Pub.L. 107-119 To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to extend the authorization of appropriations for the Office of Government Ethics through fiscal year 2006. <> ...

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   SMALL BUSINESS LIABILITY RELIEF AND BROWNFIELDS REVITALIZATION ACT

[[Page 115 STAT. 2356]]

Public Law 107-118
107th Congress

                                 An Act


 
To provide certain relief for small businesses from liability under the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
    1980, and to amend such Act to promote the cleanup and reuse of 
      brownfields, to provide financial assistance for brownfields 
   revitalization, to enhance State response programs, and for other 
            purposes. <<NOTE: Jan. 11, 2002 -  [H.R. 2869]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Small Business Liability 
Relief and Brownfields Revitalization Act.>> assembled,

SECTION 1. <<NOTE: 42 USC 9601 note.>>  SHORT TITLE.

    This Act may be cited as the ``Small Business Liability Relief and 
Brownfields Revitalization Act''.

   TITLE I-- <<NOTE: Small Business Liability Protection Act.>> SMALL 
BUSINESS LIABILITY PROTECTION

SEC. 101. <<NOTE: 42 USC 9601 note.>>  SHORT TITLE.

    This title may be cited as the ``Small Business Liability Protection 
Act''.

SEC. 102. SMALL BUSINESS LIABILITY RELIEF.

    (a) Exemptions.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is 
amended by adding at the end the following new subsections:
    ``(o) De Micromis Exemption.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person shall not be liable, with respect to response costs at a 
        facility on the National Priorities List, under this Act if 
        liability is based solely on paragraph (3) or (4) of subsection 
        (a), and the person, except as provided in paragraph (4) of this 
        subsection, can demonstrate that--
                    ``(A) the total amount of the material containing 
                hazardous substances that the person arranged for 
                disposal or treatment of, arranged with a transporter 
                for transport for disposal or treatment of, or accepted 
                for transport for disposal or treatment, at the facility 
                was less than 110 gallons of liquid materials or less 
                than 200 pounds of solid materials (or such greater or 
                lesser amounts as the Administrator may determine by 
                regulation); and
                    ``(B) all or part of the disposal, treatment, or 
                transport concerned occurred before April 1, 2001.
            ``(2) Exceptions.--Paragraph (1) shall not apply in a case 
        in which--

[[Page 115 STAT. 2357]]

                    ``(A) the President determines that--
                          ``(i) the materials containing hazardous 
                      substances referred to in paragraph (1) have 
                      contributed significantly or could contribute 
                      significantly, either individually or in the 
                      aggregate, to the cost of the response action or 
                      natural resource restoration with respect to the 
                      facility; or
                          ``(ii) the person has failed to comply with an 
                      information request or administrative subpoena 
                      issued by the President under this Act or has 
                      impeded or is impeding, through action or 
                      inaction, the performance of a response action or 
                      natural resource restoration with respect to the 
                      facility; or
                    ``(B) a person has been convicted of a criminal 
                violation for the conduct to which the exemption would 
                apply, and that conviction has not been vitiated on 
                appeal or otherwise.
            ``(3) No judicial review.--A determination by the President 
        under paragraph (2)(A) shall not be subject to judicial review.
            ``(4) Nongovernmental third-party contribution actions.--In 
        the case of a contribution action, with respect to response 
        costs at a facility on the National Priorities List, brought by 
        a party, other than a Federal, State, or local government, under 
        this Act, the burden of proof shall be on the party bringing the 
        action to demonstrate that the conditions described in paragraph 
        (1)(A) and (B) of this subsection are not met.

