I
103D CONGRESS
2D SESSION
H. R. 4382
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (Superfund) to provide for the clean up of munici-
pal waste landfill Superfund sites, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 1994
Mrs. JOHNSON of Connecticut (for herself, Mr. FRANK of Massachusetts, and
Mr. GEJDENSON) 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, Com-
pensation, and Liability Act of 1980 (Superfund) to pro-
vide for the clean up of municipal waste landfill
Superfund sites, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STATE PROGRAMS FOR CLEAN UP OF MUNICI-
PAL WASTE LANDFILL SUPERFUND SITES.
(a) STATE PROGRAMS.—(1) The Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) is amended by adding at
the end of title I the following new section:
‘‘SEC. 127. MUNICIPAL WASTE LANDFILL SITES.
‘‘(a) STATE PROGRAMS.—
‘‘(1) IN
GENERAL.—Each State may develop
and submit to the Administrator of the Environ-
mental Protection Agency a State program under
which the State will remediate, in accordance with
this section, qualified municipal waste landfills.
‘‘(2) SUBMISSION OF PROGRAM.—The Adminis-
trator shall require that State programs under this
section be submitted at such time, in such form, and
in such manner as the Administrator deems appro-
priate. Not later than 180 days after receipt of a
State program, the Administrator shall approve or
disapprove the program. The Administrator shall ap-
prove the program if the Administrator determines
that the program provides for the remediation of
qualified municipal waste landfills in accordance
with the provisions of subsection (b). Upon approval
of such program, the provisions of this title (other
than this section and section 101) shall not apply to
any release or threatened release at any qualified
municipal waste landfill which is covered by such
program. If the program is disapproved, the Admin-
istrator shall inform the State of the reasons for the
disapproval and permit the State to correct and re-
submit the program for approval.
‘‘(b) REMEDIATION.—The President shall promul-
gate, after opportunity for notice and comment, regula-
tions governing response action under this section. Such
regulations shall provide for a presumptive remedy to pro-
tect public health based on streamlined site characteriza-
tion using the Environmental Protection Agency’s Model
Municipal Landfill Remedial Investigation and Feasibility
Study Guidance and for closure of the site consistent with
subtitle D of the Solid Waste Disposal Act. Such presump-
tive remedy shall include each of the following:
‘‘(1) Waste consolidation where feasible if mul-
tiple discrete disposal sites can be more economically
contained in one unit.
‘‘(2) Final cover, including a barrier layer with
a permeability equal to 1 x 105 cm per second or a
flexible membrane liner of at least 30mm thickness,
and properly maintained vegetative cover. Upon
demonstration, existing caps providing comparable
control may be used or upgraded as needed.
‘‘(3) Landfill gas control consistent with sub-
title D of the Solid Waste Disposal Act and where
necessary passive gas controls unless gas volumes
and composition require active collection.
‘‘(4) Surface water controls.
‘‘(5) Control of leachate where feasible and nec-
essary given the landfill’s design and as required by
its contact with ground water.
‘‘(6) Ground water monitoring as required by
subtitle D of the Solid Waste Disposal Act.
‘‘(7) Where ground water has been impacted by
the site, assurance of no migration of contamination
beyond the facility boundary or, if appropriate,
treatment at point of withdrawal.
‘‘(8) Institutional controls to prevent future ex-
posure to waste, including, where appropriate and
consistent with local zoning authority, prohibitions
on the use of private wells on site or on adjacent
properties; creation of buffer zones; use of zoning to
prevent future land uses which would disturb the
site’s final cover. To the maximum extent feasible
and as authorized by the local land control author-
ity, beneficial uses consistent with maintenance of
proper closure should be employed (e.g., use as park-
land, conservation district, active waste management
facility, limited access industrial activity, roadway).
Residential use is not permitted at sites employing
presumptive remedies.
‘‘(9) Site security to prevent access inconsistent
with closure requirements.
‘‘(10) A post-closure care plan that ensures the
maintenance and stability of containment and insti-
tutional control measures for so long as each meas-
ure is necessary to assure the integrity of the rem-
edy.
