11 alternative standards issued by regu12 lation by the President or issued or

13 developed by other entities and des14 ignated by regulation by the Presi15 dent.

16 ‘‘(II) STUDY OF PRACTICES.—

17 Before issuing or designating alter18 native standards under subclause (I),

19 the President shall conduct a study of

20 commercial and industrial practices

21 concerning site assessments in the

22 transfer of real property in the United

23 States.

24 ‘‘(v) CONSIDERATIONS IN ISSUING

25 STANDARDS.—In issuing or designating
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1 any standards under clause (iv), the Presi2 dent shall consider requirements governing

3 each of the following:

4 ‘‘(I) Conduct of an inquiry by an

5 environmental professional.

6 ‘‘(II) Interviews of each owner,

7 operator, and occupant of the prop8 erty to determine information regard9 ing the potential for contamination.

10 ‘‘(III) Review of historical

11 sources as necessary to determine

12 each previous use and occupancy of

13 the property since the property was

14 first developed. In this subclause, the

15 term ‘historical sources’ means any of

16 the following, if reasonably ascertain17 able: each recorded chain of title doc18 ument regarding the real property, in19 cluding each deed, easement, lease, re20 striction, and covenant, any aerial

21 photograph, fire insurance map, prop22 erty tax file, United States Geological

23 Survey 7.5 minutes topographic map,

24 local street directory, building depart25 ment record, and zoning/land use
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1 record, and any other source that

2 identifies a past use or occupancy of

3 the property.

4 ‘‘(IV) Determination of the exist5 ence of any recorded environmental

6 cleanup lien against the real property

7 that has arisen under any Federal,

8 State, or local law.

9 ‘‘(V) Review of reasonably ascer10 tainable Federal, State, and local gov11 ernment records of any facility that is

12 likely to cause or contribute to con13 tamination at the real property, in14 cluding, as appropriate—

15 ‘‘(aa) any investigation re16 port for the facility;

17 ‘‘(bb) any record of activities

18 likely to cause or contribute to

19 contamination at the real prop20 erty, including any landfill or

21 other disposal location record,

22 underground storage tank record,

23 hazardous waste handler and

24 generator record, and spill re25 porting record; and
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1 ‘‘(cc) any other reasonably

2 ascertainable Federal, State, and

3 local government environmental

4 record that could reflect an inci5 dent or activity that is likely to

6 cause or contribute to contamina7 tion at the real property.

8 ‘‘(VI) A visual site inspection of

9 the real property and each facility and

10 improvement on the real property and

11 a visual site inspection of each imme12 diately adjacent property, including an

13 investigation of any hazardous sub14 stance use, storage, treatment, or dis15 posal practice on the property.

16 ‘‘(VII) Any specialized knowledge

17 or experience on the part of the per18 son that acquired the property.

19 ‘‘(VIII) The relationship of the

20 purchase price to the value of the

21 property if uncontaminated.

22 ‘‘(IX) Commonly known or rea23 sonably ascertainable information

24 about the property.
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1 ‘‘(X) The obviousness of the

2 presence or likely presence of contami3 nation at the property, and the ability

4 to detect the contamination by appro5 priate investigation.

6 ‘‘(vi) REASONABLY ASCERTAIN7 ABLE.—A record shall be considered to be

8 reasonably ascertainable for purposes of

9 clause (v) if a copy or reasonable facsimile

10 of the record is publicly available by re11 quest (within reasonable time and cost con12 straints) and the record is practicably re13 viewable.

14 ‘‘(vii) APPROPRIATE INQUIRY.—A per15 son shall not be treated as having made all

16 appropriate inquiry under clause (ii)(I)

17 unless—

18 ‘‘(I) the person has maintained a

19 compilation of the information re20 viewed and gathered in the course of

21 any site assessment;

22 ‘‘(II) with respect to hazardous

23 substances found at the facility, the

24 person, at a minimum, takes reason25 able steps to—
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1 ‘‘(aa) stop ongoing releases

2 of hazardous substances;

3 ‘‘(bb) prevent threatened fu4 ture releases of hazardous sub5 stances; and

6 ‘‘(cc) prevent or limit

7 human, environmental, or natural

8 resource exposure to hazardous

9 substances previously released

10 into the environment;

11 ‘‘(III) the person provides full co12 operation, assistance, and facility ac13 cess to such persons as are authorized

14 to conduct response actions at the fa15 cility, including the cooperation and

16 access necessary for the installation,

17 integrity, operation, and maintenance

18 of any complete or partial response

19 action at the facility; and

20 ‘‘(IV) the person has fully com21 plied with and is in full compliance

22 with any land use or activity restric23 tions on the property established or

24 relied on in connection with a re25 sponse action at the facility, including
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1 informing any other party that the

2 person allows to occupy or use the

3 property of such restrictions and tak4 ing prompt action to correct any non5 compliance by such parties.

6 ‘‘(viii) SITE INSPECTION AND TITLE

7 SEARCH.—In the case of property for resi8 dential use or other similar use purchased

9 by a nongovernmental or noncommercial

10 entity, a site inspection and title search

11 that reveal no basis for further investiga12 tion shall satisfy the requirements of

13 clause (ii).’’.

14 (b) LIMITATION ON LIABILITY FOR CONTIGUOUS

15 PROPERTY OWNERS.—Section 107 of the Comprehensive

16 Environmental Response, Compensation, and Liability Act

17 of 1980 (42 U.S.C. 9607) (as amended by section 101(b))

18 is amended by adding at the end the following:

19 ‘‘(q) CONTIGUOUS PROPERTIES.—

20 ‘‘(1) IN GENERAL.—A person that owns or op21 erates real property that is contiguous to or other22 wise similarly situated with respect to other real

23 property that is not owned or operated by that per24 son and that is or may be contaminated by a release

25 or threatened release of a hazardous substance from
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1 the other real property shall not be considered to be

2 an owner or operator of a vessel or facility under

3 paragraph (1) or (2) of subsection (a) solely by rea4 son of the contamination if such person establishes

5 by a preponderance of the evidence that—

6 ‘‘(A) the person did not cause, contribute,

7 or consent to the release or threatened release;

8 ‘‘(B) the person is not affiliated with any

9 other person that is liable or potentially liable

10 for any response costs at the facility;

11 ‘‘(C) with respect to hazardous substances

12 on or under the person’s property, the person,

13 at a minimum, takes reasonable steps to—

14 ‘‘(i) stop ongoing releases;

15 ‘‘(ii) prevent threatened future re16 leases of hazardous substances; and

17 ‘‘(iii) prevent or limit human, environ18 mental, or natural resource exposure to

19 hazardous substances previously released

20 into the environment;

21 ‘‘(D) the person provides full cooperation,

22 assistance, and access to the persons that are

23 authorized to conduct the response and restora24 tion actions at the facility, including the co25 operation and access necessary for the assess-
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1 ment of contamination, or installation, preser2 vation of integrity, operation, and maintenance

3 of any complete or partial response action at

4 the facility;

5 ‘‘(E) the person has fully complied and is

6 in full compliance with any land use or activity

7 restrictions on the property established or relied

8 on in connection with a response action at the

9 facility, including informing any other party

10 that the person allows to occupy or use the

11 property of the restrictions and taking prompt

12 action to correct any noncompliance by the

13 party;

14 ‘‘(F) the person provided all legally re15 quired notices with respect to the discovery of

16 the release; and

17 ‘‘(G) at the time the person acquired the

18 property, the person—

19 ‘‘(i) conducted all appropriate inquiry

20 within the meaning of subparagraph (B) of

21 section 101(35); and

22 ‘‘(ii) did not know or have reason to

23 know that the property was or could be

24 contaminated by a release or threatened

25 release of hazardous substances from other
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1 real property not owned or operated by

2 that person.

3 ‘‘(2) ASSURANCES.—The President may issue

4 an assurance that no enforcement action under this

5 Act shall be initiated against a person described in

6 paragraph (1).

7 ‘‘(3) GROUNDWATER.—With respect to haz8 ardous substances in groundwater beneath the per9 son’s property solely as a result of subsurface migra10 tion in an aquifer from a source or sources outside

11 the property, paragraph (1)(C) shall not require that

12 the person conduct groundwater investigations or in13 stall groundwater remediation systems, except in ac14 cordance with the policy of the Environmental Pro15 tection Agency on owners of property containing

16 contaminated aquifers, dated May 24, 1995.

17 ‘‘(4) BONA FIDE PROSPECTIVE PURCHASER.—

18 Any person that does not qualify as a person de19 scribed in paragraph (1) because the person had the

20 knowledge specified paragraph (1)(G) at the time of

21 acquisition of the real property may qualify as a

22 bona fide prospective purchaser under section

23 101(39) if the person is otherwise described in that

24 section.
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1 ‘‘(5) NO LIMITATION ON DEFENSES.—Nothing

2 in this subsection—

3 ‘‘(A) limits defenses to liability that other4 wise may be available to persons described in

5 this subsection; or

6 ‘‘(B) imposes liability not otherwise im7 posed by section 107(a) on such persons.’’.

8 SEC. 103. REGULATORY AUTHORITY.

9 (a) IN GENERAL.—The Administrator may—

10 (1) issue such regulations as the Administrator

11 considers necessary to carry out the amendments

12 made by this title; and

13 (2) assign any duties or powers imposed on or

14 assigned to the Administrator by the amendments

15 made by this title.

16 (b) AUTHORITY TO CLARIFY AND IMPLEMENT.—The

17 authority under subsection (a) includes authority to clarify

18 or interpret all terms, including the terms used in this

19 title, and to implement any provision of the amendments

20 made by this title.

21 TITLE II—SMALL BUSINESS

22 LIABILITY RELIEF

23 SEC. 201. LIABILITY EXEMPTIONS.

24 Section 107 of the Comprehensive Environmental Re25 sponse, Compensation, and Liability Act of 1980 (42
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1 U.S.C. 9607) (as amended by section 102(b)) is amended

2 by adding at the end the following:

3 ‘‘(r) DE MICROMIS EXEMPTION.—

4 ‘‘(1) IN GENERAL.—Notwithstanding para5 graphs (1) through (4) of subsection (a), and except

6 as provided in paragraph (2), a person shall not be

7 liable under this Act to the United States or any

8 other person (including liability for contribution) for

9 any response costs incurred with respect to a facility

10 if—

11 ‘‘(A) liability is based solely on paragraph

12 (3) or (4) of subsection (a);

13 ‘‘(B) the total of materials containing a

14 hazardous substance that the person arranged

15 for disposal or treatment of, arranged with a

16 transporter for transport for disposal or treat17 ment of, or accepted for transport for disposal

18 or treatment, at the facility, was less than 110

19 gallons of liquid materials or less than 200

20 pounds of solid material, or such greater quan21 tity as the Administrator may determine by reg22 ulation; and

23 ‘‘(C) the acts on which liability is based

24 took place before May 1, 1999.
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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

2 apply in a case in which the Administrator deter3 mines that—

4 ‘‘(A) the material containing a hazardous

5 substance referred to in paragraph (1) contrib6 uted or could contribute significantly, individ7 ually or in the aggregate, to the cost of the re8 sponse action with respect to the facility; or

9 ‘‘(B) the person has failed to comply with

10 any request for information or administrative

11 subpoena issued by the President under this

12 Act or has impeded or is impeding the perform13 ance of a response action with respect to the fa14 cility.

15 ‘‘(s) MUNICIPAL SOLID WASTE EXEMPTION.—

16 ‘‘(1) IN GENERAL.—Notwithstanding para17 graphs (1) through (4) of subsection (a), and except

18 as provided in paragraph (2), a person shall not be

19 liable under this Act to the United States or any

20 other person (including liability for contribution) for

21 response costs incurred with respect to a facility to

22 the extent that—

23 ‘‘(A) liability is based on paragraph (3) or

24 (4) of subsection (a);
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1 ‘‘(B) liability is based on an arrangement

2 for disposal or treatment of, an arrangement

3 with a transporter for transport for disposal or

4 treatment of, or an acceptance for transport for

5 disposal or treatment at a facility of, municipal

6 solid waste; and

7 ‘‘(C) the person is—

8 ‘‘(i) an owner, operator, or lessee of

9 residential property from which all of the

10 person’s municipal solid waste was gen11 erated with respect to the facility;

12 ‘‘(ii) a business entity (including any

13 parent, subsidiary, or other affiliate of the

14 entity) that, during the taxable year pre15 ceding the date of transmittal of written

16 notification that the business is potentially

17 liable, employed not more than 100 indi18 viduals, and from which was generated all

19 of the entity’s municipal solid waste with

20 respect to the facility; or

21 ‘‘(iii) a small nonprofit organization

22 that, during the taxable year preceding the

23 date of transmittal of written notification

24 that the organization is potentially liable,

25 employed not more than 100 individuals, if
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1 the particular chapter, office, or depart2 ment employing fewer than 100 individuals

3 was the location from which was generated

4 all of the municipal solid waste attributable

5 to the organization with respect to the fa6 cility.