    ``(p) Municipal Solid Waste Exemption.--
            ``(1) In general.--Except as provided in paragraph (2) of 
        this subsection, a person shall not be liable, with respect to 
        response costs at a facility on the National Priorities List, 
        under paragraph (3) of subsection (a) for municipal solid waste 
        disposed of at a facility if the person, except as provided in 
        paragraph (5) of this subsection, can demonstrate that the 
        person is--
                    ``(A) an owner, operator, or lessee of residential 
                property from which all of the person's municipal solid 
                waste was generated with respect to the facility;
                    ``(B) a business entity (including a parent, 
                subsidiary, or affiliate of the entity) that, during its 
                3 taxable years preceding the date of transmittal of 
                written notification from the President of its potential 
                liability under this section, employed on average not 
                more than 100 full-time individuals, or the equivalent 
                thereof, and that is a small business concern (within 
                the meaning of the Small Business Act (15 U.S.C. 631 et 
                seq.)) from which was generated all of the municipal 
                solid waste attributable to the entity with respect to 
                the facility; or
                    ``(C) an organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of such Code that, during its 
                taxable year preceding the date of transmittal of 
                written notification from the President of its potential 
                liability under this section, employed not more than 100 
                paid individuals at the location from which was 
                generated all of the municipal

[[Page 115 STAT. 2358]]

                solid waste attributable to the organization with 
                respect to the facility.
        For purposes of this subsection, the term `affiliate' has the 
        meaning of that term provided in the definition of `small 
        business concern' in regulations promulgated by the Small 
        Business Administration in accordance with the Small Business 
        Act (15 U.S.C. 631 et seq.).
            ``(2) Exception.--Paragraph (1) shall not apply in a case in 
        which the President determines that--
                    ``(A) the municipal solid waste referred to in 
                paragraph (1) has contributed significantly or could 
                contribute significantly, either individually or in the 
                aggregate, to the cost of the response action or natural 
                resource restoration with respect to the facility;
                    ``(B) the person has failed to comply with an 
                information request or administrative subpoena issued by 
                the President under this Act; or
                    ``(C) the person has impeded or is impeding, through 
                action or inaction, the performance of a response action 
                or natural resource restoration with respect to the 
                facility.
            ``(3) No judicial review.--A determination by the President 
        under paragraph (2) shall not be subject to judicial review.
            ``(4) Definition of municipal solid waste.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `municipal solid waste' means waste material--
                          ``(i) generated by a household (including a 
                      single or multifamily residence); and
                          ``(ii) generated by a commercial, industrial, 
                      or institutional entity, to the extent that the 
                      waste material--
                                    ``(I) is essentially the same as 
                                waste normally generated by a household;
                                    ``(II) is collected and disposed of 
                                with other municipal solid waste as part 
                                of normal municipal solid waste 
                                collection services; and
                                    ``(III) contains a relative quantity 
                                of hazardous substances no greater than 
                                the relative quantity of hazardous 
                                substances contained in waste material 
                                generated by a typical single-family 
                                household.
                    ``(B) Examples.--Examples of municipal solid waste 
                under subparagraph (A) include food and yard waste, 
                paper, clothing, appliances, consumer product packaging, 
                disposable diapers, office supplies, cosmetics, glass 
                and metal food containers, elementary or secondary 
                school science laboratory waste, and household hazardous 
                waste.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include--
                          ``(i) combustion ash generated by resource 
                      recovery facilities or municipal incinerators; or
                          ``(ii) waste material from manufacturing or 
                      processing operations (including pollution control 
                      operations) that is not essentially the same as 
                      waste normally generated by households.
            ``(5) Burden of proof.--In the case of an action, with 
        respect to response costs at a facility on the National 
        Priorities List, brought under section 107 or 113 by--

[[Page 115 STAT. 2359]]

                    ``(A) a party, other than a Federal, State, or local 
                government, with respect to municipal solid waste 
                disposed of on or after April 1, 2001; or
                    ``(B) any party with respect to municipal solid 
                waste disposed of before April 1, 2001, the burden of 
                proof shall be on the party bringing the action to 
                demonstrate that the conditions described in paragraphs 
                (1) and (4) for exemption for entities and organizations 
                described in paragraph (1)(B) and (C) are not met.
            ``(6) Certain actions not permitted.--No contribution action 
        may be brought by a party, other than a Federal, State, or local 
        government, under this Act with respect to circumstances 
        described in paragraph (1)(A).
            ``(7) Costs and fees.--A nongovernmental entity that 
        commences, after the date of the enactment of this subsection, a 
        contribution action under this Act shall be liable to the 
        defendant for all reasonable costs of defending the action, 
        including all reasonable attorney's fees and expert witness 
        fees, if the defendant is not liable for contribution based on 
        an exemption under this subsection or subsection (o).''.

