Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1985

Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include under CERCLA any hazardous substance identified under the Solid Waste Disposal Act and not just hazardous wastes.

Title I: Provisions Relating Primarily to Response - Confirms presidential discretion to decide when the responsible parties are authorized to conduct cleanup of a hazardous substance in lieu of a Superfund-financed response.

Limits Superfund response authority to the release of hazardous substances (current law includes pollutants or contaminants) from uncontrolled waste sites which represent a risk to the public health and environment. (Current law is not limited to uncontrolled sites and includes risk to the public welfare.)

Increases from six months to one year the time limit on hazardous substances removal actions. Includes among the criteria for waiving the one year and one million dollar limit a presidential finding that a response action is appropriate and consistent with a permanent remedy. Includes the permanence of the remedy among the criteria for selecting a remedial action as well.

Eliminates additional criteria for off-site disposal, rendering CERCLA neutral as to choice of on-site or off-site remedies.

Deletes the requirement that the National Contingency Plan (NCP) include at least 400 high priority facilities as response targets. Permits States to make only one highest priority designation on the National Priorities List (NPL) under the NCP.

Permits a cooperative agreement or contract between the Federal Government and a State for cleanup to cover more than one facility, reimbursable from Superfund.

Increases from 50 to 75 percent the minimum State share of cleanup for releases from State or municipally owned and operated facilities, excluding navigable waters and underlying beds.

Prohibits the use of Superfund for cleanup actions in States that do not assure the availability of hazardous waste disposal capacity sufficient to handle that State's needs during a time period to be specified by the President. Excludes the provision of alternative drinking water supplies, the temporary relocation of affected residents, or emergency actions from such prohibition.

Increases a State's share of costs for such nonemergency actions and for out-of-State transporting of wastes.

Requires public notice and an opportunity for public comment on any proposed response action.

Restates the role of the Agency for Toxic Substances and Disease Registry (ATSDR) to implement the health-related authorities of CERCLA to support response actions through health assessment, technical assistance, and research.

Authorizes the Administrator of the Environmental Protection Agency (EPA) as well as the States or local governments to request the ATSDR to conduct health assessments or provide assistance. Authorizes EPA to perform exposure and risk assessments at a release site.

Directs the President to specify in the NCP the extent to which removal or remedial actions under Superfund should comply with other laws or standards, considering: (1) the level of protection provided by other standards; (2) the technical feasibility; (3) the nature of the response; (4) the need for expediency; and (5) the need to preserve Superfund for response to other releases.

Limits cleanup contractor liability for future response costs.

Restates the responsibility of Federal and State natural resources trustees to assess damages to resources under their jurisdiction. Permits Federal trustees to perform a State's assessment on a reimbursable basis. Eliminates the use of Superfund to pay trustees for damage to natural resources but maintains such trustees' ability to recover from responsible parties. Makes Federal agencies with accountability for specific Federal facilities sole trustees of natural resources on, under, or above such facilities for CERCLA purposes.

Revises response claims procedures for NCP costs from Superfund by restating the President's authority to preauthorize claims, reducing the number of steps, and substituting an administrative hearing process for the arbitration procedure. Increases fines for false claims.

Treats Indian tribes like States for purposes of CERCLA, granting to them the authority to enter into cooperative cleanup agreements, be reimbursed from Superfund, and be notified of releases affecting Indian lands. Permits the Department of the Interior to make assurances of future maintenance of remedial actions for response actions on Indian lands held in trust by the Federal Government.

Deletes the provision preempting States from imposing taxes already covered by CERCLA.

Increases from ten to 20 percent the State share of remedial action costs at privately-owned facilities.

Title II: Provisions Relating Primarily to Enforcement - Increases criminal and adds civil penalties for failure to report the release of hazardous substances in excess of prescribed levels.

Limits the bringing of claims for contribution or indemnification in imminent hazard and cost recovery actions once enforcement is underway until after a judgment or settlement is reached. Excludes from liability for contribution for a particular release any person who has settled with the Federal or State government concerning such release. Subordinates all others' claims to those of the Federal Government.

Restates the President's right to access and information concerning the release or threatened release of hazardous substances, including procedures for acquiring such access and information through civil action if consent is not granted or entry is greeted with interference.

