I

104TH CONGRESS

2D SESSION H. R. 4272

To amend the Solid Waste Disposal Act to improve public accountability

and public safety in the management of hazardous waste facilities.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1996

Mr. SPRATT introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the Solid Waste Disposal Act to improve public

accountability and public safety in the management of

hazardous waste facilities.

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.

4 This Act may be cited as the ‘‘Hazardous Waste Fa5 cilities Financial Responsibility Act of 1996’’.

6 SEC. 2. REVISED POST-CLOSURE STANDARDS.

7 Section 3004(t) of the Solid Waste Disposal Act (42

8 U.S.C. 6924(t)) is amended by adding the following new

9 paragraph after paragraph (4):
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1 ‘‘(5) Not later than 24 months after the enactment

2 of the Hazardous Waste Facilities Public Accountability

3 Act of 1996, the Administrator shall revise the standards

4 for financial responsibility and post-closure care promul5 gated pursuant to subsection (a) of this section to provide

6 for each of the following:

7 ‘‘(A) A post-closure care period of not less than

8 30 years for facilities where wastes or residuals re9 main on site. After 30 years, the owner or operator

10 of the facility may submit a petition to the Adminis11 trator for termination of the post-closure care pe12 riod. If such petition is denied, the owner or opera13 tor may resubmit a petition for termination at 15-

14 year intervals thereafter until the petition is grant15 ed. The Administrator shall grant the petition if the

16 owner or operator of the facility demonstrates to the

17 satisfaction of the Administrator, and the Adminis18 trator determines, after notice and public hearing,

19 that post-closure care is no longer necessary to pro20 tect human health and the environment.

21 ‘‘(B) Financial responsibility for credible acci22 dents and known corrective action from the issuance

23 of an operating or post-closure permit through clo24 sure and the entire post-closure care period, includ-
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1 ing provisions for revision, where necessary, based

2 on changed circumstances.

3 ‘‘(C) Liability assurances through the entire

4 post-closure care period.

5 ‘‘(D) Financial responsibility for post-closure

6 care through the entire post-closure care period (if

7 any) and revisions of post-closure care cost esti8 mates, after closure, resulting from a change to the

9 facility or to the post-closure permit that increases

10 the cost of performing post-closure care.

11 ‘‘(E) For any facility that is closed after the

12 date of enactment of this paragraph, financial re13 sponsibility standards under this paragraph may not

14 be satisfied by means of either of the following:

15 ‘‘(i) Financial tests pursuant to which

16 owner or operator demonstrates any of the fol17 lowing:

18 ‘‘(I) A ratio of total liabilities to net

19 worth; a ratio of the sum of net income

20 plus depreciation, depletion, and amortiza21 tion to total liabilities greater; or a ratio of

22 current assets to current liabilities.

23 ‘‘(II) Net working capital and tangible

24 net worth greater than the sum of the cur25 rent closure and post-closure cost esti-
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1 mates and the current plugging and aban2 donment cost estimates.

3 ‘‘(III) Tangible net worth of a speci4 fied amount or of an amount greater than

5 the sum of the current closure and post6 closure cost estimates and the current

7 plugging and abandonment cost estimates.

8 ‘‘(IV) Assets located in the United

9 States in an amount greater than (a) total

10 assets or (b) the sum of the current clo11 sure and post-closure cost estimates and

12 the current plugging and abandonment

13 cost estimates.

14 ‘‘(V) A current rating for the most re15 cent bond issuance.

16 ‘‘(ii) A corporate guarantee for closure is17 sued by the parent corporation of the owner or

18 operator.’’.

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