    (b) Expedited Settlement.--Section 122(g) of such Act (42 U.S.C. 
9622(g)) is amended by adding at the end the following new paragraphs:
            ``(7) Reduction in settlement amount based on limited 
        ability to pay.--
                    ``(A) In general.--The condition for settlement 
                under this paragraph is that the potentially responsible 
                party is a person who demonstrates to the President an 
                inability or a limited ability to pay response costs.
                    ``(B) <<NOTE: President.>>  Considerations.--In 
                determining whether or not a demonstration is made under 
                subparagraph (A) by a person, the President shall take 
                into consideration the ability of the person to pay 
                response costs and still maintain its basic business 
                operations, including consideration of the overall 
                financial condition of the person and demonstrable 
                constraints on the ability of the person to raise 
                revenues.
                    ``(C) Information.--A person requesting settlement 
                under this paragraph shall promptly provide the 
                President with all relevant information needed to 
                determine the ability of the person to pay response 
                costs.
                    ``(D) <<NOTE: President.>>  Alternative payment 
                methods.--If the President determines that a person is 
                unable to pay its total settlement amount at the time of 
                settlement, the President shall consider such 
                alternative payment methods as may be necessary or 
                appropriate.
            ``(8) Additional conditions for expedited settlements.--
                    ``(A) <<NOTE: President.>>  Waiver of claims.--The 
                President shall require, as a condition for settlement 
                under this subsection, that a potentially responsible 
                party waive all of the claims (including a claim for 
                contribution under this Act) that the party may have 
                against other potentially responsible parties for 
                response costs incurred with respect to the facility, 
                unless the President determines that requiring a waiver 
                would be unjust.

[[Page 115 STAT. 2360]]

                    ``(B) Failure to comply.--The President may decline 
                to offer a settlement to a potentially responsible party 
                under this subsection if the President determines that 
                the potentially responsible party has failed to comply 
                with any request for access or information or an 
                administrative subpoena issued by the President under 
                this Act or has impeded or is impeding, through action 
                or inaction, the performance of a response action with 
                respect to the facility.
                    ``(C) Responsibility to provide information and 
                access.--A potentially responsible party that enters 
                into a settlement under this subsection shall not be 
                relieved of the responsibility to provide any 
                information or access requested in accordance with 
                subsection (e)(3)(B) or section 104(e).
            ``(9) <<NOTE: President.>>  Basis of determination.--If the 
        President determines that a potentially responsible party is not 
        eligible for settlement under this subsection, the President 
        shall provide the reasons for the determination in writing to 
        the potentially responsible party that requested a settlement 
        under this subsection.
            ``(10) <<NOTE: President.>>  Notification.--As soon as 
        practicable after receipt of sufficient information to make a 
        determination, the President shall notify any person that the 
        President determines is eligible under paragraph (1) of the 
        person's eligibility for an expedited settlement.
            ``(11) No judicial review.--A determination by the President 
        under paragraph (7), (8), (9), or (10) shall not be subject to 
        judicial review.
            ``(12) <<NOTE: President.>>  Notice of settlement.--After a 
        settlement under this subsection becomes final with respect to a 
        facility, the President shall promptly notify potentially 
        responsible parties at the facility that have not resolved their 
        liability to the United States of the settlement.''.

SEC. 103. EFFECT ON <<NOTE: 42 USC 9607 note.>>  CONCLUDED ACTIONS.

    The amendments made by this title shall not apply to or in any way 
affect any settlement lodged in, or judgment issued by, a United States 
District Court, or any administrative settlement or order entered into 
or issued by the United States or any State, before the date of the 
enactment of this Act.

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