Authorizes the President to enter into a consent administrative order with the affected party to conduct remedial investigations and feasibility studies (RIFS) to serve as the basis for EPA's choice of the appropriate remedy. Establishes civil enforcement measures.

Removes treble damage provisions for failure to comply with response authority orders.

Makes a responsible party liable for Federal cleanup costs in response to a post-Resource Conservation and Recovery Act of 1976 (RCRA) (Solid Waste Disposal Act) release or threatened release of a hazardous substance from a treatment, storage, or disposal facility.

Establishes a six-year statute of limitations for filing cost recovery actions. Establishes a three-year statute of limitations for damage, contribution, and subrogated rights actions.

States that there is no pre-enforcement judicial review of selected response actions. Limits review of the adequacy of a federally-selected response action to the administrative record. Sets forth petition procedures for reimbursement of responsible parties after completion of the required action.

Permits the United States to serve process on a defendant under CERCLA in any district where such defendant may be found.

Limits abatement authority to situations where an imminent and substantial endangerment to the public health or the environment exists because of an actual or threatened release of a hazardous substance from a facility. (Deletes current law references to endangerment of the public welfare.)

States that response costs and damages owed the United States constitute a lien against the affected real property.

Increases criminal penalties for records destructions. Increases civil penalties for violation of abatement orders.

Provides procedures for administrative settlement of CERCLA claims.

Subjects foreign vessels releasing hazardous substances in areas subject to U.S. jurisdiction to CERCLA.

Title III: Amendments to the Internal Revenue Code of 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code of 1954 to extend the tax on petroleum through FY 1990 unless the unobligated balance in the Hazardous Substance Response Trust Fund (Superfund) exceeds one and one half billion dollars and is likely to continue to do so for the following calendar year as of the end of FY 1988 or 1989.

Amends the taxes on hazardous wastes to impose a tax on the receipt of hazardous waste for transport from the United States for the purpose of ocean disposal and on the exportation of hazardous waste from the United States as well as on the receipt of hazardous waste at a qualified hazardous waste management unit. Sets forth tax rates for each ton of hazardous waste received on land, starting at $9.80 per ton in FY 1986 and increasing gradually to $16.32 in FY 1990 and 1991. Sets tax rates for hazardous waste exported or received for ocean disposal at $2.61 per ton in FY 1986, with a gradual increase to $4.37 in FY 1990 and 1991.

Excludes from such tax waste disposal actions pursuant to approved removal or remedial action under CERCLA for releases before FY 1986.

Imposes the tax on the receipt of hazardous waste on the owner or operator of the hazardous waste management unit or the vessel used to transport such waste for ocean disposal. Imposes the tax on the exportation of hazardous waste on the exporter of such waste.

Terminates such tax after FY 1990 unless the Superfund receipts total less than $5,200,000, in which case such tax may be extended through March 31, 1991.

Requires these tax rates to be adjusted annually based upon the total revenue collected in Superfund to meet projected revenue amounts. Sets forth the formula for adjusting each fiscal year's tax rates.

Grants a credit for tax paid upon the covered hazardous waste being received at another qualified facility, dumped in the ocean, or exported. Sets forth the formula for computing such credit or refund.

Directs each person on whom a tax on hazardous waste is imposed to report to the Secretary of the Treasury required information as well as information such person provides the Administrator under the Solid Waste Disposal Act. Establishes civil penalties for violations of such reporting requirements.

Repeals the Post-Closure Liability Trust Fund.

Establishes in the Treasury the Hazardous Substance Superfund (Superfund) to consist of taxes received pursuant to this Act, amounts recovered under CERCLA and the oil spill cleanup provisions of the Clean Water Act, and the balance of the Post-Closure Liability Trust Fund.

Authorizes the use of Superfund only for releases or threatened releases of hazardous substances as specified in CERCLA. Authorizes Superfund to borrow necessary funds on a limited basis. Sets forth terms of repayment of advances. Limits the liability of the United States to the amount in Superfund, on a first come, first served basis.

Terminates the authority to collect these taxes when the amount in the Superfund reaches $5,300,000,000.

Treats the Hazardous Substance Superfund as a continuation of the Hazardous Substance Response Trust Fund.

Title IV: Miscellaneous Provisions - Makes limited response amendments under this Act effective for release sites listed on the NPL after January 1, 1985.