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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hazardous Waste Fa-
cilities Financial Responsibility Act of 1996’’.
SEC. 2. REVISED POST-CLOSURE STANDARDS.
Section 3004(t) of the Solid Waste Disposal Act (42
U.S.C. 6924(t)) is amended by adding the following new
paragraph after paragraph (4):
‘‘(5) Not later than 24 months after the enactment
of the Hazardous Waste Facilities Public Accountability
Act of 1996, the Administrator shall revise the standards
for financial responsibility and post-closure care promul-
gated pursuant to subsection (a) of this section to provide
for each of the following:
‘‘(A) A post-closure care period of not less than
30 years for facilities where wastes or residuals re-
main on site. After 30 years, the owner or operator
of the facility may submit a petition to the Adminis-
trator for termination of the post-closure care pe-
riod. If such petition is denied, the owner or opera-
tor may resubmit a petition for termination at 15-
year intervals thereafter until the petition is grant-
ed. The Administrator shall grant the petition if the
owner or operator of the facility demonstrates to the
satisfaction of the Administrator, and the Adminis-
trator determines, after notice and public hearing,
that post-closure care is no longer necessary to pro-
tect human health and the environment.
‘‘(B) Financial responsibility for credible acci-
dents and known corrective action from the issuance
of an operating or post-closure permit through clo-
sure and the entire post-closure care period, includ-
ing provisions for revision, where necessary, based
on changed circumstances.
‘‘(C) Liability assurances through the entire
post-closure care period.
‘‘(D) Financial responsibility for post-closure
care through the entire post-closure care period (if
any) and revisions of post-closure care cost esti-
mates, after closure, resulting from a change to the
facility or to the post-closure permit that increases
the cost of performing post-closure care.
‘‘(E) For any facility that is closed after the
date of enactment of this paragraph, financial re-
sponsibility standards under this paragraph may not
be satisfied by means of either of the following:
‘‘(i) Financial tests pursuant to which
owner or operator demonstrates any of the fol-
lowing:
‘‘(I) A ratio of total liabilities to net
worth; a ratio of the sum of net income
plus depreciation, depletion, and amortiza-
tion to total liabilities greater; or a ratio of
current assets to current liabilities.
‘‘(II) Net working capital and tangible
net worth greater than the sum of the cur-
rent closure and post-closure cost esti-
mates and the current plugging and aban-
donment cost estimates.
‘‘(III) Tangible net worth of a speci-
fied amount or of an amount greater than
the sum of the current closure and post-
closure cost estimates and the current
plugging and abandonment cost estimates.
‘‘(IV) Assets located in the United
States in an amount greater than (a) total
assets or (b) the sum of the current clo-
sure and post-closure cost estimates and
the current plugging and abandonment
cost estimates.
‘‘(V) A current rating for the most re-
cent bond issuance.
‘‘(ii) A corporate guarantee for closure is-
sued by the parent corporation of the owner or
operator.’’.
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