after the enactment of this subsection. The President shall
develop and implement such procedures as may be nec-
essary to provide reimbursement to such persons in an ex-
peditious manner. No reimbursement shall be made under
this subsection unless the President determines that such
costs are consistent with the National Contingency Plan.’’.
SEC. 203. ADDITIONAL LIABILITY EXEMPTIONS AND LIMI-
TATIONS.
(a) IN GENERAL.—Section 107 is amended by adding
the following at the end thereof:
‘‘(n) EXEMPTIONS
AND LIMITATIONS
OF LIABIL-
ITY.—
‘‘(1) DE MINIMIS
CONTRIBUTOR
EXEMPTION
FROM RETROACTIVE LIABILITY.—In the case of a fa-
cility or vessel not owned by the United States listed
on the National Priorities List, no person described
in paragraph (3) or (4) of subsection (a) (other than
the United States or a department, agency or instru-
mentality of the United States) shall be liable under
subsection (a) for any costs under this section if no
activity of such person described in such paragraph
(3) or (4)—
‘‘(A) occurred after January 1, 1987, and
‘‘(B) resulted in the disposal or treatment
of more than 1 percent of the volume of mate-
rials containing hazardous substances at such
facility or vessel.
‘‘(2) MUNICIPAL LANDFILLS.—
‘‘(A) EXEMPTION FROM LIABILITY.—Sub-
ject to subparagraph (B), no person (other than
the United States or a department, agency or
instrumentality of the United States) shall be
liable for costs or damages referred to in sub-
section (a) with respect to a release or threat-
ened release of a hazardous substance from a
facility that—
‘‘(i) on June 15, 1995, was listed on
the National Priorities List; and
‘‘(ii) on or before June 15, 1995, was
authorized by the appropriate State or
local government authority to accept, and
did accept for disposal household waste
(from single and multiple dwellings, hotels,
motels, and other residential sources).
‘‘(B) LIMITATION.—The exemption pro-
vided by subparagraph (A) shall not apply with
respect to a release or threatened release of a
hazardous substance from—
‘‘(i) a facility owned or operated by a
department, agency, or instrumentality of
the United States (including the executive,
legislative, and judicial branches of govern-
ment); or
‘‘(ii) a facility that is subject to regu-
lation under subtitle C of the Solid Waste
Disposal Act (42 U.S.C. 6921–6939e).
‘‘(3) MUNICIPAL
SOLID
WASTE
AND
SEWAGE
SLUDGE.—No person (other than the United States
or a department, agency or instrumentality of the
United States) shall be liable under this section for
costs or damages at any facility not owned by the
United States listed on the National Priorities List
to the extent liability at such facility is based solely
on paragraph (3) or (4) of this subsection if such
person—
‘‘(A) arranged for disposal, treatment, or
transport for disposal or treatment, or accepted
for transport for disposal or treatment of only
municipal solid waste or sewage sludge owned
or possessed by such person, and
‘‘(B) is (i) the owner, operator, or lessee of
residential property, (ii) a small business; or
(iii) a small non-profit organization.
This paragraph shall have no effect on the liability
of any other person.
‘‘(4) DE
MICROMIS
EXEMPTION.—No person
(other than the United States or a department,
agency or instrumentality of the United States) shall
be liable under this section for costs or damages at
any facility not owned by the United States listed on
the National Priorities List to the extent liability at
such facility is based solely on paragraph (3) or (4)
of subsection (a), and the person can demonstrate
that it arranged for disposal or treatment, or trans-
port for disposal or treatment or accepted for trans-
port for disposal or treatment, 110 gallons or less of
liquid materials containing hazardous substances or
pollutants or contaminants or less, 200 pounds or
less of solid materials containing hazardous sub-
stances or pollutants or contaminants, or such great-
er or lesser amount as the Administrator may deter-
mine by regulation. The exemption provided by this
paragraph shall not apply where—
‘‘(A) such material has contributed or
could contribute significantly to the costs of re-
sponse at the facility, or
‘‘(B) the person has failed to respond fully
and completely to information requests or ad-
ministrative subpoenas by the United States or
by the allocator in an allocation proceeding
under this Act.
‘‘(5) FACILITIES
ACQUIRED
BY
INHERITANCE
OR BEQUEST.—No person shall be liable under this
section for costs or damages at any facility listed on
the National Priorities List to the extent liability at
such facility is based solely on the person’s status as
an owner under paragraph (1) of subsection (a) for
a release or threat of release from the facility, and
the person acquired the facility by inheritance or be-
quest if the person—
‘‘(A) acquired the real property on which
the facility concerned is located after disposal
or placement of the hazardous substance took
place;
‘‘(B) did not cause or contribute to the re-
lease or threat of release; and
‘‘(C) exercised due care with respect to the
hazardous substance concerned, including pre-
cautions against foreseeable acts of third par-
ties, taking into consideration the characteris-
tics of such hazardous substance, in light of all
relevant facts and circumstances.
‘‘(6) FEDERAL OR STATE GOVERNMENTAL EN-
TITIES.—No Federal or State governmental entity
or municipality shall be liable under this section for
costs or damages at any facility listed on the Na-
tional Priorities List to the extent the liability at
such facility is based solely on its—
‘‘(A) ownership of a road, street, or other
right of way or public transportation route
(other than railroad rights of way and railroad
property) over which hazardous substances are
transported; or
‘‘(B) granting of a license or permit to
conduct business.
‘‘(7) 10 PERCENT LIMITATION FOR MSW AND
SEWAGE SLUDGE.—No person (other than the Unit-
ed States or a department, agency or instrumental-
ity of the United States) shall be liable for more
than 10 percent of total response costs at a facility
listed on the National Priorities List, in the aggre-
gate, to the extent the person is liable solely under
paragraph (3) or (4) of subsection (a), and the ar-
rangement for disposal, treatment, or transport for
disposal or treatment, or the acceptance for trans-
port for disposal or treatment, involved only munici-
pal solid waste or sewage sludge. In any case in
which more than one person at a facility comes with-
in the coverage of this paragraph, the 10 percent