II 

112TH CONGRESS 

1ST SESSION S. 1729 

To amend the Comprehensive Environmental Response Compensation and 

Liability Act of 1980 to clarify that manure is not considered a hazardous substance, pollutant, or contaminant under that Act. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 18, 2011 

Mr. BLUNT (for himself, Mr. CRAPO, Mr. MORAN, Mr. ISAKSON, Mr. LUGAR, 

Mr. CHAMBLISS, and Mr. RISCH) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend the Comprehensive Environmental Response Compensation and Liability Act of 1980 to clarify that manure is not considered a hazardous substance, pollutant, 

or contaminant under that Act. 

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

3 SECTION 1. ANIMAL WASTE. 

4 (a) AMENDMENT OF CERCLA.—Title III of the 

5 Comprehensive Environmental Response Compensation 

6 and Liability Act of 1980 (42 U.S.C. 9651) is amended 

7 by adding at the end the following: 


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2 

•S 1729 IS

1 ‘‘SEC. 312. EXCEPTION FOR MANURE. 

2 ‘‘(a) DEFINITION OF MANURE.—In this section, the 

3 term ‘manure’ means— 

4 ‘‘(1) digestive emissions, feces, urine, urea, and 

5 other excrement from livestock (as defined in section 

6 205.2 of title 7, Code of Federal Regulations (or a 

7 successor regulation)); 

8 ‘‘(2) any associated bedding, compost, raw ma9 terials, or other materials commingled with excre10 ment described in paragraph (1); 

11 ‘‘(3) any process water associated with any ex12 crement or other material referred to in paragraph 

13 (1) or (2); and 

14 ‘‘(4) any byproduct, constituent, or substance 

15 contained in, originating from, or any emission relat16 ing to, any excrement or other material described in 

17 paragraph (1), (2), or (3). 

18 ‘‘(b) EXCLUSION.—As of the date of enactment of 

19 this section, manure shall not be considered to be, or in20 cluded in the meaning of, a hazardous substance or a pol21 lutant or contaminant under this Act. 

22 ‘‘(c) ELIMINATION OF PAPERWORK REQUIRE23 MENTS.—The enactment of this section shall not impose 

24 any liability for manure under the Emergency Planning 

25 and Community Right-to-Know Act of 1986 (42 U.S.C. 

26 11001 et seq.). 


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3 

•S 1729 IS

1 ‘‘(d) NO EFFECT ON OTHER ENVIRONMENTAL

2 LAW.—Nothing in this section affects the applicability of 

3 any other environmental statute with respect to— 

4 ‘‘(1) the definition of the term ‘manure’; or 

5 ‘‘(2) the responsibility or liability of any person 

6 regarding the treatment, storage, or disposal of ma7 nure.’’. 

8 (b) AMENDMENT OF SARA.—Section 304(a) of the 

9 Superfund Amendments and Reauthorization Act of 1986 

10 (Public Law 99–499; 100 Stat. 1734) is amended by strik11 ing paragraph (4) and inserting the following: 

12 ‘‘(4) EXEMPTED RELEASES.—This section does 

13 not apply to— 

14 ‘‘(A) any release that results in exposure 

15 to persons solely within the site or sites on 

16 which a facility is located; or 

17 ‘‘(B) any release associated with manure 

18 (as defined in section 312 of the Comprehensive 

19 Environmental Response, Compensation, and 

20 Liability Act of 1980).’’. 

Æ 


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