7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

8 apply in a case in which the President determines

9 that the person has failed to comply with any re10 quest for information or administrative subpoena

11 issued by the President under this Act or has im12 peded or is impeding the performance of a response

13 action with respect to the facility.’’.

14 SEC. 202. EXPEDITED SETTLEMENT FOR DE MINIMIS CON15 TRIBUTIONS AND LIMITED ABILITY TO PAY.

16 (a) PARTIES ELIGIBLE.—Section 122(g) of the Com17 prehensive Environmental Response, Compensation, and

18 Liability Act of 1980 (42 U.S.C. 9622(g)) is amended—

19 (1) in paragraph (1), by redesignating subpara20 graph (B) as subparagraph (E);

21 (2) by striking ‘‘(g)’’ and all that follows

22 through the end of paragraph (1)(A) and inserting

23 the following:

24 ‘‘(g) EXPEDITED FINAL SETTLEMENT.—

25 ‘‘(1) PARTIES ELIGIBLE.—
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1 ‘‘(A) IN GENERAL.—The President shall,

2 as expeditiously as practicable, notify of eligi3 bility for a settlement, and offer to reach a final

4 administrative or judicial settlement with, each

5 potentially responsible party that, in the judg6 ment of the President, meets 1 or more of the

7 conditions stated in subparagraphs (B), (C),

8 (F), and (G).

9 ‘‘(B) DE MINIMIS CONTRIBUTION.—The

10 condition stated in this subparagraph is that

11 the liability of the potentially responsible party

12 is for response costs based on paragraph (3) or

13 (4) of subsection (a) and the potentially respon14 sible party’s contribution of hazardous sub15 stances at a facility is de minimis. For the pur16 poses of this subparagraph, a potentially re17 sponsible party’s contribution shall be consid18 ered to be de minimis only if the President de19 termines that both of the following criteria are

20 met:

21 ‘‘(i) The quantity of material con22 taining a hazardous substance contributed

23 by the potentially responsible party to the

24 facility is minimal relative to the total

25 quantity of material containing hazardous
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1 substances at the facility. The quantity of

2 a potentially responsible party’s contribu3 tion shall be presumed to be minimal if the

4 quantity is 1 percent or less of the total

5 quantity of materials containing hazardous

6 substances at the facility, unless the Ad7 ministrator identifies a different threshold

8 based on site-specific factors.

9 ‘‘(ii) The material containing a haz10 ardous substance contributed by the poten11 tially responsible party does not present

12 toxic or other hazardous effects that are

13 significantly greater than the toxic or other

14 hazardous effects of other material con15 taining hazardous substances at the facil16 ity.

17 ‘‘(C) REDUCTION IN SETTLEMENT

18 AMOUNT BASED ON LIMITED ABILITY TO PAY.—

19 ‘‘(i) IN GENERAL.—The conditions

20 stated in this subparagraph are that the

21 potentially responsible party—

22 ‘‘(I) is—

23 ‘‘(aa) a natural person; or

24 ‘‘(bb) a small business; and
29

•S 1105 IS

1 ‘‘(II) demonstrates to the Presi2 dent an inability or a limited ability to

3 pay response costs.

4 ‘‘(ii) SMALL BUSINESSES.—

5 ‘‘(I) DEFINITION OF SMALL

6 BUSINESS.—In this subparagraph, the

7 term ‘small business’ means a busi8 ness entity that, together with its par9 ents, subsidiaries, and other affiliates,

10 had an average of not more than 75

11 full-time equivalent employees and an

12 average of not more than $3,000,000

13 in annual gross revenues, as reported

14 to the Internal Revenue Service, dur15 ing the 3 years preceding the date on

16 which the business entity first re17 ceived notice from the President of its

18 potential liability under this Act.

19 ‘‘(II) OTHER BUSINESSES.—A

20 business shall be eligible for a settle21 ment under this subparagraph if the

22 business—

23 ‘‘(aa) has an average of not

24 more than 75 employees or an

25 average of not more than
30

•S 1105 IS

1 $3,000,000 in annual gross rev2 enue; and

3 ‘‘(bb) meets all other re4 quirements for a settlement

5 under this subparagraph.

6 ‘‘(III) CONSIDERATIONS.—At the

7 request of a small business, the Presi8 dent shall take into consideration the

9 ability of the small business to pay re10 sponse costs and still maintain its

11 basic business operations, including

12 consideration of the overall financial

13 condition of the small business and

14 demonstrable constraints on the abil15 ity of the small business to raise reve16 nues.

17 ‘‘(IV) INFORMATION.—A small

18 business requesting settlement under

19 this paragraph shall promptly provide

20 the President with all relevant infor21 mation needed to determine the ability

22 of the small business to pay response

23 costs.

24 ‘‘(V) DETERMINATION.—To be

25 eligible to be covered by this subpara-
31

•S 1105 IS

1 graph, the business shall demonstrate

2 to the President the inability of the

3 small business to pay response costs.

4 If the small business employs fewer

5 than 25 full-time equivalent employees

6 and has average gross income reve7 nues of less than $2,000,000, the

8 President shall, on request, perform

9 any analysis that the President deter10 mines may assist in demonstrating the

11 impact of a settlement on the small

12 business’ ability to maintain its basic

13 operations. The President may per14 form such analysis for any other party

15 or request such other party to per16 form the analysis.

17 ‘‘(VI) ALTERNATIVE PAYMENT

18 METHODS.—If the President deter19 mines that a small business is unable

20 to pay its total settlement quantity

21 immediately, the President shall con22 sider such alternative payment meth23 ods as may be necessary or appro24 priate.
32

•S 1105 IS

1 ‘‘(D) ADDITIONAL CONDITIONS FOR EXPE2 DITED SETTLEMENTS.—

3 ‘‘(i) WAIVER OF CLAIMS.—The Presi4 dent shall require, as a condition of settle5 ment under this paragraph, that a poten6 tially responsible party waive some or all of

7 the claims (including a claim for contribu8 tion under section 113) that the party may

9 have against other potentially responsible

10 parties for response costs incurred with re11 spect to the facility, unless the President

12 determines that requiring a waiver would

13 be unjust.

14 ‘‘(ii) EXCEPTION.—The President

15 may decline to offer a settlement to a po16 tentially responsible party under this para17 graph if the President determines that the

18 potentially responsible party has failed to

19 comply with any request for access or in20 formation or an administrative subpoena

21 issued by the President under this Act or

22 has impeded or is impeding the perform23 ance of a response action with respect to

24 the facility.
33

•S 1105 IS

1 ‘‘(iii) RESPONSIBILITY TO PROVIDE

2 INFORMATION AND ACCESS.—A potentially

3 responsible party that enters into a settle4 ment under this paragraph shall not be re5 lieved of the responsibility to provide any

6 information or access requested by the

7 President in accordance with subsection

8 (e)(3)(B) or section 104(e).

9 ‘‘(iv) BASIS OF DETERMINATION.—If

10 the President determines that a potentially

11 responsible party is not eligible for settle12 ment under this paragraph, the President

13 shall state the reasons for the determina14 tion in writing to any potentially respon15 sible party that requests a settlement

16 under this paragraph.

17 ‘‘(v) NO JUDICIAL REVIEW.—A deter18 mination by the President under this para19 graph shall not be subject to judicial re20 view.’’; and

21 (3) in subparagraph (E) of paragraph (1) (as

22 redesignated by paragraph (1))—

23 (A) by redesignating clauses (i) through

24 (iii) as subclauses (I) through (III), respec25 tively, and adjusting the margins appropriately;
34

•S 1105 IS

1 (B) by striking ‘‘(E) The potentially re2 sponsible party’’ and inserting the following:

3 ‘‘(E) OWNERS OF REAL PROPERTY.—

4 ‘‘(i) IN GENERAL.—The condition

5 stated in this subparagraph is that the po6 tentially responsible party’’; and

7 (C) by striking ‘‘This subparagraph (B)’’

8 and inserting the following:

9 ‘‘(ii) APPLICABILITY.—Clause (i)’’.

10 (b) SETTLEMENT OFFERS.—Section 122(g) of the

11 Comprehensive Environment Response, Liability, and

12 Compensation Act of 1980 (42 U.S.C. 9622(g)) is

13 amended—

14 (1) by redesignating paragraph (6) as para15 graph (9); and

16 (2) by inserting after paragraph (5) the fol17 lowing:

18 ‘‘(6) SETTLEMENT OFFERS.—

19 ‘‘(A) NOTIFICATION.—As soon as prac20 ticable after receipt of sufficient information to

21 make a determination, the Administrator shall

22 notify any person that the Administrator deter23 mines is eligible under paragraph (1) of the

24 person’s eligibility for the expedited final settle25 ment.
35

•S 1105 IS

1 ‘‘(B) OFFERS.—As soon as practicable

2 after receipt of sufficient information, the Ad3 ministrator shall submit a written settlement

4 offer to each person that the Administrator de5 termines, based on information available to the

6 Administrator at the time at which the deter7 mination is made, to be eligible for a settlement

8 under paragraph (1).

9 ‘‘(C) INFORMATION.—At the time at which

10 the Administrator submits an offer under para11 graph (1), the Administrator shall, at the re12 quest of the recipient of the offer, make avail13 able to the recipient any information available

14 under section 552 of title 5, United States

15 Code, on which the Administrator bases the set16 tlement offer, and if the settlement offer is

17 based in whole or in part on information not

18 available under that section, so inform the re19 cipient.

