Superfund Liability Equity and Acceleration Act

TABLE OF CONTENTS:

Title I: Liability

Title II: Funding

Superfund Liability Equity and Acceleration Act - Title I: Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) with respect to public availability of information under response authority provisions of the Act and the disclosure of information concerning evidence that indicates the presence of each element of liability.

(Sec. 102) Limits liability under such Act to actions involving hazardous substance releases occurring after December 31, 1986, subject to the conditions of this Act. Makes such limit inapplicable to actions occurring before such date which were contrary to law. Provides for reimbursement from the Hazardous Substance Revolving Fund (Revolving Fund) as provided by this Act.

Sets forth retroactive liability provisions for actions which occurred before January 1, 1987. Bars reimbursement, with respect to a site or facility discovered before June 1, 1995, from the Revolving Fund to potentially responsible parties (PRPs) for construction or operation and maintenance (O&M) costs incurred before enactment of this Act. Provides directives for use by the President of amounts from the Revolving Fund to pay O&M, construction, or other response costs (including O&M and construction but excluding legal fees) incurred on or after enactment of this Act, determined according to whether construction at a site was completed or discovered by June 1, 1995.

Sets forth rules for reimbursement of costs at a site or facility with respect to which actions occurred both before and after January 1, 1987 (a "straddle site"). Permits PRPs of straddle sites discovered before June 1, 1995, to petition the President for an allocation of O&M and construction costs attributable to pre-1987 actions. Permits PRPs to petition for allocations of construction and O&M costs where actions have not been completed by June 1, 1995.

(Sec. 103) Provides that persons considered to be qualified organizations under provisions of the Internal Revenue Code governing charitable contributions who are grantees of conservation easements with respect to real property on which a facility is located shall not be considered as owners or operators, for purposes of determining liability for removal and response costs, unless they have caused or contributed to the release of hazardous substances.

Establishes a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained an environmental assessment of the property to determine the presence of hazardous substances, including a review of specified records of the previous ownership and use of such property.

(Sec. 104) Absolves persons who have resolved liability to the United States or a State in an approved settlement proceeding of liability for cost recovery regarding matters addressed in the settlement.

(Sec. 105) Provides that persons who own or operate real property that is contiguous to or otherwise situated with respect to real property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered to be an owner or operator for purposes of determining liability. Authorizes the President to issue assurances of no enforcement action to such persons and grant protection against cost recovery and contribution actions.

(Sec. 106) Requires the President to issue regulations to define certain terms as they apply to liability of lenders and financial service providers.

Excludes from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage any facility or vessel at which a release occurred for purposes of administering an estate or trust of which such vessel or facility is a part.

(Sec. 108) Makes liable parties who accept or successfully appeal the results of the allocation of responsibility under title V of this Act liable only for, with respect to National Priority List (NPL) sites, their assigned share of the costs of: (1) removal or remedial action incurred by the United States, a State, or an Indian tribe; (2) response incurred by any other person; and (3) any health assessment or health effects study. Requires the orphan share of an NPL site to be paid out of the Revolving Fund.

(Sec. 109) Makes PRPs or liable parties who fail to perform response actions at NPL sites subject to specified civil action. Requires reimbursement by the Fund of PRPs who perform and pay for response actions at NPL sites. Authorizes liable parties who perform and pay for such actions to recover costs as creditor parties as provided under the binding allocation of responsibility provisions of CERCLA added by this Act.

(Sec. 110) Directs the Administrator of the Environmental Protection Agency (EPA) to appoint panels of administrative law judges to perform expedited administrative proceedings, to be known as "binding allocations of responsibility" (BARs), for purposes of determining the liability of PRPs at NPL sites.

Provides for the initiation of a BAR by the filing of a petition with the EPA Office of Administrative Law Judges by the Administrator or a State where the site is located.

Exempts de micromis parties (parties that a panel determines contributed only 100 pounds or liters of material containing hazardous substances at the facility or such amount as determined by the Administrator) from liability to the United States or to any other person for response actions or for past, present, or future costs incurred at the site.

Requires final BARs to be issued within 18 months of the publication of a notice of petition (or 24 months for cases of exceptional complexity). Specifies allocation factors on which assigned shares of liability shall be based. Requires the Administrator to make firm offers of settlement to all de minimis parties (parties that contributed only one percent or less of the total quantity of hazardous substances present at the site). Makes a BAR decision binding as to all past, present, and future liability for response costs and for contributions in civil proceedings.

Permits judicial review of final BAR decisions.

Sets forth procedures for recovery by creditor parties.

Provides for stays of certain pending enforcement actions and private party litigation until a BAR is issued.

Authorizes any group of PRPs to submit a private allocation for the NPL site, to be known as a "voluntary binding allocation of responsibility," to the allocation panel.

Provides that a BAR shall constitute a permanent determination of the assigned share of a liable party and of the orphan share and, except for specified additions to the orphan share and judicially mandated changes, shall not be subject to any change for at least five years after the date of final decision. Permits a new BAR only if the request demonstrates that due to new information not reasonably available during the first BAR, a 35 percent or greater increase in total waste-in volume has been discovered.

(Sec. 111) Exempts qualified redevelopers from liability for costs or damages with respect to hazardous substance releases.

(Sec. 112) Extends a current exemption from liability for response action contractors under Federal law to State and local law and expands the activities considered to be response actions.

Excludes such contractors from the definition of "owner or operator" for purposes of limiting liability.

Provides a limitation on actions against response action contractors.

Title II: Funding - Amends the Internal Revenue Code to establish in the Treasury the Hazardous Substance Revolving Fund, consisting of amounts as may be appropriated, credited, or transferred to the Hazardous Substance Superfund and credited or transferred to the Revolving Fund. Provides that amounts in the Revolving Fund shall be available for specified costs of response, enforcement and abatement, property acquisition, local government reimbursement, occupational health and safety and Agency for Toxic Substances and Disease Registry activities, and the BAR process established by this Act.