I

103D CONGRESS

1ST SESSION H. R. 2137

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to provide relief to local taxpayers, municipalities,

and small businesses regarding the cleanup of hazardous substances,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 1993

Mr. TORRICELLI (for himself and Mr. DREIER) introduced the following bill;

which was referred jointly to the Committees on Energy and Commerce

and Public Works and Transportation

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide relief

to local taxpayers, municipalities, and small businesses

regarding the cleanup of hazardous substances, 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.

4 This Act may be cited as the ‘‘Toxic Cleanup Equity

5 Act of 1993’’.
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1 SEC. 2. FINDINGS.

2 Consistent with the policies under the Comprehensive

3 Environmental Response, Compensation, and Liability Act

4 of 1980 (CERCLA) (42 U.S.C. 9601 et seq.), the Con5 gress finds that—

6 (1) the polluter should pay for cleanup, and

7 cleanups must fully protect human health and the

8 environment;

9 (2) municipalities have traditionally performed

10 the public service of helping their citizens dispose of

11 ordinary garbage and sewage, and have at times

12 been required to perform this function under State

13 law;

14 (3) municipalities did not operate their waste

15 disposal services for the purpose of receiving a

16 profit;

17 (4) many municipal landfills used to dispose of

18 garbage and sewage sludge also have been used to

19 dispose of industrial hazardous waste, which has

20 contaminated the sites and created the need for

21 Superfund cleanups;

22 (5) the vast majority of the hazardous sub23 stances that are causing threats to human health

24 and the environment at Superfund sites were pro25 duced by non-municipal operations;
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1 (6) third-party contribution suits based on the

2 generation or transportation of municipal solid waste

3 and sewage sludge distort the intent of CERCLA

4 and drain the precious resources of municipalities,

5 small businesses, and nonprofit associations;

6 (7) many of the Nation’s local governments are

7 facing a financial crisis, and their ability to provide

8 essential public services is being threatened;

9 (8) municipalities are facing expensive man10 dates imposed by the Federal and State govern11 ments, including some related to environmental pro12 tection; and

13 (9) municipalities that own Superfund sites

14 bear a double burden: their citizens live near the

15 sites and these local governments may be forced to

16 cut back on important public health and safety serv17 ices to help pay for the cleanup.

18 SEC. 3. MUNICIPALITIES, MUNICIPAL SOLID WASTE, AND

19 SEWAGE SLUDGE.

20 (a) Section 101 of the Comprehensive Environmental

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

22 U.S.C. 9601) is amended by adding the following new

23 paragraphs at the end thereof:

24 ‘‘(39) The term ‘municipal solid waste’ means

25 all waste materials generated by households, includ-
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1 ing single and multiple residences, and hotels and

2 motels. The term also includes waste materials gen3 erated by commercial, institutional, and industrial

4 sources (A) when such waste materials are essen5 tially the same as waste normally generated by

6 households, or (B) when such waste materials were

7 collected and disposed of with other municipal solid

8 waste or sewage sludge and, regardless of when gen9 erated, would be considered conditionally exempt

10 small quantity generator waste under section

11 3001(d) of the Solid Waste Disposal Act (42 U.S.C.

12 6921(d)). Examples of municipal solid waste include

13 food and yard waste, paper, clothing, appliances,

14 consumer product packaging, disposable diapers, of15 fice supplies, cosmetics, glass and metal food con16 tainers, school science laboratory waste, and house17 hold hazardous waste (such as painting, cleaning,

18 gardening, and automotive supplies). For the pur19 poses of this Act, the term ‘municipal solid waste’

20 does not include combustion ash generated by re21 source recovery facilities or municipal incinerators,

22 or waste from manufacturing or processing (includ23 ing pollution control) operations not essentially the

24 same as waste normally generated by households.
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1 ‘‘(40) The term ‘sewage sludge’ refers to any

2 solid, semisolid, or liquid residue removed during the

3 treatment of municipal waste water, domestic sew4 age, or other waste waters at or by a publicly-owned

5 treatment works.

6 ‘‘(41) The term ‘municipality’ means any politi7 cal subdivision of a State and may include cities,

8 counties, villages, towns, townships, boroughs, par9 ishes, schools, school districts, sanitation districts,

10 water districts, and other local governmental enti11 ties. The term also includes any natural person act12 ing in his or her official capacity as an official, em13 ployee, or agent of a municipality.’’.