20 ‘‘(7) LITIGATION MORATORIUM.—

21 ‘‘(A) IN GENERAL.—No person that has

22 received notification from the Administrator

23 under paragraph (6) that the person is eligible

24 for an expedited settlement under paragraph

25 (1) shall be named as a defendant in any action
36

•S 1105 IS

1 under this Act for recovery of response costs

2 (including an action for contribution) during

3 the period—

4 ‘‘(i) beginning on the date on which

5 the person receives from the President

6 written notice of the person’s potential li7 ability and notice that the person is a

8 party that may qualify for an expedited

9 settlement; and

10 ‘‘(ii) ending on the earlier of—

11 ‘‘(I) the date that is 90 days

12 after the date on which the President

13 tenders a written settlement offer to

14 the person; or

15 ‘‘(II) the date that is 1 year after

16 receipt of notice from the President

17 that the person may qualify for an ex18 pedited settlement.

19 ‘‘(B) SUSPENSION OF PERIOD OF LIMITA20 TION.—The period of limitation under section

21 113(g) applicable to a claim against a person

22 described in subparagraph (A) for response

23 costs, natural resource damages, or contribution

24 shall be suspended during the period described

25 in subparagraph (A).
37

•S 1105 IS

1 ‘‘(8) NOTICE OF SETTLEMENT.—After a settle2 ment under this subsection becomes final with re3 spect to a facility, the President shall promptly no4 tify potentially responsible parties at the facility that

5 have not resolved their liability to the United States

6 of the settlement.’’.

7 SEC. 203. SMALL BUSINESS OMBUDSMAN.

8 Section 117 of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9617) is amended by adding at the end the fol11 lowing:

12 ‘‘(f) SMALL BUSINESS OMBUDSMAN.—

13 ‘‘(1) ESTABLISHMENT.—The Administrator

14 shall establish a small business Superfund assistance

15 section within the small business ombudsman office

16 of the Environmental Protection Agency.

17 ‘‘(2) FUNCTIONS.—The small business Super18 fund assistance section shall—

19 ‘‘(A) act as a clearinghouse for the provi20 sion to small businesses of information, in a

21 form that is comprehensible to a layperson, re22 garding this Act, including information

23 regarding—
38

•S 1105 IS

1 ‘‘(i) requirements and procedures for

2 expedited settlements under section

3 122(g); and

4 ‘‘(ii) ability-to-pay procedures under

5 section 122(g);

6 ‘‘(B) provide general advice and assistance

7 to small businesses regarding questions and

8 problems concerning the settlement processes

9 (not including legal advice as to liability or any

10 other legal representation); and

11 ‘‘(C) develop proposals and make rec12 ommendations for changes in policies and ac13 tivities of the Environmental Protection Agency

14 that would better fulfill the goals of this title

15 and the amendments made by this title in en16 suring equitable, simplified, and expedited set17 tlements for small businesses.’’.

18 TITLE III—SETTLEMENTS FOR

19 MUNICIPALITIES AND CON20 TRIBUTORS OF MUNICIPAL

21 WASTE

22 SEC. 301. MUNICIPAL OWNERS AND OPERATORS.

23 Section 107 of the Comprehensive Environment Re24 sponse, Liability, and Compensation Act of 1980 (42
39

•S 1105 IS

1 U.S.C. 9607) (as amended by section 201) is amended by

2 adding at the end the following:

3 ‘‘(t) MUNICIPAL OWNERS AND OPERATORS.—

4 ‘‘(1) IN GENERAL.—A municipality that is lia5 ble for response costs under paragraph (1) or (2) of

6 subsection (a) on the basis of ownership or operation

7 of a municipal landfill that was listed on the Na8 tional Priority List on or before May 1, 1999, shall

9 be eligible for a settlement of that liability.

10 ‘‘(2) SETTLEMENT AMOUNT.—

11 ‘‘(A) MUNICIPALITIES WITH A POPU12 LATION OF 100,000 OR MORE.—

13 ‘‘(i) IN GENERAL.—Subject to clauses

14 (ii) and (iii), the President shall offer a

15 settlement to a municipality with a popu16 lation of 100,000 (as measured by the

17 1990 census) or more with respect to li18 ability described in paragraph (1) on the

19 basis of a payment or other obligation

20 equivalent in value to not more than 20

21 percent of the total response costs incurred

22 with respect to a facility.

23 ‘‘(ii) DECREASED AMOUNT.—The

24 President may decrease the percentage

25 under clause (i) with respect to a munici-
40

•S 1105 IS

1 pality to not less than 10 percent if the

2 President determines that the municipality

3 took specific acts of mitigation during the

4 operation of the facility to avoid environ5 mental contamination or exposure with re6 spect to the facility.

7 ‘‘(iii) INCREASED AMOUNT.—The

8 President may increase the percentage

9 under clause (i) to not more than 35 per10 cent if the President determines that—

11 ‘‘(I) the municipality committed

12 specific acts that exacerbated environ13 mental contamination or exposure

14 with respect to the facility; or

15 ‘‘(II) the municipality, during the

16 period of ownership or operation of

17 the facility, received operating reve18 nues substantially in excess of the

19 sum of the waste system operating

20 costs plus 20 percent of total esti21 mated response costs incurred with

22 respect to the facility.

23 ‘‘(B) MUNICIPALITIES WITH A POPU24 LATION OF LESS THAN 100,000.—The President

25 shall offer a settlement to a municipality with
41

•S 1105 IS

1 a population of less than 100,000 (as measured

2 by the 1990 census) with respect to liability de3 scribed in paragraph (1) in an amount that

4 does not exceed 10 percent of the total response

5 costs incurred with respect to the facility.

6 ‘‘(3) PERFORMANCE OF RESPONSE ACTIONS.—

7 As a condition of a settlement with a municipality

8 under this subsection, the President may require

9 that the municipality perform or participate in the

10 performance of the response actions at the facility.

11 ‘‘(4) OWNERSHIP OR OPERATION BY 2 OR MORE

12 MUNICIPALITIES.—A combination of 2 or more mu13 nicipalities that jointly own or operate (or owned or

14 operated) a facility at the same time or during con15 tinuous operations under municipal control shall be

16 considered to be a single owner or operator for the

17 purpose of calculating a settlement offer under this

18 subsection.

19 ‘‘(5) WAIVER OF CLAIMS.—The President shall

20 require, as a condition of a settlement under this

21 subsection, that a municipality or combination of 2

22 or more municipalities waive some or all of the

23 claims (including a claim for contribution under sec24 tion 113) that the party may have against other po25 tentially responsible parties for response costs in-
42

•S 1105 IS

1 curred with respect to the facility, unless the Presi2 dent determines that requiring a waiver would be

3 unjust.

4 ‘‘(6) EXCEPTIONS.—The President may decline

5 to offer a settlement under this subsection with re6 spect to a facility if the President determines that

7 the municipal owner or operator has failed to comply

8 with any request for information or administrative

9 subpoena issued by the United States under this

10 Act, has failed to provide facility access to persons

11 authorized to conduct response actions at the facil12 ity, or has impeded or is impeding the performance

13 of a response action with respect to the facility.’’.

14 SEC. 302. EXPEDITED SETTLEMENTS WITH CONTRIBUTORS

15 OF MUNICIPAL WASTE.

16 Section 122(g)(1) of the Comprehensive Environ17 mental Response, Compensation, and Liability Act of

18 1980 (42 U.S.C. 9622(g)(1)) (as amended by section

19 202(a)) is amended by adding at the end the following:

20 ‘‘(F) CONTRIBUTION OF MUNICIPAL SOLID

21 WASTE AND MUNICIPAL SEWAGE SLUDGE.—

22 ‘‘(i) IN GENERAL.—The condition

23 stated in this subparagraph is that the li24 ability of the potentially responsible party

25 is for response costs based on paragraph
43

•S 1105 IS

1 (3) or (4) of section 107(a) and the poten2 tially responsible party arranged for dis3 posal or treatment of, arranged with a

4 transporter for transport for disposal or

5 treatment of, or accepted for transport for

6 disposal or treatment, at a facility listed on

7 the National Priorities List—

8 ‘‘(I) municipal solid waste; or

9 ‘‘(II) municipal sewage sludge.

10 ‘‘(ii) SETTLEMENT AMOUNT.—

11 ‘‘(I) IN GENERAL.—The Presi12 dent shall offer a settlement to a

13 party referred to in clause (i) with re14 spect to liability under paragraph (3)

15 or (4) of section 107(a) on the basis

16 of a payment of $5.30 per ton of mu17 nicipal solid waste or municipal sew18 age sludge that the President esti19 mates is attributable to the party.

20 ‘‘(II) REVISION.—

21 ‘‘(aa) IN GENERAL.—The

22 President, after consulting with

23 local government officials, may

24 revise the per-ton rate by regula25 tion.
44

•S 1105 IS

1 ‘‘(bb) BASIS.—A revised set2 tlement amount under item (aa)

3 shall reflect the estimated per-ton

4 cost of closure and post-closure

5 activities at a representative fa6 cility containing only municipal

7 solid waste or municipal sewage

8 sludge.

9 ‘‘(iii) ADJUSTMENT FOR INFLA10 TION.—The Administrator may by guid11 ance periodically adjust the settlement

12 amounts under clause (ii) to reflect

13 changes in the Consumer Price Index (or

14 other appropriate index, as determined by

15 the Administrator).

16 ‘‘(iv) OTHER MATERIAL.—

17 ‘‘(I) IN GENERAL.—Notwith18 standing clause (i), a potentially re19 sponsible party that arranged for dis20 posal or treatment of, arranged with a

21 transporter for transport for disposal

22 or treatment of, or accepted for trans23 port for disposal or treatment, munic24 ipal solid waste or municipal sewage

25 sludge and other material containing
45

•S 1105 IS

1 hazardous substances shall be eligible

2 for the per-ton settlement rate pro3 vided in this subparagraph as to the

4 municipal solid waste or municipal

5 sewage sludge only, if the potentially

6 responsible party demonstrates to the

7 President’s satisfaction the quantity

8 of the municipal solid waste and mu9 nicipal sewage sludge contributed by

10 the party and the quantity and com11 position of the other material con12 taining hazardous substances contrib13 uted by the party.

14 ‘‘(II) PARTIES ELIGIBLE FOR DE

15 MICROMIS EXEMPTION.—If a poten16 tially responsible party demonstrates

17 to the President’s satisfaction that,

18 with respect to the material other

19 than municipal solid waste or munic20 ipal sewage sludge contributed by the

21 party, the party qualifies for the de

22 micromis exemption under section

23 107(r), the party shall qualify for the

24 per-ton settlement rate under clause

25 (ii) with respect to its municipal solid
46

•S 1105 IS

1 waste and municipal sewage sludge in

2 an expedited settlement under this

3 paragraph.

4 ‘‘(III) PARTIES ELIGIBLE FOR

5 EXPEDITED DE MINIMIS SETTLE6 MENT.—If a potentially responsible

7 party demonstrates to the satisfaction

8 of the President that, with respect to

9 the material other than a municipal

10 solid waste or municipal sewage

11 sludge contributed by the party, the

12 party qualifies for a de minimis settle13 ment under subparagraph (B), the

14 party shall qualify for the per-ton set15 tlement rate under clause (ii) with re16 spect to its municipal solid waste and

17 municipal sewage sludge at the time

18 that the party agrees to an expedited

19 settlement under this paragraph with

20 respect to its de minimis contribution

21 of other material containing haz22 ardous substances.

