legislation: 96-hr-6931
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| 96-hr-6931 | 96 | hr | 6931 | Hazardous Waste Act of 1980 | Environmental Protection | 1980-03-26 | 1980-03-26 | Referred to House Committee on Interstate and Foreign Commerce. | House | Rep. Eckhardt, Bob [D-TX-8] | TX | D | E000035 | 0 | Hazardous Waste Act of 1980 - Requires owners or operators of hazardous waste treatment, storage, or disposal sites to provide specified information to the relevant State and local officials and to the Administrator of the Environmental Protection Agency. Authorizes the Administrator, or the State in which the site is located, to secure such information from such owners or operators, former or subsequent owners or operators of the site, or generators or transporters of hazardous waste, if such owners or operators fail to comply with information requirements or offer inadequate information. Prohibits such information received from any person, and information derived therefrom, from being used against such person in any criminal proceeding except a prosecution for perjury or for knowingly making a false statement or representation. Amends the Solid Waste Disposal Act to require each generator of hazardous waste to submit a report to the Administrator and to the State agencies setting forth the quantities and characteristics of hazardous waste generated by such generator in the year preceding the date of enactment of this Act. Allows regulations requiring each generator of hazardous waste to submit annual reports to the Administrator and to the State agencies setting forth the quantities and characteristics of hazardous waste expected to be generated in the year during which the report is filed. Subjects such information to specified confidentiality requirements. Requires that each State establish priorities among the inactive hazardous waste sites in that State which present, or may present, a substantial threat to public health or the environment. Requires that such priorities be: (1) established according to regulations promulgated by the Administrator; and (2) consistent with the National Inactive Hazardous Waste Disposal Site Response Plan ("the Plan"). Directs the Administrator to establish and annually revise national priorities, based upon the relative danger to public health and the environment, among the inactive hazardous waste sites throughout the United States which are releasing, or present a substantial threat of releasing, hazardous waste. Refers to the 100 inactive hazardous waste sites designated as representing the greatest danger as top priority sites. Authorizes any State to submit to the Administrator a program under which specified actions may be taken or be required to be taken with respect to inactive waste sites which present or may present a substantial threat to public health or the environment. Directs the Administrator to approve such State program upon determination that it conforms to the Plan and meets other specified criteria. Authorizes States, under such programs, to require specified current owners or former owners, operators or hazardous waste generators to take necessary cleanup actions with regard to a top priority site. Authorizes the Administrator to provide assistance to States from a specified fund to carry out approved State cleanup programs. Allows up to 15 percent of such assistance funds to be used for cleanup of sites not designated as top priority, if such sites present or may present a greater hazard than some top priority sites. Limits such assistance to: (1) 70 percent of program expenses at sites owned by the State or any political subdivision thereof; and (2) 95 percent of such expenses at sites not so owned. Authorizes the Administrator to provide such assistance to any State without regard to whether such State has an approved program in effect, for a period of two years after the enactment of this Act and under specified conditions. Authorizes the Administrator to provide technical and legal assistance in the administration and enforcement of, and to intervene in any civil action involving, contracts or subcontracts made by State or local governments acting in accordance with State plans. Authorizes the Administrator to take emergency response actions, or require specified persons to take such actions, if neither State, local government, nor any other person takes necessary immediate actions to prevent, minimize, or mitigate any harm to public health or the environment associated with a release or substantial threat of release of hazardous waste. Directs the President to revise and republish the National Contingency Plan for the removal of oil and hazardous substances, with a new section entitled the National Inactive Hazardous Waste Disposal Site Response Plan, with specified inclusions, and with procedures for public review, hearings, and further revisions. Requires that the removal of hazardous wastes and actions to minimize damage from hazardous waste release be in accordance with the plan to the greatest extent possible. Authorizes the President to issue regulations on the removal of released hazardous wastes and on the development and implementation of State cleanup programs. Authorizes the President to require the Attorney General to seek relief in the U.S. district court in the district in which such a threat occurs, in addition to State or local government actions. Provides for enforcement of this Act, liability for funds expended for cleanup, and civil penalties. Authorizes appropriations, for the five fiscal years beginning after the enactment of this Act, of sums necessary, together with funds collected through liability payments or civil penalties, to establish and maintain a fund of up to $1,000,000,000 for assistance to State programs and for actions by the Administrator. Requires owners of inactive hazardous waste sites to monitor releases and immediately notify the Administrator and State and local authorities of threats to the public health or the environment. Authorizes the Administrator to require sellers or former owners or operators of such sites to carry out such requirements. Provides for specified immunity with regard to such information. Sets forth provisions regarding the liability of generators for damages, the apportionment of responsibility among generators, the liability of other persons, and statutes of limitations. Prohibits U.S. district courts from having jurisdiction over such actions for damages pursuant to any grants of Federal question jurisdiction. Requires persons who generate hazardous waste to pay a fee to the Administrator. Provides for the amount, enforcement, and uses of such fees, which are inapplicable to waste which will be recycled and reused. Provides for payment by the Administrator of the rights of the claimant against the liable person. Grants specified subpoena powers to the Administrator. Authorizes the Administrator to make grants to States to improve enforcement capabilities relating to hazardous waste programs and laws. Requires that State attorneys general submit plans with specified inclusions to the Administrator in order to receive such grants or other assistance. Provides for equitable allotment of such funds among States and for termination of payments for noncompliance. Authorizes appropriations to carry out such assistance to State attorneys general for fiscal years 1981 through 1985. Increases the maximum terms of imprisonment for specified violations of such Act to five years (formerly one year) for first convictions and to ten years (formerly two years) for subsequent convictions. Includes among such violations the knowing transport, treatment, storage, disposal, or other handling of any hazardous waste so as to place any other person in imminent danger of death or serious bodily injury. Declares that, whenever a corporation commits any of specified violations, this shall also be deemed a violation by the individual director, officer or agent of such corporation who authorized, ordered, or carried out any of the acts constituting the violation if such individual knew or had reason to know of the act. | 2025-09-02T13:54:33Z |