14 (b) Section 113 of the Comprehensive Environmental

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

16 U.S.C. 9613) is amended by adding the following new sub17 sections at the end thereof:

18 ‘‘(m) CONTRIBUTION ACTIONS FOR GENERATORS

19 AND TRANSPORTERS OF MUNICIPAL SOLID WASTE AND

20 SEWAGE SLUDGE.—No municipality or other person shall

21 be liable to any person other than the President for claims

22 of contribution under this section or for other response

23 costs, penalties, or damages under this Act for the genera24 tion, transportation, or arrangement for the transpor-
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1 tation, treatment, or disposal of municipal solid waste or

2 sewage sludge.

3 ‘‘(n) CONTRIBUTION ACTIONS FOR MUNICIPAL OWN4 ERS AND OPERATORS.—No eligible municipality as de5 fined in section 122(p) shall be liable to any person other

6 than the President for claims of contribution under this

7 section or for other response costs, penalties, or damages

8 under this Act for the ownership or operation of a facility

9 to the extent that the municipality is an eligible municipal10 ity under section 122(p)(1).

11 ‘‘(o) PUBLIC RIGHT-OF-WAY.—In no event shall a

12 municipality incur liability under this Act for the acts of

13 owning or maintaining a public right-of-way over which

14 hazardous substances are transported, or of granting a

15 business license to a private party for the transportation,

16 treatment, or disposal of municipal solid waste or sewage

17 sludge. For the purposes of this subsection, ‘public right18 of-way’ includes, but is not limited to, roads, streets, flood

19 control channels, or other public transportation routes,

20 and pipelines used as a conduit for sewage or other liquid

21 or semiliquid discharges.’’.

22 (c) Section 122 of the Comprehensive Environmental

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

24 U.S.C. 9622) is amended by adding the following new sub25 sections at the end thereof:
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1 ‘‘(n) SETTLEMENT PROCEDURES FOR GENERATORS

2 AND TRANSPORTERS OF MUNICIPAL SOLID WASTE OR

3 SEWAGE SLUDGE.—

4 ‘‘(1) ELIGIBLE PERSONS.—The term ‘eligible

5 person’ under this subsection means any person

6 against whom an administrative or judicial action is

7 brought, or to whom notice is given of potential li8 ability under this Act, for the generation, transpor9 tation, or arrangement for the transportation, treat10 ment, or disposal of municipal solid waste or sewage

11 sludge. An eligible person who may be liable under

12 paragraph (1) or (2) of section 107(a) or for sub13 stances other than municipal solid waste or sewage

14 sludge is covered by this subsection to the extent

15 that the person is liable for the generation, transpor16 tation, or arrangement for the transportation, treat17 ment, or disposal of municipal solid waste or sewage

18 sludge.

19 ‘‘(2) NEGOTIATION OF SETTLEMENTS; MORATO20 RIUM.—Eligible persons under this subsection may

21 offer to settle their potential liability with the Presi22 dent by stating in writing their ability and willing23 ness to settle their potential liability in accordance

24 with this subsection. Upon receipt of such good faith

25 offer to settle, no further administrative or judicial
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1 action shall be taken against the eligible person, un2 less the President determines that the eligible per3 son’s offer or position during negotiations is not in

4 good faith or otherwise not in accordance with this

5 subsection or that the matters addressed include li6 ability not related to the generation, transportation,

7 or arrangement for the transportation, treatment, or

8 disposal of municipal solid waste or sewage sludge.

9 Nothing in this subsection shall limit or modify the

10 President’s authority under section 104(e).

11 ‘‘(3) TIMING.—Eligible persons may tender of12 fers under this subsection within 180 days after re13 ceiving a notice of potential liability or becoming

14 subject to administrative or judicial action, or within

15 180 days after a record of decision is issued for the

16 portion of the response action that is the subject of

17 the person’s settlement offer, whichever is later. If

18 the President notifies an eligible person that he or

19 she may be a potentially responsible party, no fur20 ther administrative or judicial action may be taken

21 by any party for 120 days against such person.

