legislation: 95-hr-14301
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 95-hr-14301 | 95 | hr | 14301 | Toxic Pollutant Compensation Act | Environmental Protection | 1978-10-12 | 1978-10-12 | Referred to House Committee on the Judiciary. | House | Rep. LaFalce, John J. [D-NY-36] | NY | D | L000556 | 0 | Toxic Pollutant Compensation Act - Title I: Federal Cause of Action - Creates a Federal cause of action for damages for any person physically injured by the negligent manufacture of a toxic pollutant by a manufacturer. Stipulates that this action shall not preempt any other rights or causes of action existing under State or Federal law. Establishes a two-year statute of limitations for actions brought under this title, such period to commence on the date that the Environmental Protection Agency determines the requisite nexus between the physical injury complained of and the toxic pollutant alleged to be the cause of such injury. Authorizes the award of exemplary damages upon a finding by the trier of fact that the conduct of the defendant constituted a gross and wanton disregard for public safety. Sets forth certain rules regarding rebuttable presumptions and jurisdiction for any action pursuant to this title. Title II: State Worker's Compensation Law Amendments - Preempts any provision of State law contrary to the provisions, purposes, or intents of this title. Declares that the worker's compensation law of any State shall not deny benefits to any injured person solely for the untimely filing of a claim for benefits where such claim would have been timely under the provisions of this Act. Title III: Toxic Pollutant Compensation Agency - Establishes within the Environmental Protection Agency the Toxic Pollutant Compensation Agency (TPCA). Sets forth the powers and duties of the TPCA, including the power to subpoena any person to provide information deemed relevant to a claim; to promulgate such rules, regulations, and procedures necessary to carry out the provisions of this Act; to employ experts and consultants; and to perform any other administrative activities necessary for the effective fulfillment of its powers and duties under this Act. Outlines the procedure for certification of victims of toxic substance pollution and sets forth criteria upon which the TPCA shall determine whether the toxic pollutant caused the physical injury. Entitles certified victims to benefits not to exceed $50,000 per victim for medical expenses, costs of rehabilitation, and lost wages, where such claims are not provided for by insurance. Directs the TPCA to promulgate, through rules and regulations, appropriate forms and procedures for the filing of claims for benefits. Entitles persons other than the victim to payment of benefits if necessary to secure payment of alimony, maintenance or child support, to insure satisfaction of authenticated claims by those who furnished the victim with products or services constituting medical or rehabilitation benefits, or to insure satisfaction of claims for reasonable attorney's fees. Establishes the Toxic Pollutant Revolving Fund to provide for the payment of benefits. Directs the TPCA to prepare and submit to the Congress and the President annual reports of the activities of the TPCA. Vests jurisdiction for review of any compensation award or other final determination of the TPCA in the United States district court for the district in which the injury, disease, or death allegedly occurred. Authorizes the court to grant appropriate relief to persons petitioning for a review of a TPCA award or order. Authorizes appropriations to carry out the purposes of this title. Title IV: Environmental Protection Agency - Sets forth powers and duties of the Environmental Protection Agency (EPA) in administering this Act. Authorizes EPA to make studies and investigations to determine whether physical injuries are caused by toxic pollutants, and sets forth procedures for conducting such studies and investigations. Requires EPA to publish in the Federal Register for public comment any tentative findings of requisite nexus between a physical injury and an allegedly toxic pollutant, and to make and publish a final determination upon a finding of requisite nexus. Authorizes judicial review in the United States District Court of such finding upon petition praying that the finding be set aside or modified. Authorizes appropriations to carry out the purposes of this title. | 2025-09-02T17:11:43Z |