23 ‘‘(IV) OTHER PARTIES.—If a

24 party does not make the demonstra25 tion under subclauses (II) and (III),
47

•S 1105 IS

1 the President shall offer to resolve the

2 party’s liability with respect to the

3 municipal solid waste or municipal

4 sewage sludge at the per-ton settle5 ment rate under clause (ii) at such

6 time as the party agrees to a settle7 ment with respect to other material

8 containing hazardous substances on

9 terms and conditions acceptable to the

10 President.

11 ‘‘(G) MUNICIPALITY WITH LIMITED ABIL12 ITY TO PAY.—

13 ‘‘(i) IN GENERAL.—The conditions

14 stated in this subparagraph are that the

15 potentially responsible party is a munici16 pality and demonstrates to the President

17 an inability or a limited ability to pay re18 sponse costs.

19 ‘‘(ii) FACTORS.—The President shall

20 consider the inability or limited ability to

21 pay of a municipality to the extent that the

22 municipality provides necessary informa23 tion with respect to—

24 ‘‘(I) the general obligation bond

25 rating and information about the most
48

•S 1105 IS

1 recent bond issue for which the rating

2 was prepared;

3 ‘‘(II) the amount of total avail4 able funds (other than dedicated

5 funds or State assistance payments

6 for remediation of inactive hazardous

7 waste sites);

8 ‘‘(III) the amount of total oper9 ating revenues (other than obligated

10 or encumbered revenues);

11 ‘‘(IV) the amount of total ex12 penses;

13 ‘‘(V) the amount of total debt

14 and debt service;

15 ‘‘(VI) per capita income and cost

16 of living;

17 ‘‘(VII) real property values;

18 ‘‘(VIII) unemployment informa19 tion; and

20 ‘‘(IX) population information.

21 ‘‘(iii) EVALUATION OF IMPACT.—A

22 municipality may also submit for consider23 ation by the President an evaluation of the

24 potential impact of the settlement on the

25 provision of municipal services and the fea-
49

•S 1105 IS

1 sibility of making delayed payments or

2 payments over a certain period of time.

3 ‘‘(iv) RISK OF DEFAULT OR VIOLA4 TION.—A municipality may establish an in5 ability to pay for purposes of this subpara6 graph through an affirmative showing that

7 payment of its liability under this Act

8 would—

9 ‘‘(I) create a substantial demon10 strable risk that the municipality

11 would default on debt obligations ex12 isting as of the time of the showing,

13 be forced into bankruptcy, be forced

14 to dissolve, or be forced to make

15 budgetary cutbacks that would sub16 stantially reduce the level of protec17 tion of public health and safety; or

18 ‘‘(II) necessitate a violation of

19 legal requirements or limitations of

20 general applicability concerning the

21 assumption and maintenance of fiscal

22 municipal obligations.

23 ‘‘(v) OTHER FACTORS RELEVANT TO

24 SETTLEMENTS WITH MUNICIPALITIES.—In

25 determining an appropriate settlement
50

•S 1105 IS

1 amount with a municipality under this sub2 paragraph, the President may consider

3 other relevant factors, including the fair

4 market value of any in-kind services that

5 the municipality may provide to support

6 the response action at the facility.

7 ‘‘(H) APPLICABILITY OF EXPEDITED SET8 TLEMENT REQUIREMENTS.—

9 ‘‘(i) IN GENERAL.—The requirements

10 set forth in subparagraph (D) shall apply

11 to settlements described in subparagraphs

12 (F) and (G).

13 ‘‘(ii) OTHER REQUIREMENTS.—The

14 requirements set forth in subparagraph

15 (B)(ii) shall apply to settlements described

16 in subparagraph (F)(i)(II).’’.

17 TITLE IV—CLARIFICATION OF LI18 ABILITY FOR RECYCLING

19 TRANSACTIONS

20 SEC. 401. RECYCLING TRANSACTIONS.

21 Title I of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 (42

23 U.S.C. 9601 et seq.) is amended by adding at the end

24 the following:
51

•S 1105 IS

1 ‘‘SEC. 127. RECYCLING TRANSACTIONS.

2 ‘‘(a) LIABILITY CLARIFICATION.—A person who ar3 ranged for recycling of recyclable material in accordance

4 with this section shall not be liable under paragraph (3)

5 or (4) of section 107(a) with respect to the material.

6 ‘‘(b) DEFINITION OF RECYCLABLE MATERIAL.—

7 ‘‘(1) IN GENERAL.—In this section, the term

8 ‘recyclable material’ means scrap paper, scrap plas9 tic, scrap glass, scrap textile, scrap rubber (other

10 than whole tires), scrap metal, or spent lead-acid,

11 spent nickel-cadmium, and other spent battery, as

12 well as minor quantities of material incident to or

13 adhering to the scrap material as a result of its nor14 mal and customary use prior to becoming scrap.

15 ‘‘(2) EXCLUSIONS.—The term ‘recyclable mate16 rial’ does not include shipping containers of a capac17 ity from 30 liters to 3,000 liters, whether intact or

18 not, having any hazardous substance (but not metal

19 bits and pieces or hazardous substances that form

20 an integral part of the container) contained in or ad21 hering to the containers.

22 ‘‘(c) TRANSACTIONS INVOLVING SCRAP PAPER,

23 PLASTIC, GLASS, TEXTILES, OR RUBBER.—A transaction

24 involving scrap paper, scrap plastic, scrap glass, scrap tex25 tile, or scrap rubber (other than whole tires) shall be con26 sidered to be arranging for recycling if the person who
52

•S 1105 IS

1 arranged for the transaction (by selling recyclable material

2 or otherwise arranging for the recycling of recyclable ma3 terial) demonstrates by a preponderance of the evidence

4 that all of the following criteria were met at the time of

5 the transaction:

6 ‘‘(1) The recyclable material met a commercial

7 specification grade.

8 ‘‘(2) A market existed for the recyclable mate9 rial.

10 ‘‘(3) A substantial portion of the recyclable ma11 terial was made available for use as feedstock for the

12 manufacture of a new saleable product.

13 ‘‘(4) The recyclable material is a replacement or

14 substitute for a virgin raw material, or the product

15 to be made from the recyclable material is a replace16 ment or substitute for a product made, in whole or

17 in part, from a virgin raw material.

18 ‘‘(5) In the case of a transaction occurring 90

19 days or more after the date of enactment of this sec20 tion, the person exercised reasonable care to deter21 mine that the facility where the recyclable material

22 was handled, processed, reclaimed, or otherwise

23 managed by another person (referred to in this sec24 tion as a ‘consuming facility’) was in compliance

25 with substantive provisions of any Federal, State, or
53

•S 1105 IS

1 local environmental law (including a regulation, com2 pliance order, or decree issued pursuant to the law)

3 applicable to the handling, processing, reclamation,

4 storage, or other management activities associated

5 with recyclable material.

6 ‘‘(6) For purposes of this subsection, reasonable

7 care shall be determined using criteria that include

8 the following:

9 ‘‘(A) The price paid in the recycling trans10 action.

11 ‘‘(B) The ability of the person to detect

12 the nature of the consuming facility’s oper13 ations concerning its handling, processing, rec14 lamation, or other management activities asso15 ciated with recyclable material.

16 ‘‘(C) The result of inquiries made to ap17 propriate Federal, State, or local environmental

18 agencies regarding the consuming facility’s past

19 and current compliance with substantive provi20 sions of any Federal, State, or local environ21 mental law (including a regulation, compliance

22 order, or decree issued pursuant to the law) ap23 plicable to the handling, processing, reclama24 tion, storage, or other management activities

25 associated with the recyclable material. For the
54

•S 1105 IS

1 purposes of this paragraph, a requirement to

2 obtain a permit applicable to the handling,

3 processing, reclamation, or other management

4 activity associated with the recyclable materials

5 shall be considered to be a substantive provi6 sion.

7 ‘‘(d) TRANSACTIONS INVOLVING SCRAP METAL.—

8 ‘‘(1) IN GENERAL.—A transaction involving

9 scrap metal shall be considered to be arranging for

10 recycling if the person who arranged for the trans11 action (by selling recyclable material or otherwise ar12 ranging for the recycling of recyclable material)

13 demonstrates by a preponderance of the evidence

14 that (at the time of the transaction) the person—

15 ‘‘(A) met the criteria set forth in sub16 section (c) with respect to the scrap metal;

17 ‘‘(B) was in compliance with any applicable

18 regulations or standards regarding the storage,

19 transport, management, or other activities asso20 ciated with the recycling of scrap metal that the

21 Administrator promulgates under the Solid

22 Waste Disposal Act (42 U.S.C. 6901 et seq.)

23 subsequent to the date of enactment of this sec24 tion and with regard to transactions occurring
55

•S 1105 IS

1 after the effective date of the regulations or

2 standards; and

3 ‘‘(C) did not melt the scrap metal prior to

4 the transaction.

5 ‘‘(2) THERMAL SEPARATION.—For purposes of

6 paragraph (1)(C), melting of scrap metal does not

7 include the thermal separation of 2 or more mate8 rials due to differences in their melting points.

9 ‘‘(3) DEFINITION OF SCRAP METAL.—In this

10 subsection, the term ‘scrap metal’ means bits and

11 pieces of a metal part (such as a bar, a turning, a

12 rod, a sheet, and a wire) or a metal piece that may

13 be combined together with bolts or soldering (result14 ing in items such as a radiator, scrap automobile, or

15 railroad box car), which when worn or superfluous

16 can be recycled, other than scrap metals that the

17 Administrator excludes from this paragraph by regu18 lation.

19 ‘‘(e) TRANSACTIONS INVOLVING BATTERIES.—A

20 transaction involving a spent lead-acid battery, a spent

21 nickel-cadmium battery, or other spent battery shall be

22 considered to be arranging for recycling if the person who

23 arranged for the transaction (by selling recyclable material

24 or otherwise arranging for the recycling of recyclable ma-
56

•S 1105 IS

1 terial) demonstrates by a preponderance of the evidence

2 that at the time of the transaction—

3 ‘‘(1) the person met the criteria set forth in

4 subsection (c) with respect to the spent lead-acid

5 battery, spent nickel-cadmium battery, or other

6 spent battery, but the person did not recover the val7 uable components of such battery; and

8 ‘‘(2)(A) with respect to a transaction involving

9 a lead-acid battery, the person was in compliance

10 with applicable Federal environmental law (including

11 regulations and standards), regarding the storage,

12 transport, management, or other activities associated

13 with the recycling of the battery;

14 ‘‘(B) with respect to a transaction involving a

15 nickel-cadmium battery, the person was in compli16 ance with applicable Federal environmental law (in17 cluding regulations and standards) regarding the

18 storage, transport, management, or other activities

19 associated with the recycling of the battery; or

20 ‘‘(C) with respect to a transaction involving any

21 other spent battery, the person was in compliance

22 with applicable Federal environmental law (including

23 regulations and standards) regarding the storage,

24 transport, management, or other activities associated

25 with the recycling of the battery.
57

•S 1105 IS

1 ‘‘(f) EXCLUSIONS.—

2 ‘‘(1) IN GENERAL.—The exemptions set forth in

3 subsections (c), (d), and (e) shall not apply if—

4 ‘‘(A) the person had an objectively reason5 able basis to believe at the time of the recycling

6 transaction that—

7 ‘‘(i) the recyclable material would not

8 be recycled;

9 ‘‘(ii) the recyclable material would be

10 burned as fuel, or for energy recovery or

11 incineration; or

12 ‘‘(iii) for a transaction occurring be13 fore the date that is 90 days after the date

14 of the enactment of this section, the con15 suming facility was not in compliance with

16 a substantive provision of any Federal,

17 State, or local environmental law (includ18 ing a regulation, compliance order, or de19 cree issued pursuant to the law), applicable

20 to the handling, processing, reclamation, or

21 other management activities associated

22 with the recyclable material;

23 ‘‘(B) the person had reason to believe that

24 hazardous substances had been added to the re-
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1 cyclable material for purposes other than proc2 essing for recycling;

3 ‘‘(C) the person failed to exercise reason4 able care with respect to the management and

5 handling of the recyclable material (including

6 adhering to customary industry practices cur7 rent at the time of the recycling transaction de8 signed to minimize, through source control, con9 tamination of the recyclable material by haz10 ardous substances); or

11 ‘‘(D) with respect to any item of a recycla12 ble material, the item contained polychlorinated

13 biphenyls at a concentration in excess of 50

14 parts per million or any new standard promul15 gated pursuant to applicable Federal law.