22 ‘‘(4) EXPEDITED FINAL SETTLEMENT.—The

23 President shall make a good faith effort to reach

24 final settlements as promptly as possible under this

25 subsection, and such settlements shall—
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1 ‘‘(A) allocate to all generation, transpor2 tation, or arrangement for the transportation,

3 treatment, or disposal of municipal solid waste

4 or sewage sludge a combined total of no more

5 than four percent (4%) of the total response

6 costs for the facility: Provided, however, That

7 the President shall reduce this percentage when

8 the volume of municipal solid waste and sewage

9 sludge present at the facility is not significant;

10 ‘‘(B) require an eligible person under this

11 subsection to pay only for his or her equitable

12 share of the maximum four percent (4%) por13 tion of response costs described in subpara14 graph (A);

15 ‘‘(C) reduce an eligible person’s payments

16 based on such person’s inability to pay,

17 litigative risks, public interest considerations,

18 precedential value, and equitable factors;

19 ‘‘(D) permit an eligible person to provide

20 appropriate in-kind services with regard to the

21 response action in lieu of cash contributions

22 and to be credited at market rates for such

23 services;

24 ‘‘(E) reduce a publicly owned treatment

25 works’ payments if it has promoted the bene-
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1 ficial reuse of sewage sludge through land appli2 cation when the basis of liability arises from

3 sewage sludge generated 36 months after the

4 date of enactment of this subsection or there5 after; and

6 ‘‘(F) be reached even in the event that an

7 eligible person may be liable under paragraph

8 (1) or (2) of section 107(a) or for substances

9 other than municipal solid waste or sewage

10 sludge.

11 ‘‘(5) COVENANT NOT TO SUE.—The President

12 may provide a covenant not to sue with respect to

13 the facility concerned to any person who has entered

14 into a settlement under this subsection unless such

15 a covenant would be inconsistent with the public in16 terest as determined under subsection (f).

17 ‘‘(6) EFFECT OF AGREEMENT.—A person that

18 has resolved his or her liability to the United States

19 under this subsection shall not be liable for claims

20 of contribution or for other response costs, penalties,

21 or damages under this Act regarding matters ad22 dressed in the settlement. Such settlement does not

23 discharge any of the other potentially responsible

24 parties unless the terms of the settlement so provide,
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1 but the settlement reduces the potential liability of

2 the other parties by the amount of the settlement.

3 ‘‘(7) DE MINIMIS SETTLEMENTS.—Nothing in

4 this subsection shall alter or diminish a person’s

5 ability to reach a settlement with the President

6 under subsection (g).

7 ‘‘(8) JUDICIAL REVIEW.—Any judicial review of

8 a settlement reached with the President under this

9 subsection shall be limited to the administrative

10 record. Otherwise applicable principles of adminis11 trative law shall govern whether any supplemental

12 materials may be considered by the court. In consid13 ering objections raised to such a settlement, the

14 court shall uphold the President’s decision to enter

15 into the settlement unless the objecting party can

16 demonstrate, on the administrative record, that the

17 decision was arbitrary, capricious, or otherwise not

18 in accordance with law.

19 ‘‘(o) FUTURE DISPOSAL PRACTICES.—This sub20 section applies only to the generation, transportation, or

21 arrangement for the transportation, treatment, or disposal

22 of municipal solid waste or sewage sludge occurring 36

23 months after the date of enactment of this subsection or

24 thereafter. Beginning at such time and with regard to

25 such future municipal solid waste or sewage sludge, eligi-
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1 ble persons who are municipalities or operators of publicly

2 owned treatment works may assert the provisions of sub3 section (n) only under the following circumstances:

4 ‘‘(1) If liability arises from municipal solid

5 waste collected and disposed of 36 months or later

6 after the date of enactment of this subsection and

7 the eligible person is a municipality, a qualified

8 household hazardous waste collection program must

9 have been operating while such municipal solid waste

10 was collected and disposed.

11 ‘‘(2) If liability arises from sewage sludge gen12 erated 36 months or later after the date of enact13 ment of this subsection and the eligible person is an

14 owner or operator of a publicly owned treatment

15 works, a qualified publicly owned treatment works

16 must have been operating while such sewage sludge

17 was generated at such treatment works.

18 ‘‘(3) The term ‘qualified household hazardous

19 waste collection program’ means a program that in20 cludes—

21 ‘‘(A) at least semiannual, well-publicized

22 collections at conveniently located collection

23 points with an intended goal of participation by

24 ten percent of community households;
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1 ‘‘(B) a public education program that iden2 tifies potentially hazardous household products,

3 safer substitutes (source reduction), and proper

4 use and disposal of consumer products;

5 ‘‘(C) efforts to collect hazardous waste

6 from conditionally exempt small quantity gen7 erators under section 3001(d) of the Solid

8 Waste Disposal Act (42 U.S.C. 6921(d)), with

9 an intended goal of collecting wastes from twen10 ty percent of such generators doing business

11 within the jurisdiction of the municipality; and

12 ‘‘(D) a comprehensive plan, which may in13 clude regional compacts or joint ventures, that

14 outlines how the program will be accomplished.

