An act to provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites.

Summary

Hazardous Waste Containment Act of 1980 - Provides that nothing in this Act or in any amendment made to this Act shall apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to require owners or operators of hazardous waste treatment, storage, or disposal sites to provide specified information to the relevant State and local officials or 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. Requires States to undertake continuing programs to compile, publish, and submit to the Administrator inventories containing such information for each inactive waste site within the State. Directs the Administrator to: (1) carry out such inventories when there is inadequate State compliance; compile a national inventory of all hazardous waste sites; and (3) report to the appropriate committees of Congress such inventory and an analysis thereof, with an annual update. Authorizes the Administrator to make grants to States to carry out such inventory programs. Authorizes appropriations for such purpose for fiscal year 1981. Requires that each State establish annual 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 Hazardous Waste 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 U.S. 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. 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 and other specified information received pursuant to this Act. Prohibits the destruction of records relating to compliance with this Act. 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. Authorizes the Administrator to relocate, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present an unreasonable risk to public health or the environment. Directs the Administrator not to exercise such authority upon determination that the responsible party or the State or local government concerned will take the action referred to in this paragraph. Authorizes the Administrator to provide assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazards associated with conditions similar to, but not immediately identifiable as, a release of hazardous waste into the environment in any manner which may present an unreasonable risk to public health or the environment. Specifies that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such conditions. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other than this Act. Prohibits the Administrator from exercising such authority to engage in or order the transportation and offsite disposition of hazardous waste unless such offsite activity is: (1) less expensive than onsite disposition; (2) essential to protect the public health or safety or the environment; or (3) carried out at a facility where substantial new capacity has been established at such levels as may be necessary to accommodate specified types and amounts of hazardous waste. Authorizes the Administrator to provide equipment and other items to establish and maintain damage assessment and response capabilities of Federal, State and local strike forces, or other emergency response teams, established in conformity with the plan. Limits to $5,000,000 in any fiscal year that portion of specified available funds which may be used for research and development to improve hazardous waste cleanup and containment technologies in order to ultimately reduce response and containment costs at inactive hazardous waste sites. Grants specified entry, inspection, and other authorities to anyone ordered or authorized by the Administrator to take any action under the hazardous waste response program. Defines "responsible party" to mean, with respect to any inactive hazardous waste site, any person who: (1) owned or operated such site as of November 1, 1979, or at the time it was utilized for the treatment, storage, or disposal of any unregulated hazardous waste; or (2) generated any such waste treated, stored, or disposed of at such site. Provides for the apportionment of costs among responsible parties. Directs the President to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such waste shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Limits the Federal share of the cost of actions taken by the Administrator under this Act to 90 percent of the total cost of such actions; except in cases of federally owned or operated sites or of expenditures below $500,000 for any one site. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Prohibits any court from staying such fee regulations or modifications pending completion of judicial review. Prohibits any discharge, escape, injection, spilling, pouring, emitting, leaching, pumping, or other transfer of hazardous waste at or from any inactive hazardous waste site to any land, air, or water if such transfer presents an unreasonable risk to public health or the environment unless such activity is: (1) permitted by the terms of specified permits issued under such Act; (2) carried out pursuant to this Act; or (3) otherwise authorized or permitted by Federal law. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act of up to $10,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal fines and/or imprisonment for violations of specified notification requirements or of the prohibition against destruction of records under this Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment, except where such releases are caused solely by an act of God or an act of war, negligence on the part of the Federal Government, or an act or omission of a third party if the defendant exercised due care. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act. Directs the Administrator to conduct a study of hazardous waste siting, with specified inclusions, and report the results to the appropriate committees of Congress. Authorizes appropriations to carry out such study. Directs the President to submit an annual report on the hazardous waste response fund to such committees. Directs the Administrator to study, and submit a comprehensive report to such committees on the experience with the implementation of the amendments made by this Act, with recommendations for any necessary legislative changes.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 12 December 1980

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• Passed Senate amended

  summary · EN · 24 November 1980

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• Passed House amended

  summary · EN · 23 September 1980

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• Reported to House amended, Part II

  summary · EN · 20 June 1980

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• Reported to House amended, Part I

  summary · EN · 16 May 1980

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• Introduced in House

  summary · EN · 2 April 1980

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