If the President has reason to believe, based on site-spe-
cific risk factors such as records of disposal of significant
quantities of hazardous waste, that the presumptive rem-
edy will not protect human health and the environment,
he shall require additional protections, including but not
limited to, removal of drums or other discrete, accessible
areas of high concentration waste where practicable.
‘‘(c) REMEDIATION COSTS.—
‘‘(1) REIMBURSEMENT
FROM
SUPERFUND.—
The President shall reimburse each State with an
approved municipal waste landfill remediation pro-
gram for all costs incurred by the State for the re-
mediation, in accordance with subsection (b), of haz-
ardous substances, pollutants and contaminants at
one qualified municipal waste landfill selected by
that State in each year which begins after the enact-
ment of this section. The President shall use funds
in the Hazardous Substance Superfund, up to an
amount not exceeding $2,500,000,000, for purposes
of providing such reimbursement. Reimbursement
shall be provided for costs incurred with respect to
facilities which have a higher public health risk be-
fore reimbursement is provided for costs incurred for
facilities having a lower health risk. No reimburse-
ment shall be provided under this section for any
transaction costs or other related costs.
‘‘(2) EFFECTIVE DATE.—Reimbursement under
paragraph (1) shall be provided for any remediation
costs incurred after the date of approval of a State
program under this section if the remediation is in
accordance with such program.
‘‘(3) TRANSITION PROVISIONS.—(A) If remedi-
ation commenced before approval of a program
under this section and was not completed before
January 1, 1994, the President shall reimburse each
person who incurred costs for such remediation for
such costs if the President determines that the re-
mediation is consistent with, or provides at least
equivalent protection for public health and the envi-
ronment as, the remediation specified in subsection
(b).
‘‘(B) The Administrator may not reimburse any
State or other person for costs incurred for remedi-
ation which was completed before January 1, 1994.
‘‘(d) LIABILITY EXEMPTION.—
‘‘(1) IN GENERAL.—If a State has an approved
remediation program which covers qualified munici-
pal waste landfills, no person who is otherwise liable
under this Act or under any other Federal law with
respect to any release or threatened release of a haz-
ardous substance or pollutant or contaminant from
any qualified such landfill shall be subject to liability
to any other person under this Act or any such other
law for injuries, costs, damages, expenses, or other
liability (including claims for indemnification or con-
tribution and claims by third parties for death, per-
sonal injury, illness or loss of or damage to property
or economic loss) that results from such release or
threatened release.
‘‘(2) EXCEPTIONS.—(A) The exemption under
this subsection shall not apply in the case of any
landfill at which the remediation was completed be-
fore January 1, 1994.
‘‘(B) The exemption under this subsection shall
not apply to any person who violated any Federal,
State, or local law relating to the generation,
transporation, or disposal of any solid waste which
is present at the facility concerned. Any such person
shall be liable, in the same manner as provided in
section 107, to the State for any costs incurred by
the State pursuant to the State program under this
section; and such person shall be liable to the Ad-
ministrator in the same manner for any such costs
for which the Administrator has reimbursed the
State under this section.
‘‘(e) DEFINITION
OF MUNICIPAL WASTE
LAND-
FILLS.—For purposes of this section, the term ‘qualified
municipal waste landfill’ means a landfill listed on the Na-
tional Priorities List as of the date of enactment of this
section which is designated by the Administrator as—
‘‘(1) a site owned by a municipality or county,
or
‘‘(2) a privately-owned site which has a record
of receiving municipal waste.
The Administrator shall publish a list of such sites within
30 days after the enactment of this section.’’.
(2) The table of contents for title I of such Act is
amended by adding at the end the following new item:
‘‘Sec. 127. Municipal waste landfills.’’.
(b) USES OF SUPERFUND.—Section 111(a) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended
by inserting after paragraph (6) the following new para-
graph:
‘‘(7) REIMBURSEMENT OF COSTS FOR REMEDI-
ATION OF MUNICIPAL WASTE LANDFILLS.—Payment
of not to exceed $2,500,000,000 for the costs of re-
mediation of municipal waste landfills in accordance
with section 127.’’.
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