16 ‘‘(2) OBJECTIVELY REASONABLE BASIS.—For

17 purposes of this subsection, an objectively reasonable

18 basis for belief shall be determined using criteria

19 that include—

20 ‘‘(A) the size of the person’s business;

21 ‘‘(B) customary industry practices (includ22 ing customary industry practices current at the

23 time of the recycling transaction designed to

24 minimize, through source control, contamina-
59

•S 1105 IS

1 tion of the recyclable material by hazardous

2 substances);

3 ‘‘(C) the price paid in the recycling trans4 action; and

5 ‘‘(D) the ability of the person to detect the

6 nature of the consuming facility’s operations

7 concerning its handling, processing, reclama8 tion, or other management activities associated

9 with the recyclable material.

10 ‘‘(3) PERMIT.—For purposes of this subsection,

11 a requirement to obtain a permit applicable to the

12 handling, processing, reclamation, or other manage13 ment activities associated with recyclable material

14 shall be considered to be a substantive provision.

15 ‘‘(g) EFFECT ON OTHER LIABILITY.—Nothing in

16 this section affects the liability of a person with respect

17 to materials that are not recyclable materials (as defined

18 in subsection (b)) under paragraph (1), (2), (3), or (4).

19 ‘‘(h) REGULATIONS.—The Administrator has the au20 thority, under section 115, to promulgate additional regu21 lations concerning this section.

22 ‘‘(i) EFFECT ON PENDING OR CONCLUDED AC23 TIONS.—The exemptions provided under this section shall

24 not affect any concluded judicial or administrative action
60

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1 or any pending judicial action initiated by the United

2 States prior to the date of enactment of this section.

3 ‘‘(j) LIABILITY FOR ATTORNEY’S FEES FOR CERTAIN

4 ACTIONS.—Any person who commences an action in con5 tribution against a person who is not liable by operation

6 of this section shall be liable to that person for all reason7 able costs of defending that action, including all reason8 able attorneys and expert witness fees.

9 ‘‘(k) RELATIONSHIP TO LIABILITY UNDER OTHER

10 LAWS.—Nothing in this section affects—

11 ‘‘(1) liability under any other Federal, State, or

12 local law (including a regulation), including any re13 quirements promulgated by the Administrator under

14 the Solid Waste Disposal Act (42 U.S.C. 6901 et

15 seq.); or

16 ‘‘(2) the ability of the Administrator to promul17 gate regulations under any other law, including the

18 Solid Waste Disposal Act.’’.

19 TITLE V—BROWNFIELDS

20 CLEANUP

21 SEC. 501. BROWNFIELDS FUNDING.

22 Title I of the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 (42

24 U.S.C. 9601 et seq.) is amended by adding at the end

25 the following:
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1 ‘‘SEC. 128. BROWNFIELDS FUNDING FOR STATE AND LOCAL

2 GOVERNMENTS.

3 ‘‘(a) BROWNFIELDS INVENTORY AND ASSESSMENT

4 GRANT PROGRAM.—

5 ‘‘(1) ESTABLISHMENT.—The Administrator

6 shall establish a program to award grants to States

7 or local governments to inventory brownfield sites

8 and to conduct site assessments of brownfield sites.

9 ‘‘(2) SCOPE OF PROGRAM.—

10 ‘‘(A) GRANT AWARDS.—To carry out this

11 subsection, the Administrator may, on approval

12 of an application, provide financial assistance to

13 a State or local government.

14 ‘‘(B) GRANT APPLICATION PROCEDURE.—

15 ‘‘(i) IN GENERAL.—The Administrator

16 shall establish a grant application proce17 dure for this section.

18 ‘‘(ii) NATIONAL CONTINGENCY

19 PLAN.—The Administrator may include in

20 the procedure established under clause (i)

21 requirements of the National Contingency

22 Plan, to the extent that those requirements

23 are relevant and appropriate to the pro24 gram under this subsection.

25 ‘‘(C) GRANT APPLICATION.—An applica26 tion for a grant under this subsection shall in-
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•S 1105 IS

1 clude, to the extent practicable, each of the fol2 lowing:

3 ‘‘(i) An identification of the

4 brownfield sites for which assistance is

5 sought and a description of the effect of

6 the brownfield sites on the community, in7 cluding a description of the nature and ex8 tent of any known or suspected environ9 mental contamination within the areas in

10 which eligible brownfield sites are situated.

11 ‘‘(ii) A description of the need of the

12 applicant for financial assistance to inven13 tory brownfield sites and conduct site as14 sessments.

15 ‘‘(iii) A demonstration of the potential

16 of the grant assistance to stimulate eco17 nomic development, including the extent to

18 which the assistance would stimulate the

19 availability of other funds for site assess20 ment, site identification, or environmental

21 remediation and subsequent redevelopment

22 of the areas in which eligible brownfield

23 sites are situated.

24 ‘‘(iv) A description of the local com25 mitment as of the date of the application,
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•S 1105 IS

1 which shall include a community involve2 ment plan that demonstrates meaningful

3 community involvement.

4 ‘‘(v) A plan that demonstrates how

5 the site assessment, site identification, or

6 environmental remediation and subsequent

7 development will be implemented,

8 including—

9 ‘‘(I) an environmental plan that

10 ensures the use of sound environ11 mental procedures;

12 ‘‘(II) an explanation of the ap13 propriate government authority and

14 support for the project as in existence

15 on the date of the application;

16 ‘‘(III) proposed funding mecha17 nisms for any additional work; and

18 ‘‘(IV) a proposed land ownership

19 plan.

20 ‘‘(vi) A statement describing the long21 term benefits and the sustainability of the

22 proposed project that includes—

23 ‘‘(I) the ability of the project to

24 be replicated nationally and measures

25 of success of the project; and
64

•S 1105 IS

1 ‘‘(II) to the extent known, the

2 potential of the plan for each area in

3 which an eligible brownfield site is sit4 uated to stimulate economic develop5 ment of the area on completion of the

6 environmental remediation.

7 ‘‘(vii) Such other factors as the Ad8 ministrator considers relevant to carry out

9 this title.

10 ‘‘(D) APPROVAL OF APPLICATION.—

11 ‘‘(i) IN GENERAL.—In making a deci12 sion on whether to approve an application

13 under subparagraph (A), the Adminis14 trator shall—

15 ‘‘(I) consider the need of the

16 State or local government for financial

17 assistance to carry out this sub18 section;

19 ‘‘(II) consider the ability of the

20 applicant to carry out an inventory

21 and site assessment under this sub22 section;

23 ‘‘(III) ensure a fair distribution

24 of grant funds between urban and

25 nonurban areas; and
65

•S 1105 IS

1 ‘‘(IV) consider such other factors

2 as the Administrator considers rel3 evant to carry out this subsection.

4 ‘‘(ii) GRANT CONDITIONS.—As a con5 dition of awarding a grant under this sub6 section, the Administrator may, on the

7 basis of the criteria considered under

8 clause (i), attach such conditions to the

9 grant as the Administrator determines ap10 propriate.

11 ‘‘(E) GRANT AMOUNT.—Subject to sub12 paragraph (E), the amount of a grant awarded

13 to any State or local government under this

14 subsection for inventory and site assessment of

15 1 or more brownfield sites shall not exceed

16 $200,000.

17 ‘‘(F) WAIVER.—The Administrator may

18 waive the limitation on the amount of a grant

19 under subparagraph (E) on the basis of the an20 ticipated level of contamination, size, status of

21 ownership, number of brownfield sites, or any

22 other factor relating to the facility that the Ad23 ministrator considers appropriate, taking into

24 consideration the impact of the increase on the
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•S 1105 IS

1 Administrator’s ability to provide grants at

2 other facilities.

3 ‘‘(G) TERMINATION OF GRANTS.—If the

4 Administrator determines that a State or local

5 government that receives a grant under this

6 subsection is in violation of a condition of a

7 grant referred to in subparagraph (D)(ii), the

8 Administrator may terminate the grant made to

9 the State or local government and require full

10 or partial repayment of the grant.

11 ‘‘(b) GRANTS AND LOANS FOR CLEANUP OF

12 BROWNFIELD SITES.—

13 ‘‘(1) ESTABLISHMENT.—The Administrator

14 shall establish a program to award grants to—

15 ‘‘(A) State or local governments to cap16 italize revolving loan funds for the cleanup of

17 brownfield sites; and

18 ‘‘(B) local governments that are not liable

19 under section 107, in accordance with para20 graph (3), for the purpose of cleaning up

21 brownfield sites.

22 ‘‘(2) LOANS.—The loans may be provided by

23 the State or local government to finance cleanups of

24 brownfield sites by the State or local government, or

25 by an owner or operator or a prospective purchaser
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•S 1105 IS

1 of a brownfield site (including a local government) at

2 which a cleanup is being conducted or is proposed to

3 be conducted.

4 ‘‘(3) DETERMINATION.—In determining wheth5 er to award a grant under paragraph (1)(B), the

6 Administrator shall consider, in addition to other re7 quirements of this subsection—

8 ‘‘(A) the demonstrated financial need of

9 the applicant for a grant, including whether the

10 applicant would be financially able to repay a

11 loan;

12 ‘‘(B) the extent to which the funds from

13 the grant would be used for the creation or

14 preservation of undeveloped space or for other

15 nonprofit purposes; and

16 ‘‘(C) the benefits of a revolving loan pro17 gram described in paragraph (1)(A) in pro18 moting the long-term availability of funding for

19 brownfields cleanups.

20 ‘‘(4) SCOPE OF PROGRAM.—

21 ‘‘(A) IN GENERAL.—

22 ‘‘(i) GRANTS.—In carrying out this

23 subsection, the Administrator may award a

24 grant to a State or local government that

25 submits an application to the Adminis-
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•S 1105 IS

1 trator that is approved by the Adminis2 trator.

3 ‘‘(ii) USE OF GRANT.—The grant

4 shall be used—

5 ‘‘(I) by the State or local govern6 ment to capitalize a revolving loan

7 fund to be used for cleanup of 1 or

8 more brownfield sites; or

9 ‘‘(II) in the case of a grant under

10 paragraph (1)(B), by the local govern11 ment for cleanup of brownfield sites.

12 ‘‘(B) GRANT APPLICATION PROCEDURE.—

13 ‘‘(i) IN GENERAL.—The Administrator

14 shall establish a grant application proce15 dure for this subsection.