15 ‘‘(4) To satisfy the criterion of having a quali16 fied household hazardous waste collection program

17 in operation, a municipality may operate its own

18 program or may certify that other persons are, joint19 ly or individually, operating each of the elements of

20 a qualified program which serves the municipality’s

21 jurisdiction, and such other persons may include,

22 but are not limited to, private contractors and busi23 nesses, other municipalities, and States.

24 ‘‘(5) A person that operates a ‘qualified house25 hold hazardous waste collection program’ and col-
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1 lects hazardous waste from conditionally exempt

2 small quantity generators under section 3001(d) of

3 the Solid Waste Disposal Act (42 U.S.C. 6921(d))

4 must transport or arrange to transport such waste

5 in accordance with the Solid Waste Disposal Act (42

6 U.S.C. 6901 et seq.) and must dispose of such waste

7 at a hazardous waste treatment, storage, or disposal

8 facility with a permit under section 3005 of the

9 Solid Waste Disposal Act (42 U.S.C. 6925), but

10 such person is otherwise deemed to be handling only

11 household waste under the Solid Waste Disposal Act

12 when the person operates a qualified household haz13 ardous waste collection program.

14 ‘‘(6) Nothing in this Act is intended to prohibit

15 a person from assessing fees to persons whose waste

16 is accepted during household hazardous waste collec17 tions, or shall prohibit a person from refusing to ac18 cept waste that the person believes is being disposed

19 of in violation of the Solid Waste Disposal Act (42

20 U.S.C. 6901 et seq.).

21 ‘‘(7) The term ‘qualified publicly owned treat22 ment works’ means a publicly owned treatment

23 works that complies with section 405 of the Federal

24 Water Pollution Control Act (33 U.S.C. 1345).
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1 ‘‘(8) The President may determine that a

2 household hazardous waste collection program or a

3 publicly owned treatment works is not qualified

4 under this subsection. Minor instances of noncompli5 ance do not render a household hazardous waste col6 lection program or publicly owned treatment works

7 unqualified under this subsection.

8 ‘‘(9) If the President determines that a house9 hold hazardous waste collection program is not

10 qualified, the provisions of subsection (n) shall not

11 apply, but only with regard to the municipal solid

12 waste disposed of during the period of disqualifica13 tion.

14 ‘‘(10) If a municipality or operator of a publicly

15 owned treatment works is notified by the President

16 or by a State with a program approved under sec17 tion 402(b) of the Federal Water Pollution Control

18 Act (33 U.S.C. 1342(b)) that the publicly owned

19 treatment works of the municipality or operator is

20 not in compliance with the requirements of para21 graph (7), and if such noncompliance is not rem22 edied within twelve months, the provisions of sub23 section (n) shall not apply, but only with regard to

24 the sewage sludge generated or disposed of during

25 the period of noncompliance.
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1 ‘‘(p) SETTLEMENT PROCEDURES FOR MUNICIPAL

2 OWNERS AND OPERATORS.—

3 ‘‘(1) ELIGIBLE MUNICIPALITIES.—The term ‘el4 igible municipality’ under this subsection means any

5 municipality against which an administrative or judi6 cial action is brought, or to which notice is given of

7 potential liability, under paragraph (1) or (2) of sec8 tion 107(a) with respect to a facility that does not

9 contain, by overall volume, predominantly wastes

10 produced by municipal operations that are wastes

11 other than municipal solid waste or sewage sludge,

12 and which meets all of the following conditions:

13 ‘‘(A) Before the date of enactment of this

14 subsection, the municipality owned or operated

15 the facility or an identifiable unit at such

16 facility.

17 ‘‘(B) Such facility or identifiable unit at

18 such facility was or is subject to a response

19 action.

20 ‘‘(C) Such facility or identifiable unit at

21 such facility, with respect to which the munici22 pality seeks to resolve its liability under this

23 subsection, does not receive any waste after the

24 date of enactment of this subsection.
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1 A municipality that may be liable under paragraph

2 (3) or (4) of section 107(a) is covered by this sub3 section to the extent that the municipality is eligible

4 under this paragraph.

