I
103D CONGRESS
2D SESSION
H. R. 4915
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to add States to the governmental entities eligible
for reimbursement for emergency removal actions and to clarify authority
to take such actions at illicit drug laboratories.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1994
Mr. STUPAK (for himself, Mr. BARCIA of Michigan, Mr. CONDIT, and Mr.
HORN) introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce and Public Works and Transpor-
tation
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to add States to
the governmental entities eligible for reimbursement for
emergency removal actions and to clarify authority to
take such actions at illicit drug laboratories.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ADDITION OF STATES TO GOVERNMENTAL EN-
TITIES ELIGIBLE FOR REIMBURSEMENT FOR
EMERGENCY REMOVAL ACTIONS; CLARIFICA-
TION OF AUTHORITY TO TAKE EMERGENCY
RESPONSE ACTION AT ILLICIT DRUG LAB-
ORATORIES.
(a) AMENDMENT OF SECTION 123.—Section 123 of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9623) is
amended to read as follows:
‘‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOV-
ERNMENTS.
‘‘(a) APPLICATION.—Any State or general purpose
unit of local government for a political subdivision of a
State that is affected by a release or threatened release
at any facility may apply to the President for reimburse-
ment under this section.
‘‘(b) REIMBURSEMENT.—
‘‘(1) EMERGENCY
RESPONSE
ACTIONS.—The
President is authorized to reimburse States and local
community authorities for expenses incurred (before
or after the enactment of the Superfund Reform Act
of 1994) in carrying out emergency response actions
necessary to prevent or mitigate injury to human
health or the environment associated with the re-
lease or threatened release of any hazardous sub-
stance or pollutant or contaminant. Such actions
may include, where appropriate, security fencing to
limit access, cleanup of illicit drug laboratories, re-
sponse to fires and explosions, and other measures
that require immediate response at the State or local
level.
‘‘(2) STATE
OR
LOCAL
FUNDS
NOT
SUP-
PLANTED.—Reimbursement under this section shall
not supplant State or local funds normally provided
for response.
‘‘(c) AMOUNT.—(1) The amount of any reimburse-
ment to a local authority under subsection (b)(1) may not
exceed $25,000 for a single response. The reimbursement
under this section with respect to a single facility shall
be limited to the units of local government having jurisdic-
tion over the political subdivision in which the facility is
located.
‘‘(2) The amount of any reimbursement to a State
under subsection (b)(1) may not exceed $50,000 for a sin-
gle response. The reimbursement under this section with
respect to a single facility shall be limited to the State
in which the facility is located.
‘‘(3) The amounts allowed for State and local govern-
ments under subsection (b)(1) may not be combined for
any single response action.