16 ‘‘(ii) INCLUSIONS.—The procedure es17 tablished under clause (i)—

18 ‘‘(I) shall include criteria for

19 grants under paragraph (1)(B); and

20 ‘‘(II) may include requirements

21 of the National Contingency Plan, to

22 the extent that those requirements are

23 relevant and appropriate to the pro24 gram under this subsection.
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1 ‘‘(C) GRANT APPLICATION FOR REVOLVING

2 LOAN FUNDS.—An application for a grant

3 under this subsection to establish a revolving

4 loan fund, shall be in such form as the Admin5 istrator determines appropriate, and shall in6 clude, at a minimum, the following:

7 ‘‘(i) Evidence that the grant applicant

8 has the financial controls and resources to

9 administer a revolving loan fund in accord10 ance with this subsection.

11 ‘‘(ii) Provisions that—

12 ‘‘(I) ensure that the grant appli13 cant has the ability to monitor the use

14 of funds provided to loan recipients

15 under this subsection; and

16 ‘‘(II) ensure that any cleanup

17 conducted by the applicant is protec18 tive of human health and the environ19 ment.

20 ‘‘(iii) Identification of the criteria to

21 be used by the State or local government

22 in providing for loans under the program.

23 The criteria shall include the financial

24 standing of the applicants for the loans,

25 the use to which the loans will be put, the
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•S 1105 IS

1 provisions to be used to ensure repayment

2 of the loan funds.

3 ‘‘(iv) A complete description of the fi4 nancial standing of the applicant that in5 cludes a description of the assets, cash

6 flow, and liabilities of the applicant.

7 ‘‘(v) A written statement that attests

8 that the cleanup of the site would not

9 occur without access to the revolving loan

10 fund.

11 ‘‘(vi) The proposed method, and an12 ticipated period of time required, to clean

13 up the environmental contamination at the

14 brownfield site.

15 ‘‘(vii) An estimate of the proposed

16 total cost of the cleanup to be conducted at

17 the brownfield site.

18 ‘‘(viii) An analysis that demonstrates

19 the potential of the brownfield site for

20 stimulating economic development or other

21 beneficial use on completion of the cleanup

22 of the brownfield site.

23 ‘‘(5) GRANT APPROVAL.—In determining

24 whether to award a grant under this subsection, the

25 Administrator shall consider, as applicable—
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•S 1105 IS

1 ‘‘(A) the need of the State or local govern2 ment for financial assistance to clean up

3 brownfield sites that are the subject of the ap4 plication, taking into consideration the financial

5 resources available to the State or local govern6 ment;

7 ‘‘(B) the ability of the State or local gov8 ernment to ensure that the applicants repay the

9 loans in a timely manner;

10 ‘‘(C) the extent to which the cleanup of the

11 brownfield site or sites would reduce health and

12 environmental risks caused by the release of

13 contaminants at, or from, the brownfield site or

14 sites;

15 ‘‘(D) the demonstrable potential of the

16 brownfield site or sites for stimulating economic

17 development on completion of the cleanup;

18 ‘‘(E) the demonstrated ability of the State

19 or local government to administer such a loan

20 program;

21 ‘‘(F) the demonstrated experience of the

22 State or local government regarding brownfield

23 sites and the reuse of contaminated land, in24 cluding whether the government has received

25 any grant under this Act to assess brownfield
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•S 1105 IS

1 sites, except that applicants who have not pre2 viously received such a grant may be considered

3 for awards under this subsection;

4 ‘‘(G) the efficiency of having the loan ad5 ministered by the level of government rep6 resented by the applicant entity;

7 ‘‘(H) the experience of administering any

8 loan programs by the entity, including the loan

9 repayment rates;

10 ‘‘(I) the demonstrations made regarding

11 the ability of the State or local government to

12 ensure a fair distribution of grant funds among

13 brownfield sites within the jurisdiction of the

14 State or local government; and

15 ‘‘(J) such other factors as the Adminis16 trator considers relevant to carry out this sub17 section.

18 ‘‘(6) GRANT AMOUNT TO CAPITALIZE REVOLV19 ING LOAN FUNDS.—

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the amount of a grant to capitalize

22 a revolving loan fund made to a State or local

23 applicant under this subsection shall not exceed

24 $500,000.
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•S 1105 IS

1 ‘‘(B) WAIVER.—The Administrator may

2 waive the limitation on the amount of a grant

3 under subparagraph (A) on the basis of the an4 ticipated level of contamination, size, status of

5 ownership, number of brownfield sites, or any

6 other factor relating to the facility that the Ad7 ministrator considers appropriate, taking into

8 consideration the impact of the increase on the

9 Administrator’s ability to provide grants at

10 other facilities.

11 ‘‘(7) CLEANUP GRANT AMOUNT.—The amount

12 of a grant made to a local applicant under para13 graph (1)(B) shall not exceed $200,000.

14 ‘‘(8) GRANT APPROVAL.—Each application for

15 a grant to capitalize a revolving loan fund under this

16 subsection shall, as a condition of approval by the

17 Administrator, include a written statement by the

18 State or local government that cleanups to be funded

19 under this subsection shall be conducted under the

20 auspices of, and in compliance with—

21 ‘‘(A) the State voluntary cleanup program;

22 ‘‘(B) the State Superfund program; or

23 ‘‘(C) Federal law.

24 ‘‘(9) GRANT AGREEMENTS.—Each grant under

25 this subsection shall be made under a grant agree-
74

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1 ment that shall include, at a minimum, provisions

2 that ensure the following:

3 ‘‘(A) COMPLIANCE WITH LAW.—The grant

4 recipient shall include in all loan agreements a

5 requirement that the loan recipient shall comply

6 with all laws applicable to the cleanup and shall

7 ensure that the cleanup is protective of human

8 health and the environment.

9 ‘‘(B) REPAYMENT.—For grants made

10 under paragraph (1)(A), the State or local gov11 ernment shall require repayment of the loan

12 consistent with this subsection.

13 ‘‘(C) USE OF FUNDS.—

14 ‘‘(i) REVOLVING GRANTS.—For grants

15 made under paragraph (1)(A), the State or

16 local government shall use the funds, in17 cluding repayment of the principal and in18 terest, solely for purposes of establishing

19 and capitalizing a loan program in accord20 ance with this subsection and of cleaning

21 up the environmental contamination at the

22 brownfield site or sites.

23 ‘‘(ii) CLEANUP GRANTS.—For grants

24 made under paragraph (1)(B), the local

25 government shall use the funds solely for
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•S 1105 IS

1 the purpose of cleaning up the environ2 mental contamination at the brownfield

3 site or sites.

4 ‘‘(D) REPAYMENT OF FUNDS.—For grants

5 made under paragraph (1)(A), the State or

6 local government shall require in each loan

7 agreement, and take necessary steps to ensure,

8 that the loan recipient shall use the loan funds

9 solely for the purposes stated in subparagraph

10 (C), and shall require the return of any excess

11 funds immediately on a determination by the

12 appropriate State or local official that the

13 cleanup has been completed.

14 ‘‘(E) NONTRANSFERABILITY.—For grants

15 under paragraph (1)(A) or (1)(B), the loan

16 funds shall not be transferable, unless the Ad17 ministrator agrees to the transfer in writing.

18 ‘‘(F) LIENS.—

19 ‘‘(i) DEFINITIONS.—In this subpara20 graph, the terms ‘security interest’ and

21 ‘purchaser’ have the meanings given the

22 terms in section 6323(h) of the Internal

23 Revenue Code of 1986.

24 ‘‘(ii) LIENS.—A lien in favor of the

25 grant recipient shall arise on the contami-
76

•S 1105 IS

1 nated property subject to a loan under this

2 subsection.

3 ‘‘(iii) COVERAGE.—The lien shall

4 cover all real property included in the legal

5 description of the property at the time the

6 loan agreement provided for in this sub7 section is signed, and all rights to the

8 property, and shall continue until the

9 terms and conditions of the loan agreement

10 have been fully satisfied.

11 ‘‘(iv) TIMING.—The lien shall—

12 ‘‘(I) arise at the time a security

13 interest is appropriately recorded in

14 the real property records of the appro15 priate office of the State, county, or

16 other governmental subdivision, as

17 designated by State law, in which the

18 real property subject to the lien is lo19 cated; and

20 ‘‘(II) be subject to the rights of

21 any purchaser, holder of a security in22 terest, or judgment lien creditor

23 whose interest is or has been per24 fected under applicable State law be25 fore the notice has been filed in the
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•S 1105 IS

1 appropriate office of the State, coun2 ty, or other governmental subdivision,

3 as designated by State law, in which

4 the real property subject to the lien is

5 located.

6 ‘‘(G) OTHER CONDITIONS.—The State or

7 local government shall comply with such other

8 terms and conditions as the Administrator de9 termines are necessary to protect the financial

10 interests of the United States and to protect

11 human health and the environment.

12 ‘‘(c) REPORTS.—

13 ‘‘(1) IN GENERAL.—Not later than 1 year after

14 the date of enactment of this Act, and not later than

15 January 31 of each of the 3 calendar years there16 after, the Administrator shall prepare and submit a

17 report describing the results of each program estab18 lished under this title to—

19 ‘‘(A) the Committee on Environment and

20 Public Works of the Senate; and

21 ‘‘(B) the Committee on Commerce of the

22 House of Representatives.

23 ‘‘(2) CONTENTS OF REPORT.—Each report

24 shall, with respect to each of the programs estab25 lished under this title, include a description of—
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•S 1105 IS

1 ‘‘(A) the number of applications received

2 by the Administrator during the preceding cal3 endar year;

4 ‘‘(B) the number of applications approved

5 by the Administrator during the preceding cal6 endar year; and

7 ‘‘(C) the allocation of assistance under

8 subsections (a) and (b) among the States and

9 local governments.

10 ‘‘(d) LIMITATIONS ON USE OF FUNDS.—

11 ‘‘(1) EXCLUDED FACILITIES.—A grant for site

12 inventory and assessment under subsection (a) or to

13 capitalize a revolving loan fund or conduct a cleanup

14 under subsection (b) may not be used for any activ15 ity involving—

16 ‘‘(A) a facility that is the subject of a

17 planned or an ongoing response action under

18 this Act, except for a facility for which a pre19 liminary assessment, site investigation, or re20 moval action has been completed and with re21 spect to which the Administrator has decided

22 not to take further response action, including

23 cost recovery action;
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•S 1105 IS

1 ‘‘(B) a facility included, or proposed for in2 clusion, on the National Priorities List main3 tained by the Administrator under this Act;

4 ‘‘(C) a facility with respect to which a

5 record of decision, other than a no-action record

6 of decision, has been issued by the President

7 under section 104 with respect to the facility;

8 ‘‘(D) a facility that is subject to corrective

9 action under section 3004(u) or 3008(h) of the

10 Solid Waste Disposal Act (42 U.S.C. 6924(u),

11 6928(h)) to which a corrective action permit or

12 order has been issued or modified to require the

13 implementation of corrective measures;

14 ‘‘(E) any land disposal unit with respect to

15 which a closure notification under subtitle C of

16 the Solid Waste Disposal Act (42 U.S.C. 6921

17 et seq.) has been submitted and closure require18 ments have been specified in a closure plan or

19 permit;

20 ‘‘(F) a facility at which there has been a

21 release of a polychlorinated biphenyl and that is

22 subject to the Toxic Substances Control Act (15

23 U.S.C. 2601 et seq.);

24 ‘‘(G) a facility with respect to which an ad25 ministrative or judicial order or a consent de-
80

•S 1105 IS

1 cree requiring cleanup has been issued or en2 tered into by the President and is in effect

3 under—

4 ‘‘(i) this Act;

5 ‘‘(ii) the Solid Waste Disposal Act (42

6 U.S.C. 6901 et seq.);

7 ‘‘(iii) the Federal Water Pollution

8 Control Act (33 U.S.C. 1251 et seq.);

9 ‘‘(iv) the Toxic Substances Control

10 Act (15 U.S.C. 2601 et seq.); or

11 ‘‘(v) the Safe Drinking Water Act (42

12 U.S.C. 300f et seq.);

13 ‘‘(H) a facility at which assistance for re14 sponse activities may be obtained under subtitle

15 I of the Solid Waste Disposal Act (42 U.S.C.

16 6991 et seq.) from the Leaking Underground

17 Storage Tank Trust Fund established by sec18 tion 9508 of the Internal Revenue Code of

19 1986; and

20 ‘‘(I) a facility owned or operated by a de21 partment, agency, or instrumentality of the

22 United States, except for land held in trust by

23 the United States for an Indian tribe.

