I
103D CONGRESS
1ST SESSION
H. R. 2718
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 and the Solid Waste Disposal Act to limit the
liability under those Acts of lenders and fiduciaries.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 1993
Mr. COX 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 and the Solid Waste
Disposal Act to limit the liability under those Acts of
lenders and fiduciaries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LIMITATION OF LIABILITY UNDER THE COM-
PREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.
(a) EXCLUSION FROM DEFINITION OF OWNER AND
OPERATOR.—Section 101(20) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601(20)) is amended—
(1) by striking out the last sentence of subpara-
graph (A); and
(2) by adding at the end the following new sub-
paragraphs:
‘‘(E)(i) The term ‘owner or operator’ does
not include a person whose interest in a vessel
or facility arises in connection with a secured fi-
nancing arrangement or who acquires such in-
terest as a result of foreclosing upon a vessel or
facility.
‘‘(ii) This subparagraph does not exempt
from liability any person described in clause (i)
who willfully, knowingly, or recklessly causes or
exacerbates a release or threatened release of a
hazardous substance, and such a person shall
be liable for response costs to the extent that
the release or threatened release is attributable
to the person’s activities.
‘‘(F)(i) The term ‘owner or operator’ does
not include—
‘‘(I) a fiduciary,
‘‘(II) a trustee, pursuant to an inden-
ture agreement or similar financing agree-
ment, for debt securities, certificates of in-
terest, or participation in any such debt se-
curities, or
‘‘(III) any successor to a fiduciary or
trustee described in subclause (II),
which acquires an interest in or control of a
vessel or facility for purposes of administering
an estate or trust. This subparagraph does not
exempt a fiduciary or trustee whose appoint-
ment is solely an attempt to evade liability
under this Act.
‘‘(ii) This subparagraph does not exempt
from liability a person described in clause (i)
who willfully, knowingly, or recklessly causes or
exacerbates a release or threatened release of a
hazardous substance, and such a person shall
be liable for response costs to the extent that
the release or threatened release is attributable
to the person’s activities.
‘‘(iii) Nothing in this subparagraph shall
prevent claims against the assets that con-
stitute the estate held by the fiduciary or trust-
ee or the filing of actions against the fiduciary
or trustee in its representative capacity.’’.
(b) SECTION 107 LIABILITY.—Section 107(a) of such
Act is amended by adding at the end the following sen-
tence: ‘‘The liability established by subparagraphs (E)(ii)
and (F)(ii) of section 101(20) shall be deemed to arise
under this subsection.’’.
SEC. 2. LIMITATION OF LIABILITY UNDER SOLID WASTE
DISPOSAL ACT.
The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended—
(1) by adding at the end of section 1004 the
following paragraph:
‘‘(42) The terms ‘owner’, ‘operator’, ‘generator’,
and ‘transporter’ do not include a person who would
not be an owner or operator within the meaning of
subparagraphs (E) and (F) of section 101(20) of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980.’’; and
(2) by adding at the end of section 9003(h)(9)
the following sentence: ‘‘This definition shall be con-
strued to be parallel and comparable to that speci-
fied in section 101(20)(E) of the Comprehensive En-
vironmental Response, Compensation, and Liability
Act of 1980.’’.
Æ