Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979

Oil, Hazardous Substances, and Hazardous Waste Response, Liability, and Compensation Act of 1979 - Amends the Solid Waste Disposal Act to grant subpoena power to the Administrator of the Environmental Protection Agency and the Attorney General for purposes of administering or enforcing the hazardous waste management provisions of such Act.

Amends the Federal Water Pollution Control Act to add a new title VI, "Oil, Hazardous Substances, and Hazardous Response, Liability, Compensation, and Fund."

Directs the Administrator to revise and promulgate regulations which designate certain substances as hazardous.

Directs the Administrator to determine the quantities of oil and any hazardous substance which would be harmful to the public health or safety, or the environment if released.

Prohibits the release of such substances in such quantities except: (1) where permitted under the International Convention for the Prevention of Pollution of the Sea by Oil or other international agreements; or (2) where permitted by regulation.

Requires any person in charge of a vessel or facility who has knowledge of any release of oil or hazardous substance from such vessel or facility to notify the United States Government immediately.

Establishes criminal penalties for failure to provide notice of a release of such substances.

Requires any person who may be subject to liability for an uncontrolled hazardous waste disposal site to notify the Administrator of the location and risk of release of hazardous substances from such site within a specified time period.

Eliminates the limitation of liability otherwise provided in this title for persons who fail to provide such notice.

Empowers the Administrator, in the event of a release, to deduct reasonable costs from the liability of any person who acts to remove, mitigate, or lessen the likelihood of a release.

Prohibits the destruction or concealment by anyone subject to the notification provisions of this Act of any records relating to an uncontrolled hazardous waste disposal site.

Subjects owners or operators of onshore or offshore facilities and vessels to civil penalties in the event of any release of hazardous substances from such facility or vessel.

Sets forth procedures and considerations involved in the imposition of such penalties, including the good faith effort of the owner or operator in preventing the release and in mitigating its effects.

Stipulates that any costs of removal incurred in connection with such a release shall be recoverable from the owner or operator of the source of the release, and deposited in the Oil and Hazardous Substances Liability Fund.

Authorizes the Executive (defined as the head of any Federal agency or department delegated or assigned duties by the President pursuant to this Act) to remove or arrange for the removal of any substances released which may present an imminent and substantial danger to the public health or welfare unless it is determined that the removal will be properly done by the owner or operator of the source of the release.

Directs the Administrator to terminate such removal action if it is determined that the source of the release is an uncontrolled hazardous waste disposal site.

Authorizes the Administrator to supply emergency assistance and containment whenever any hazardous substance is or appears about to be released, provided the State in which the site is located first provides for or assures: (1) the maintenance of containment and the payment of containment costs within one year of containment, continuing for the life of the containment or 19 years, whichever is less; and (2) the availability of an acceptable hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or redisposal of the hazardous substances.

Limits Federal emergency assistance for containment when: (1) costs are projects at over $200,000 unless the Administrator determines that it is the least costly method; and (2) the uncontrolled hazardous waste disposal site is owned by a State or a political subdivision of a State. Sets forth the percentage of costs of containment the Administrator must pay under specified circumstances and the matching funds the State or political subdivision must provide.

States that the State or political subdivision must bear the cost of any remedial measures it chooses to take instead of the least cost containment, as determined by the Administrator.

Authorizes the Administrator to reimburse the State for containment costs up to the amount of the Federal share in lieu of providing for or arranging containment directly.

Authorizes the Administrator to provide for complete or partial waste transport, storage, destruction, or treatment and redisposal if he determines that such actions are the least costly means of containment.

Authorizes the Administrator to conduct activities for two or more uncontrolled hazardous waste sites at a centralized location, unless the costs are prohibitive.

Empowers the Administrator to enforce the terms of a containment contract in any court or to recover from the State or political subdivision the costs of maintaining such containment and the State and local matching shares of the costs of containment at that site.

Authorizes the Administrator to provide technical and legal assistance in connection with the administration or enforcement of any contract concerning emergency assistance or containment where a State or political subdivision is acting on behalf of the Administrator.

Directs the Executive to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect changes made by this title.

Directs the Executive to hold public hearings on the National Uncontrolled Hazardous Waste Disposal Site Response Plan, such plan to include: (1) methods of discovering and investigating such sites; (2) methods for evaluating and containing releases and threats of releases from such sites which pose substantial danger to public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency assistance, containment, and other measures authorized by this title; (4) appropriate roles and responsibilities for Federal, State, and local governments in effectuating the Plan; (5) provision for identification, procurement, maintenance, and storage of response equipment and supplies; and (6) a method for and assignment of responsibility for reporting the existence on federally-owned or-controlled properties and any releases of hazardous substances from such sites.