24 ‘‘(2) FACILITY GRANTS.—Notwithstanding

25 paragraph (1), the President may, on a facility-by-
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•S 1105 IS

1 facility basis, allow a grant under subsection (a) or

2 (b) to be used for an activity involving any facility

3 or portion of a facility listed in subparagraph (D),

4 (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), or (H) of

5 paragraph (1).

6 ‘‘(3) FINES AND COST-SHARING.—A grant

7 made under this title may not be used to pay any

8 fine or penalty owed to a State or the Federal Gov9 ernment, or to meet any Federal cost-sharing re10 quirement.

11 ‘‘(4) OTHER LIMITATIONS.—

12 ‘‘(A) IN GENERAL.—Funds made available

13 to a State or local government under the grant

14 programs established under subsections (a) and

15 (b) shall be used only to inventory and assess

16 brownfield sites as authorized by this title and

17 for capitalizing a revolving loan fund or cleanup

18 of a brownfield site as authorized by this title,

19 respectively.

20 ‘‘(B) RESPONSIBILITY FOR CLEANUP AC21 TION.—Funds made available under this title

22 may not be used to relieve a local government

23 or State of the commitment or responsibilities

24 of the local government or State under State
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1 law to assist or carry out cleanup actions at

2 brownfield sites.

3 ‘‘(e) REGULATIONS.—

4 ‘‘(1) IN GENERAL.—The Administrator may

5 issue such regulations as are necessary to carry out

6 this section.

7 ‘‘(2) PROCEDURES AND STANDARDS.—The reg8 ulations shall include such procedures and standards

9 as the Administrator considers necessary, including

10 procedures and standards for evaluating an applica11 tion for a grant or loan submitted under this sec12 tion.

13 ‘‘(f) EFFECT ON OTHER LAWS.—Nothing in this title

14 affects the liability or response authorities for environ15 mental contamination under any other law (including any

16 regulation), including—

17 ‘‘(1) this Act;

18 ‘‘(2) the Solid Waste Disposal Act (42 U.S.C.

19 6901 et seq.);

20 ‘‘(3) the Federal Water Pollution Control Act

21 (33 U.S.C. 1251 et seq.);

22 ‘‘(4) the Toxic Substances Control Act (15

23 U.S.C. 2601 et seq.); and

24 ‘‘(5) the Safe Drinking Water Act (42 U.S.C.

25 300f et seq.).’’.
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1 SEC. 502. RESEARCH, DEVELOPMENT, DEMONSTRATION,

2 AND TRAINING.

3 (a) RESEARCH, DEVELOPMENT, DEMONSTRATION,

4 AND TRAINING.—Section 311 of the Comprehensive Envi5 ronmental Response, Compensation, and Liability Act of

6 1980 (42 U.S.C. 9660) is amended by striking subsection

7 (c) and inserting the following:

8 ‘‘(c) HAZARDOUS SUBSTANCE RESEARCH, DEVELOP9 MENT, DEMONSTRATION, AND TRAINING.—

10 ‘‘(1) IN GENERAL.—The Administrator may

11 conduct and, through grants, cooperative agree12 ments, contracts, and the provision of technical as13 sistance, may support, research, development, dem14 onstration, and training relating to the detection, as15 sessment, remediation, and evaluation of the effects

16 on and risks to human health and the environment

17 from hazardous substances.

18 ‘‘(2) ELIGIBILITY.—The Administrator may

19 award grants and cooperative agreements, or con20 tracts or provide technical assistance under this sub21 section to a State, Indian tribe, consortium of In22 dian tribes, interstate agency, political subdivision of

23 a State, educational institution, or other agency or

24 organization for the development and implementa25 tion of training, technology transfer, and informa26 tion dissemination programs to strengthen environ-
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1 mental response activities, including enforcement, at

2 the Federal, State, tribal and local levels.

3 ‘‘(3) REQUIREMENTS.—The Administrator may

4 establish such requirements for grants and coopera5 tive agreements under this subsection as the Admin6 istrator considers to be appropriate.’’.

7 (b) TRAINING AND TECHNICAL ASSISTANCE.—Sec8 tion 117 of the Comprehensive Environmental Response,

9 Compensation, and Liability Act of 1980 (42 U.S.C.

10 9617) (as amended by section 203) is amended by adding

11 at the end the following:

12 ‘‘(g) FINANCIAL ASSISTANCE FOR TRAINING.—The

13 Administrator may provide training and technical assist14 ance to individuals and organizations, as appropriate to—

15 ‘‘(1) inventory and conduct assessments and

16 cleanups of brownfield sites; and

17 ‘‘(2) conduct response actions under this Act.’’.

18 SEC. 503. STATE VOLUNTARY CLEANUP PROGRAMS.

19 Title I of the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 1980 (42

21 U.S.C. 9601 et seq.) (as amended by section 501) is

22 amended by adding at the end the following:
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1 ‘‘SEC. 129. SUPPORT FOR STATE VOLUNTARY CLEANUP

2 PROGRAMS.

3 ‘‘(a) EPA ASSISTANCE FOR STATES FOR STATE VOL4 UNTARY RESPONSE PROGRAMS.—The Administrator shall

5 assist States to establish and administer State voluntary

6 response programs that provide—

7 ‘‘(1) voluntary response actions that ensure

8 adequate site assessment and are protective of

9 human health and the environment;

10 ‘‘(2) opportunities for technical assistance (in11 cluding grants) for voluntary response actions;

12 ‘‘(3) meaningful opportunities for public partici13 pation on issues that affect the community, which

14 shall include prior notice and opportunity for com15 ment in the selection of response actions and which

16 may include involvement of State and local health

17 officials during site assessment;

18 ‘‘(4) streamlined procedures to ensure expedi19 tious voluntary response actions;

20 ‘‘(5) adequate oversight, enforcement authori21 ties, resources, and practices to—

22 ‘‘(A) ensure that voluntary response ac23 tions are protective of human health and the

24 environment, as provided in paragraph (1), and

25 are conducted in a timely manner in accordance

26 with a State-approved response action plan; and
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1 ‘‘(B) ensure completion of response actions

2 if the person conducting the response action

3 fails or refuses to complete the necessary re4 sponse activities that are protective of human

5 health and the environment, including operation

6 and maintenance or long-term monitoring ac7 tivities;

8 ‘‘(6) mechanisms for the approval of a response

9 action plan; and

10 ‘‘(7) mechanisms for a certification or similar

11 documentation to the person that conducted the re12 sponse action indicating that the response is com13 plete.

14 ‘‘(b) GRANTS FOR DEVELOPMENT AND ENHANCE15 MENT OF STATE VOLUNTARY RESPONSE PROGRAMS AND

16 REPORTING REQUIREMENT.—

17 ‘‘(1) GRANTS TO STATES.—The Administrator

18 shall provide grants to States to develop or enhance

19 State voluntary response programs described in sub20 section (a).

21 ‘‘(2) PUBLIC RECORD.—To assist the Adminis22 trator in determining the needs of States for assist23 ance under this section, the Administrator shall en24 courage the States to maintain a public record of fa25 cilities, by name and location, that have been or are
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1 planned to be addressed under a State voluntary re2 sponse program.

3 ‘‘(3) REPORTING REQUIREMENT.—Not later

4 than the end of the first calendar year after the date

5 of enactment of this section, and annually there6 after, each State that receives financial assistance

7 under this section shall submit to the Administrator

8 a report describing the progress of the voluntary re9 sponse program of the State, including information,

10 with respect to that calendar year, on—

11 ‘‘(A) the number of sites, if any, under12 going voluntary cleanup, including a separate

13 description of the number of sites in each stage

14 of voluntary cleanup;

15 ‘‘(B) the number of sites, if any, entering

16 voluntary cleanup; and

17 ‘‘(C) the number of sites, if any, that re18 ceived a certification from the State indicating

19 that a response action is complete.’’.

20 SEC. 504. AUDITS.

21 Section 111 of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 (42

23 U.S.C. 9611) is amended by adding at the end the fol24 lowing:

25 ‘‘(q) AUDITS.—
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1 ‘‘(1) IN GENERAL.—The Inspector General of

2 the Environmental Protection Agency shall audit a

3 portion of the grants awarded under section 129 to

4 ensure that all funds are used in a manner that is

5 consistent with that section.

6 ‘‘(2) FUTURE GRANTS.—The result of the audit

7 shall be taken into account in awarding any future

8 grants to the State or local government under that

9 section.’’.

10 TITLE VI—SETTLEMENT

11 INCENTIVES

12 SEC. 601. FAIRNESS IN SETTLEMENTS.

13 Section 122 of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42

15 U.S.C. 9622) is amended by adding at the end the fol16 lowing:

17 ‘‘(n) FAIRNESS IN SETTLEMENTS.—

18 ‘‘(1) ASSISTANCE FOR CLEANUP SETTLE19 MENTS.—An agreement under subsection (a) may,

20 in the discretion of the President, provide for pay21 ment of sums appropriated under section 111(s) to

22 pay a portion of the response costs at a facility in

23 accordance with section 122(b) where the President

24 determines there are parties that are insolvent,
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1 defunct, or otherwise have a limited ability to pay,

2 or based on other equitable considerations.

3 ‘‘(2) APPLICATION TOWARD CLEANUP SETTLE4 MENT OF SUMS RECOVERED IN OTHER SETTLE5 MENTS.—The President may enter into settlements

6 under paragraphs (3), subparagraphs (B), (C), (F),

7 and (G) of section 122(g)(1), and section 107(t)

8 that include terms providing for the disposition of

9 the proceeds of the settlements in a manner that is

10 fair and reasonable, including, as appropriate, the

11 placement of settlement proceeds in interest-bearing

12 accounts to conduct or enable other persons to con13 duct response actions at the facility.

14 ‘‘(3) ADDITIONAL SETTLEMENTS BASED ON

15 ABILITY TO PAY.—The President shall have the au16 thority to evaluate the ability to pay of any poten17 tially responsible party, and to enter into a settle18 ment with the party based on that party’s ability to

19 pay.’’.

