I

104TH CONGRESS

1ST SESSION H. R. 854

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (Superfund) to provide that municipalities and

other persons shall not be liable under that Act for the generation

or transportation of municipal solid waste.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 7, 1995

Mr. SMITH of New Jersey introduced the following bill; which was referred

to the Committee on Commerce and, in addition, to the Committee on

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to provide that municipalities and other persons shall not be

liable under that Act for the generation or transportation

of municipal solid waste.

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 ‘‘Toxic Pollution

5 Responsibility Act of 1995’’.
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1 SEC. 2. LIABILITY FOR CERTAIN SUBSTANCES.

2 (a) GENERATION AND TRANSPORTATION OF MUNICI3 PAL SOLID WASTE—Section 107 of the Comprehensive

4 Environmental Response, Compensation, and Liability Act

5 of 1980 (42 U.S.C. 9607), commonly referred to as

6 ‘‘Superfund’’, is amended by adding at the end the follow7 ing new subsection:

8 ‘‘(n) LIMITATION ON LIABILITY FOR GENERATION

9 OR TRANSPORTATION OF MUNICIPAL SOLID WASTE.—

10 ‘‘(1) IN GENERAL.—No municipality or other

11 person shall be liable for any costs or damages

12 under paragraph (3) or (4) of subsection (a) of this

13 section by reason of such municipality or other per14 son’s generation or transportation of municipal solid

15 waste.

16 ‘‘(2) DEFINITIONS.—As used in this sub17 section—

18 ‘‘(A) the term ‘municipality’ means any po19 litical subdivision of a State, including any city,

20 county, town, township, school district, and

21 other legal government entity; and

22 ‘‘(B) the term ‘municipal solid waste’

23 means solid waste generated by households and

24 includes waste from commercial, institutional,

25 and industrial sources if the amount and tox26 icity of substances contained in the waste do
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1 not exceed that which one would expect to find

2 in waste generated by households.

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

4 promulgate guidelines to be used in determining the

5 waste which qualifies as municipal solid waste under

6 paragraph (2)(B).’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall apply with respect to response actions

9 and suits brought under the Comprehensive Environ10 mental Response, Compensation, and Liability Act of

11 1980 whether such response actions or suits are com12 menced before, on, or after the date of the enactment of

13 this Act; except that such amendment shall not apply to

14 any suit brought under such Act in which final judgment

15 has been entered by a court before the date of the enact16 ment of this Act.

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