Makes the revised National Contingency Plan the standard for the removal of oil and hazardous substances and for minimizing the damage from such substances.

Authorizes the Executive to issue regulations, consistent with the Plan, maritime safety, marine and navigation laws: (1) establishing methods and procedures for removal of released oil and hazardous substances; (2) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; (3) establishing procedures, methods, and equipment to prevent release of oil and hazardous substances from vessels or facilities, and to contain such releases; and (4) governing the inspection of vessels carrying cargoes of oil or hazardous substances to reduce the likelihood of release.

Establishes civil penalties for the violation of such regulations, with specified exemptions. Sets forth procedures and criteria for determining the amount of such penalties.

Authorizes the United States, in the event of a marine disaster creating a substantial threat of pollution and endangering the public health or welfare to: (1) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (2) summarily remove, and if necessary, destroy such vessel. Provides compensation for expenses incurred.

Authorizes the Attorney General, at the request of the Executive, to seek relief in U.S. district court whenever the Executive determines there may be an actual or threatened release of oil or a hazardous substance from a facility or an uncontrolled hazardous waste disposal site.

Makes the owner and operator of a private vessel or of a facility which is the source or threatened source of pollution jointly and severally liable for all damages resulting from the pollution or the threat of pollution.

Sets forth monetary limitations on such persons' liability except when the pollution or threat thereof is caused in whole or in part by: (1) willful misconduct or gross negligence within the privity or knowledge of such owner or operator; or (2) violation of applicable regulations of the Federal Government and health and safety standards. Excepts owners or operators who fail to furnish the notice of a hazardous substance release as required by this Act or who fail or refuse to provide reasonable cooperation and assistance as requested in furtherance of cleanup and removal from such limitations.

Makes the owner or operator of an uncontrolled hazardous waste disposal site, or any other person who caused or contributed to the release of a hazardous substance from such site, jointly and severally liable for all costs of emergency assistance and containment, with specified exceptions.

Requires all owners and operators of vessels carrying oil or hazardous substances and owners and operators of facilities used for oil transportation, production, processing or storage to furnish evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Imposes civil penalties on such owners and operators for failure to comply with such requirements.

Directs the Executive to conduct a study to determine the availability of private insurance protection for such vessel and facility owners and operators at competitive rates.

Establishes in the Treasury of the United States an Oil and Hazardous Substances Liability Fund for the purpose of paying for removal and containment of hazardous substances, emergency assistance, compensation of claims, and administrative and personnel costs of the Federal Government incident to the administration of this title. Enumerates the sources of the moneys to be deposited in such Fund, including fees on owners of facilities receiving oil, and on suppliers of petrochemical feedstocks, and specified inorganic elements and compounds.

Authorizes the appropriation to such Fund of up to $50,000,000 in fiscal year 1981, $75,000,000 in fiscal year 1982, and $100,000,000 for each of fiscal years 1983 and 1984.

Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, to invest up to $50,000,000 of the Fund in public debt securities.

Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving such damages.

Directs the Administrator to establish a priority system for responding to releases or threats of release from uncontrolled hazardous waste disposal sites.

Specifies procedures whereby the Executive shall designate and advertise pollution sources.

Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Stipulates that final orders of the Executive on claims shall not be subject to judicial review. Authorizes the Fund to intervene in any claims action as a cause of right.

Subrogates any person or government entity, including the Fund, which pays compensation for damages, to all rights, claims, and causes of action of a claimant. Specifies procedures for and the measure of recovery in actions brought by the Fund against owners or guarantors of alleged pollution sources.

Grants jurisdiction to the United States district courts over all controversies arising under this Act.

Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia.

Excludes from such jurisdictional provisions controversies or other matters involving the assessment or collection of fees or regulations issued under the Internal Revenue Code of 1954.

Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss resulting from oil or hazardous substance pollution, except that States shall not be precluded from establishing liability funds or liability limits, setting financial responsibility requirements, or imposing any taxes or fees for losses or costs not compensated by this Act.

Authorizes the President to delegate and assign duties or powers imposed upon him by the Executive and to promulgate necessary regulations.

Sets forth reporting requirements and effective dates, and makes conforming amendments to the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, and the Outer Continental Shelf Lands Act.