20 TITLE VII—FUNDING

21 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

22 Section 111(a) of the Comprehensive Environmental

23 Response, Compensation, and Liability Act of 1980 (42

24 U.S.C. 9611(a)) is amended in the first sentence by strik25 ing ‘‘$8,500,000,000 for the 5-year period beginning on
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1 the date of enactment of the Superfund Amendments and

2 Reauthorization Act of 1986, and not more than

3 $5,100,000,000 for the period commencing October 1,

4 1991, and ending September 30, 1994’’ and inserting

5 ‘‘$7,500,000,000 for the period beginning October 1,

6 1999, and ending September 30, 2004’’.

7 SEC. 702. FUNDING FOR CLEANUP SETTLEMENTS.

8 Section 111 of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9611) is amended—

11 (1) in subsection (a), by inserting after para12 graph (6) the following:

13 ‘‘(7) FUNDING FOR CLEANUP SETTLEMENTS.—

14 Payments toward cleanup settlements under sub15 section (r) and section 122(n)(1).’’; and

16 (2) by adding at the end the following:

17 ‘‘(r) MANDATORY FUNDING.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (4),

19 for the purpose of contributing under section

20 122(n)(1) to a cleanup settlement, there is made

21 available for obligation from amounts in the Haz22 ardous Substance Superfund for each of fiscal years

23 2000 through 2004, $200,000,000, to remain avail24 able until expended
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1 ‘‘(2) EFFECT ON AUTHORITY.—Nothing in this

2 paragraph affects the authority of the Administrator

3 to forego recovery of past costs.

4 ‘‘(3) FISCAL YEAR FUNDS.—Except in fiscal

5 year 2000, if the amounts made available under

6 paragraph (1) available for a fiscal year have been

obligated, up to 1 7 ⁄2 of the amounts made available

8 under paragraph (1) for the next fiscal year may be

9 obligated.

10 ‘‘(4) CONDITION ON AVAILABILITY.—An

11 amount under paragraph (1) may be made available

12 for obligation for a fiscal year only if the total

13 amount appropriated for the fiscal year under sec14 tion 111(a) equals or exceeds $1,500,000,000.’’.

15 SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE

16 REGISTRY.

17 Section 111 of the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 1980 (42

19 U.S.C. 9611) is amended by striking subsection (m) and

20 inserting the following:

21 ‘‘(m) AGENCY FOR TOXIC SUBSTANCES AND DIS22 EASE REGISTRY.—There shall be directly available to the

23 Agency for Toxic Substances and Disease Registry to be

24 used for the purpose of carrying out activities described
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1 in subsection (c)(4) and section 104(i) not less than

2 $75,000,000 for each of fiscal years 2000 through 2004.’’.

3 SEC. 704. BROWNFIELDS.

4 Section 111 of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9611) (as amended by section 702) is amended by

7 adding at the end the following:

8 ‘‘(s) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) INVENTORY AND ASSESSMENT PRO10 GRAM.—There is authorized to be appropriated to

11 carry out section 128(a) $35,000,000 for each of fis12 cal years 2000 through 2004.

13 ‘‘(2) GRANTS FOR CLEANUP.—There is author14 ized to be appropriated to carry out section 128(b)

15 $60,000,000 for each of fiscal years 2000 through

16 2004.

17 ‘‘(3) VOLUNTARY RESPONSE PROGRAMS.—

18 There is authorized to be appropriated for assistance

19 to States for voluntary response programs under

20 section 129(b) $15,000,000 for each of the first 5

21 fiscal years beginning after the date of enactment of

22 this section.

23 ‘‘(4) AVAILABILITY OF FUNDS.—The amounts

24 appropriated under this subsection shall remain

25 available until expended.’’.
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1 SEC. 705. AUTHORIZATION OF APPROPRIATIONS FROM

2 GENERAL REVENUES.

3 Section 111(p) of the Comprehensive Environmental

4 Response, Compensation, and Liability Act of 1980 (42

5 U.S.C. 9611(p)) is amended by striking paragraph (1) and

6 inserting the following:

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) AUTHORIZATION.—There are author9 ized to be appropriated, out of any money in

10 the Treasury not otherwise appropriated, to the

11 Hazardous Substance Superfund, $250,000,000

12 for each of fiscal years 2000 through 2004.

13 ‘‘(B) APPROPRIATION IN SUBSEQUENT

14 YEARS.—In addition to funds appropriated

15 under subparagraph (A), there is authorized to

16 be appropriated to the Hazardous Substance

17 Superfund for each fiscal year described in sub18 paragraph (A) an amount equal to so much of

19 the aggregate amount authorized to be appro20 priated under subparagraph (A) as has not

21 been appropriated for any previous fiscal

22 year.’’.

23 SEC. 706. WORKER TRAINING AND EDUCATION GRANTS.

24 Section 111(c)(12) of the Comprehensive Environ25 mental Response, Compensation, and Liability Act of

26 1980 (42 U.S.C. 9611(c)(12)) is amended—
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1 (1) by striking ‘‘$10,000,000’’ and inserting

2 ‘‘$40,000,000’’; and

3 (2) by striking ‘‘each of fiscal years 1987,’’ and

4 all that follows through ‘‘1994’’ and inserting ‘‘each

5 of fiscal years 2000 through 2004’’.

6 TITLE VIII—DEFINITIONS

7 SEC. 801. DEFINITIONS.

8 Section 101 of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9601) (as amended by section 101(c)) is amended

11 by adding at the end the following:

12 ‘‘(40) BROWNFIELD SITE.—The term

13 ‘brownfield site’ means a facility that has or is sus14 pected of having environmental contamination

15 that—

16 ‘‘(A) could prevent the timely use, develop17 ment, reuse, or redevelopment of the facility;

18 and

19 ‘‘(B) is relatively limited in scope or sever20 ity and can be comprehensively assessed and

21 readily analyzed.

22 ‘‘(41) CONTAMINANT.—The term ‘‘contami23 nant’’, for purposes of section 128 and paragraph

24 (44), includes any hazardous substance.
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1 ‘‘(42) GRANT.—The term ‘‘grant’’ includes a

2 cooperative agreement.

3 ‘‘(43) LOCAL GOVERNMENT.—The term ‘‘local

4 government’’ has the meaning given the term ‘‘unit

5 of general local government’’ in section 102(a) of the

6 Housing and Community Development Act of 1974

7 (42 U.S.C. 5302(a)), except that the term includes

8 an Indian tribe.

9 ‘‘(44) SITE ASSESSMENT.—

10 ‘‘(A) IN GENERAL.—The term ‘‘site assess11 ment’’, for purposes of sections 128 and 129

12 and paragraph (35) means an investigation that

13 determines the nature and extent of a release or

14 potential release of a hazardous substance at a

15 brownfield site and meets the requirements of

16 subparagraph (B).

17 ‘‘(B) INVESTIGATION.—For the purposes

18 of this paragraph, an investigation that meets

19 the requirements of this subparagraph—

20 ‘‘(i) shall include—

21 ‘‘(I) an onsite evaluation; and

22 ‘‘(II) sufficient testing, sampling,

23 and other field-data-gathering activi24 ties to accurately determine whether

25 the brownfield site is contaminated
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1 and the threats to human health and

2 the environment posed by the release

3 of contaminants at the brownfield

4 site; and

5 ‘‘(ii) may include—

6 ‘‘(I) review of such information

7 regarding the brownfield site and pre8 vious uses as is available at the time

9 of the review; and

10 ‘‘(II) an offsite evaluation, if ap11 propriate.

12 ‘‘(45) MUNICIPAL SOLID WASTE.—

13 ‘‘(A) IN GENERAL.—The term ‘municipal

14 solid waste’ means—

15 ‘‘(i) waste material generated by a

16 household (including a single or multi17 family residence); and

18 ‘‘(ii) waste material generated by a

19 commercial, institutional, or industrial

20 source, to the extent that the waste

21 material—

22 ‘‘(I) is essentially the same as

23 waste normally generated by a house24 hold; or
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1 ‘‘(II) is collected and disposed of

2 with other municipal solid waste or

3 municipal sewage sludge as part of

4 normal municipal solid waste collec5 tion services, and, with respect to

6 each source from which the waste ma7 terial is collected, qualifies for a de

8 micromis exemption under section

9 107(r).

10 ‘‘(B) EXAMPLES.—Examples of municipal

11 solid waste under subparagraph (A) include

12 food and yard waste, paper, clothing, appli13 ances, consumer product packaging, disposable

14 diapers, office supplies, cosmetics, glass and

15 metal food containers, elementary or secondary

16 school science laboratory waste, and household

17 hazardous waste.

18 ‘‘(C) EXCLUSIONS.—The term ‘municipal

19 solid waste’ does not include—

20 ‘‘(i) combustion ash generated by re21 source recovery facilities or municipal in22 cinerators; or

23 ‘‘(ii) waste material from manufac24 turing or processing (including pollution

25 control) operations that is not essentially
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1 the same as waste normally generated by

2 households.

3 ‘‘(46) MUNICIPALITY.—

4 ‘‘(A) IN GENERAL.—The term ‘munici5 pality’ means a political subdivision of a State.

6 ‘‘(B) INCLUSIONS.—The term ‘munici7 pality’ includes—

8 ‘‘(i) a city, county, village, town,

9 township, borough, parish, school, school

10 district, sanitation district, water district,

11 or other public entity performing local gov12 ernmental functions; and

13 ‘‘(ii) a natural person acting in the

14 capacity of an official, employee, or agent

15 of a political subdivision of a State or an

16 entity described in clause (i) in the per17 formance of governmental functions.

18 ‘‘(47) OWNER, OPERATOR, OR LESSEE OF RESI19 DENTIAL PROPERTY.—

20 ‘‘(A) IN GENERAL.—The term ‘owner, op21 erator, or lessee of residential property’ means

22 a person that—

23 ‘‘(i) owns, operates, manages, or

24 leases residential property; and
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1 ‘‘(ii) uses or allows the use of the resi2 dential property exclusively for residential

3 purposes.

4 ‘‘(B) RESIDENTIAL PROPERTY.—For the

5 purposes of subparagraph (A) the term ‘resi6 dential property’ means a single or multifamily

7 residence (including incidental accessory land,

8 buildings, or improvements) that is used exclu9 sively for residential purposes.

10 ‘‘(48) SMALL NONPROFIT ORGANIZATION.—The

11 term ‘small nonprofit organization’ means an organi12 zation that, at the time of disposal—

13 ‘‘(A) did not distribute any part of its in14 come or profit to its members, directors, or offi15 cers;

16 ‘‘(B) employed not more than 100 paid in17 dividuals at the chapter, office, or department

18 disposing of the waste; and

19 ‘‘(C) was an organization described in sec20 tion 501(c) of the Internal Revenue Code of

21 1986 that is exempt from taxation under sec22 tion 501(a) of the Internal Revenue Code of

23 1986.

24 ‘‘(49) AFFILIATE; AFFILIATED.—The terms ‘af25 filiate’ and ‘affiliated’ have the meanings that those
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1 terms have in section 121.103 of title 13, Code of

2 Federal Regulations (or any successor regulation).

3 ‘‘(50) MUNICIPAL SEWAGE SLUDGE.—The term

4 ‘municipal sewage sludge’ means solid, semisolid, or

5 liquid residue removed during the treatment of mu6 nicipal wastewater, domestic sewage, or other waste7 water at or by publicly owned or federally owned

8 treatment works.’’.

Æ