H.R.5175 - Small Business Liability Relief Act106th Congress (1999-2000)
Summary: H.R.5175 — 106th Congress (1999-2000)
Small Business Liability Relief Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that certain small businesses shall be liable for response costs as non-owners or operators only if the total of material containing a hazardous substance that the business arranged for disposal, transport, or treatment of, or accepted for transport, was greater than 110 pounds of liquid material or 200 pounds of solid material. Makes such exemption to liability inapplicable in cases where the substance could contribute significantly to response costs or where the business has failed to comply with an administrative subpoena or request for information or has impeded a response action. Applies this exemption only to activities taking place before this Act's enactment date.
Introduced in House (09/14/2000)
Makes a person liable for response costs for municipal solid waste (MSW) as a non-owner or operator only if the person is not an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or tax-exempt organization that generated all its MSW, with respect to the facility concerned. Provides for liability if a person has failed to comply with an administrative subpoena or request for information or has impeded a response action.
Makes persons that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above- described exemptions.
Adds to the list of parties eligible for expedited final settlements certain persons and small businesses that demonstrate an inability or limited ability to pay response costs.
Revises conditions of eligibility for such settlements for de minimis parties.
Establishes a moratorium on litigation under CERCLA for recovery or contribution of response costs from any person eligible for an expedited settlement within a specified time frame.