5 ‘‘(2) NEGOTIATION OF SETTLEMENTS; MORATO6 RIUM.—Eligible municipalities under this subsection

7 may offer to settle their potential liability with the

8 President by stating in writing their ability and will9 ingness to settle their potential liability in accord10 ance with this subsection. Upon receipt of such good

11 faith offer to settle, no further administrative or ju12 dicial action shall be taken against the eligible mu13 nicipality, unless the President determines that the

14 eligible municipality’s offer or position during nego15 tiations is not in good faith or otherwise not in ac16 cordance with this subsection. Nothing in this sub17 section shall limit or modify the President’s author18 ity under section 104(e).

19 ‘‘(3) TIMING.—Eligible municipalities may ten20 der offers under this subsection within 180 days

21 after receiving a notice of potential liability or be22 coming subject to administrative or judicial action,

23 or within 180 days after a record of decision is is24 sued for the portion of the response action that is

25 the subject of the municipality’s settlement offer,
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1 whichever is later. If the President notifies an eligi2 ble municipality that it may be a potentially respon3 sible party, no further administrative or judicial ac4 tion may be taken by any party for 120 days against

5 such municipality.

6 ‘‘(4) EXPEDITED FINAL SETTLEMENT.—The

7 President shall make a good faith effort to reach

8 final settlements as promptly as possible under this

9 subsection, and such settlements shall conform to

10 the following criteria:

11 ‘‘(A) Such settlements shall take into ac12 count the public interest factors normally con13 sidered by the President in formulating settle14 ments under this Act.

15 ‘‘(B) The amount demanded in settlement

16 shall not exceed the municipality’s ability to

17 pay. The municipality’s ‘ability to pay’ shall be

18 determined by the President through a consid19 eration of factors, including but not limited to

20 the following: (i) the ratio of debt service to op21 erating revenues, other than obligated or en22 cumbered revenues, (ii) the ratio of total funds,

23 other than dedicated funds, to total expenses,

24 (iii) the ratio of total revenues, other than obli25 gated or encumbered revenues, to total ex-
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1 penses, (iv) the ratio of debt service to popu2 lation, (v) the ratio of operating revenues, other

3 than obligated or encumbered revenues, to pop4 ulation, (vi) the ratio of total expenses to popu5 lation, (vii) the ratio of total funds, other than

6 dedicated funds, to total revenues, (viii) the

7 ratio of total funds, other than dedicated funds,

8 to population, (ix) the impact of the settlement

9 on essential services the municipality must pro10 vide, and (x) the feasibility of making delayed

11 payments and payments over time.

12 ‘‘(C) A municipality shall not be deemed to

13 possess the ability to pay to the extent that

14 such payment would create a significant, de15 monstrable risk that the municipality will de16 fault on existing debt obligations, be forced into

17 bankruptcy, be forced to dissolve, or be forced

18 to make budgetary cutbacks that unduly impede

19 the protection of public health and safety by the

20 municipality. Municipal activities that protect

21 ‘public health and safety’ include all operations

22 that can protect the environment, human and

23 animal health, and public safety, including but

24 not limited to environmental protection and res25 toration, police and fire protection, hospitals
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1 and medical services, human services, and

2 water, sewage, and solid waste services. Such

3 municipal activities do not include operations

4 that are primarily intended to provide rec5 reational activities or aesthetic civic improve6 ments.

7 ‘‘(D) A municipality shall not be deemed to

8 possess the ability to pay to the extent that the

9 President determines that raising the funds for

10 such payment would violate legal requirements

11 or limitations of general applicability concerning

12 the assumption and maintenance of municipal

13 fiscal obligations: Provided, That for the pur14 poses of this subparagraph, a legal requirement

15 or limitation of general applicability means a

16 legislative enactment that governs a municipal17 ity’s financial affairs generally and that is not

18 limited to the payment of claims for costs or

19 damages under this Act.

20 ‘‘(E) If a municipality asserts that it has

21 obligations under any applicable environmental

22 law besides the municipality’s potential liability

23 under this Act, such municipality may create a

24 list of the obligations and estimate the costs of

25 complying with each obligation, and, if re-
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1 quested by the municipality, the President shall

2 provide assistance with these tasks and shall

3 consider the total cost of these obligations in

4 determining whether the municipality has an

5 ability to pay.

