legislation: 99-hr-3418
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 99-hr-3418 | 99 | hr | 3418 | Superfund Cleanup Participation Act of 1985 | Environmental Protection | 1985-09-23 | 1985-12-10 | See H.R.2005. | House | Rep. Smith, Bob [R-NH-1] | NH | R | S000606 | 1 | Superfund Cleanup Participation Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the Administrator of the Environmental Protection Agency to notify each potentially responsible party within 90 days of placing a facility on the National Priorities List for cleanup of hazardous wastes. Requires notified parties to indicate to the Administrator whether or not such party intends to participate in settlement negotiations. Requires the Administrator to conduct negotiations with interested notified parties, seeking an agreement for a remedial action and cost allocation plan for such facility. Allocates responsibility for costs and cleanup among all potentially responsible parties, based upon contribution to the facility in terms of amount and toxicity of the substances involved and the degree of involvement and care exercised. Imposes a moratorium during the course of negotiations on nonemergency actions against a participating party. Authorizes the Administrator to issue an order requiring a participant to carry out the terms of the settlement agreement. Requires the Administrator to enter into a limitation of future liability agreement with a settling party when permanent cleanup technology is used. Prohibits any other person from seeking contribution from a settling party for the same release. Requires remedial investigations and feasibility studies for facilities which are the subject of negotiations to review the available on-site permanent cleanup technologies. Requires the Administrator to publish an explanation of why such technologies were not used, if they were not used. Exempts response action contractors from liability for nonnegligent actions during the course of a response. Requires competitive bidding among such contractors. Requires the United States to provide legal representation to a response action contractor when an action is brought by a non-Federal entity for damages resulting from the contractor's actions or a release from the facility in question. Requires States, as a condition for receiving Federal remedial action, to make assurances that they have adequate facilities in compliance with the Solid Waste Disposal Act for the disposal or treatment of hazardous waste for the next 20 years. | 2025-08-29T16:33:28Z |