I

104TH CONGRESS

1ST SESSION H. R. 795

To impose a moratorium on enforcement of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (Superfund) against

certain persons and on the authority under that Act for contribution

actions.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1995

Mr. CANADY of Florida 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

FEBRUARY 24, 1995

Additional sponsors: Mr. GIBBONS, Mr. NORWOOD, Mr. HUTCHINSON, Mr.

MILLER of Florida, Mr. GALLEGLY, Mr. BALLENGER, Mrs. CHENOWETH,

and Mr. SMITH of Texas

A BILL

To impose a moratorium on enforcement of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) against certain persons and

on the authority under that Act for contribution actions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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HR 795 SC

1 SECTION 1. MORATORIUM ON SUPERFUND ENFORCEMENT

2 ACTIONS AND ON AUTHORITY FOR CON3 TRIBUTION ACTIONS.

4 (a) MORATORIUM ON ENFORCEMENT ACTIONS.—(1)

5 The Administrator of the Environmental Protection Agen6 cy shall not continue or begin to conduct any enforcement

7 action against any person described in paragraph (3) or

8 (4) of section 107(a) of the Comprehensive Environmental

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

10 U.S.C. 9607(a)) if the person did not directly cause the

11 release or threat of release of the hazardous substance

12 concerned and did not have knowledge of the release or

13 threat of release.

14 (2) For purposes of paragraph (1), an enforcement

15 action is any administrative or judicial enforcement action

16 conducted by the Administrator of the Environmental Pro17 tection Agency under section 107(a) or section 106 of the

18 Comprehensive Environmental Response, Compensation,

19 and Liability Act of 1980.

20 (3) This subsection shall take effect on the date of

21 the enactment of this Act.

22 (b) MORATORIUM ON AUTHORITY FOR CONTRIBU23 TION ACTIONS.—(1) The authority provided by para24 graphs (1) and (3)(B) of section 113(f) of the Comprehen25 sive Environmental Response, Compensation, and Liabil26 ity Act of 1980 (42 U.S.C. 9613(f)) for a person to seek
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HR 795 SC

1 contribution from any other person shall not be in effect

2 beginning on the date of the enactment of this Act.

3 (2) Paragraph (1) applies with respect to—

4 (A) any judicial action initiated by a person be5 fore the date of the enactment of this Act and pend6 ing on such date; and

7 (B) any judicial action initiated by a person on

8 or after the date of the enactment of this Act.

9 (c) SUSPENSION OF LIMITATIONS PERIODS.—Any

10 limitation period provided for in section 113(g) of the

11 Comprehensive Environmental Response, Compensation,

12 and Liability Act of 1980 (42 U.S.C. 9613(g)) shall be

13 tolled for the period that a moratorium imposed by sub14 section (a) or (b) is in effect.

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