6 ‘‘(F) Once the appropriate settlement

7 amount has been determined, the President

8 shall permit an eligible municipality to provide

9 appropriate in-kind services with regard to the

10 response action in lieu of cash contributions

11 and to be credited at market rates for such

12 services.

13 ‘‘(G) Notwithstanding the entry of consent

14 decrees by the President with other potentially

15 responsible parties, the provisions of this para16 graph shall apply to the remaining allocation of

17 response costs, penalties, and damages to eligi18 ble municipalities.

19 ‘‘(5) EFFECT OF AGREEMENT.—An eligible mu20 nicipality that has resolved its liability to the United

21 States under this subsection shall not be liable for

22 claims of contribution or for other response costs,

23 penalties, or damages under this Act regarding mat24 ters addressed in the settlement. Such settlement

25 does not discharge any of the other potentially re-
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1 sponsible parties unless the terms of the settlement

2 so provide, but the settlement reduces the potential

3 liability of the other parties by the amount of the

4 settlement.

5 ‘‘(6) CONSOLIDATED SETTLEMENTS.—If a mu6 nicipality is an eligible municipality under this sub7 section and an eligible person under subsection (n)

8 with regard to the same facility, the President

9 should attempt to reach a single, expeditious settle10 ment with the municipality covering all liability that

11 may be addressed by settlements under subsection

12 (n) or (p).

13 ‘‘(7) ONGOING WASTE DISPOSAL; BURDEN OF

14 PROOF.—If an eligible municipality receives waste

15 after the date of enactment of this subsection at

16 units adjacent to those units of the facility for which

17 the municipality is eligible under paragraph (1), and

18 if releases or threatened releases into the environ19 ment on or beneath the open units are threatened or

20 occur, then the municipality shall bear the burden of

21 proving that such releases are caused by the closed

22 units in any judicial or administrative proceeding in

23 which the municipality’s liability is at issue under

24 environmental law.
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1 ‘‘(8) JUDICIAL REVIEW.—Any judicial review of

2 a settlement reached with the President under this

3 subsection shall be limited to the administrative

4 record. Otherwise applicable principles of adminis5 trative law shall govern whether any supplemental

6 materials may be considered by the court. In consid7 ering objections raised to such a settlement, the

8 court shall uphold the President’s decision to enter

9 into the settlement unless the objecting party can

10 demonstrate, on the administrative record, that the

11 decision was arbitrary, capricious, or otherwise not

12 in accordance with law.’’.

13 (d) Section 122(g)(1)(A)(i) of the Comprehensive En14 vironmental Response, Compensation, and Liability Act of

15 1980 (42 U.S.C. 9622(g)(1)(A)(i)) is amended by adding

16 the following new sentence at the end thereof: ‘‘The

17 amount of hazardous substances in municipal solid waste

18 and sewage sludge shall refer to the quantity of hazardous

19 substances which are constituents within municipal solid

20 waste and sewage sludge, not the overall volume of munici21 pal solid waste and sewage sludge present at the facility.’’.

22 (e) Nothing in this section or the amendments made

23 by this section shall modify the meaning or interpretation

24 of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
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1 (f) Nothing in this section or the amendments made

2 by this section shall modify a State’s ability under the

3 Comprehensive Environmental Response, Compensation,

4 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to

5 carry out actions authorized in such Act and to enter into

6 a contract or cooperative agreement with the President to

7 carry out such actions.

8 (g) The settlement procedures and bar on judicial

9 and administrative proceedings addressed in this section

10 and the amendments made by this section shall apply even

11 if any constituent component of municipal solid waste or

12 sewage sludge may be considered a hazardous substance

13 under the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

15 seq.) when the constituent component exists apart from

16 municipal solid waste or sewage sludge.

17 (h) This section and the amendments made by this

18 section shall apply to each municipality and other person

19 against whom administrative or judicial action has been

20 commenced before the date of enactment of this Act, un21 less a final court judgment has been rendered against such

22 municipality or other person or final court approval of a

23 settlement agreement including such municipality or other

24 person as a party has been granted. If a final court judg25 ment has been rendered or court-approved settlement
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1 agreement has been reached that does not resolve all con2 tested issues, this section and the amendments made by

3 this section shall apply to all contested issues not expressly

4 resolved by such court judgment or settlement agreement.

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