legislation: 105-hr-4227
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 105-hr-4227 | 105 | hr | 4227 | Justice for Displaced Residents Act | Environmental Protection | 1998-07-15 | 1998-07-27 | Referred to the Subcommittee on Water Resources and Environment. | House | Rep. Menendez, Robert [D-NJ-13] | NJ | D | M000639 | 0 | Justice for Displaced Residents Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to make a person liable, without regard to defenses to liability under such Act, for three times the amount of response costs or damages for which the person would otherwise be liable if: (1) at the time of disposal of a designated hazardous substance, the person owned or operated any vessel or facility at which such substance was disposed; (2) the vessel or facility is or has been subject to a removal action by the President or an equivalent State action; and (3) prior to the removal action, the person sold, leased, or otherwise disposed of the facility or vessel under circumstances in which the future residential use of the vessel or facility was reasonably foreseeable. Provides that amounts recovered under this Act are in addition to amounts recovered under existing CERCLA liability provisions. Absolves a person of liability under this Act if the person: (1) acquired the vessel or facility primarily for use as a personal residence, did not contribute to the designated hazardous substance release, and took care with respect to such substance; or (2) acquired the vessel or facility primarily for development for personal residential use, did not contribute to the release, took care with respect to the designated substance, and is an unaffiliated entity with fewer than 25 employees and less than $2 million in gross annual revenues. Makes response costs or damages under this Act recoverable by the Administrator of the Environmental Protection Agency or any person who resides or previously resided in the vessel or facility following its sale or disposal. Defines "designated hazardous substance" as mercury, polychlorinated biphenyls, tetrachloroethylenes, and any other hazardous substance that the Administrator may designate. | 2025-08-21T16:11:16Z |