Land Recycling Act of 1999

Summary

Land Recycling Act of 1999 - Prohibits, with exceptions, the President and any person other than a State from using specified authorities of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a response action pursuant to a State program submitted to the Administrator of the Environmental Protection Agency together with a certification by the State that: (1) the State has enacted such program into law and committed the necessary financial and personnel resources to carry out the program; and (2) such program will be implemented in a manner protective of human health and the environment. Provides that Federal permit or permit revisions shall not be required for the on-site portion of response actions subject to such prohibition. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 4) Amends CERCLA to permit the President to add a facility to the National Priorities List only with the concurrence of the Governor of the State in which the facility is located. (Sec. 5) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 6) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 7) Absolves of liability for response costs and damages certain owners or operators that are State or local governments that acquired property involuntarily, or through eminent domain or the granting of a license or permit to conduct business, if such governments: (1) acquired the affected facility after the disposal or placement of the hazardous substances for which liability is alleged; (2) did not cause or contribute to the hazardous substance release; and (3) exercised appropriate care with respect to such substances. (Sec. 8) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. (Sec. 9) Revises provisions regarding the degree of cleanup for hazardous substances that will remain on-site to provide that remedial actions for such substances shall require a level or standard of control which achieves Maximum Contaminant Levels (currently, Maximum Contaminant Level Goals) under the Safe Drinking Water Act where such levels are appropriate under the circumstances of the release considering the timing of any anticipated use of water as drinking water and reasonable points of compliance. Removes a requirement regarding achievement of certain water quality criteria under the Clean Water Act by such actions. Requires risk assessments and characterizations conducted for such actions to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) be based on the best available scientific and technical information; and (3) be based on an analysis of the weight of scientific evidence that supports conclusions about a problem's potential risks to health and the environment. (Sec. 10) Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Authorizes appropriations.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

4 official files

• Reported to House amended, Part I

  summary · EN · 20 July 2000

  Open at official source

• Introduced in House (text)

  Introduced in House · EN · 21 July 1999

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 21 July 1999

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 21 July 1999

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.