Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include within the definition of "remove and removal" the cost of permanent relocation of residents where it is determined that such permanent relocation is cost effective or may be necessary to protect health or welfare. Provides that expenses related to evacuation and housing for families and individuals includes the payment of the principal and interest on the home mortgage which accrues between the date of evacuation and temporary relocation and the date on which the temporary relocation ceases and payment of those costs necessary to meet the serious needs of such individual or family arising from the adverse effects of the evacuation or temporary relocation. Provides that expenses related to evacuation of businesses includes the payment of those installments or principal and interest on business debt which accrue between the date of evacuation and relocation 30 days following the date of permanent relocation or the date on which temporary relocation ceases. Permits assistance for unemployed individuals as a result of an evacuation or relocation.
Provides compensation for injury from exposure to certain hazardous substances.
Permits individuals who allege that they have sustained damages for which compensation payable under this Act to file an application for such compensation with the Administrator of the Environmental Protection Agency (EPA).
Directs the Administrator to pay compensation to individuals who establish by a preponderance of the evidence that they have suffered physical injuries or illnesses which were caused by an exposure to a hazardous substance: (1) from a facility or site where it was stored, treated, or disposed of; or (2) during transportation to such a facility or site. Directs the Administrator to pay compensation to dependents of deceased individuals if such dependents establish to the satisfaction of the Administrator that the death of such deceased individual was caused by any such exposure.
Provides that compensation to individuals who have suffered a physical injury or illness shall consist of: (1) a payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death concerned; and (2) an amount equal to two-thirds of the injured, ill, or deceased person's earnings which are lost by reason of the physical injury, illness, or death. Limits such compensation for loss of earnings to $2,000 per month. Provides that compensation to dependents shall be equal to such compensation for medical costs and loss of earnings, plus reasonable burial expenses. Directs the administrator to: (1) promulgate rules regarding equitable allocation of compensation payable where there are two or more dependents; and (2) compute the amount of compensation to be awarded to any applicant and determine the method, terms, and time of payment.
Provides that payments made under this Act shall be charged against amounts available in funds established under this Act (i.e. the Victims Compensation Trust Fund or, where the Administrator determines that the exposure was attributable to a facility which had received a permit under hazardous waste management provisions of the Solid Waste Disposal Act, the Post-Closure Victims Trust Fund). Provides that claims against either of such funds which are in excess of the total money in the fund concerned shall become valid and shall be paid in the same manner as provided under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Sets forth procedures for determination of claim payments. Directs the Administrator to: (1) use the procedures used by the Secretary of Health and Human Services in determining entitlement to disability insurance benefit payments; and (2) arrange with the Secretary to use the personnel and office of the Social Security Administration for administration and determination of claims filed under this Act. Sets forth provisions relating to presumption of causation. Sets forth factors relevant to the issues of causation. Sets forth requirements relating to medical tests, examinations, and other investigations, and to hearings with respect to such claims.
Requires that, whenever such a claims payment is made to an applicant, the United States be: (1) subrogated to the rights of such applicant under any other provisions of law (including provisions of this Act relating to the liability of certain persons) for the full amount of such payment; and (2) entitled to recover all administrative and adjudicative costs and attorneys fees incurred by the United States by reason of the applicant's claim. Directs the Attorney General to protect and enforce such rights of subrogation. Requires that amount thus recovered by the United States be deposited in the funds established under this Act, as may be appropriate based on the source of the funds used to pay the claim involved.
Sets forth provisions for judicial review of final determinations made by the Administrator under this Act.
Sets forth provisions for recovery of an additional amount in a subsequent claim by an individual who establishes that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time the prior claims application was made.
Prohibits entitlement to compensation in the case of any applicant who, by action or inaction, intentionally causes or contributes to the injury, illness, or death on which the claim is based. Sets forth conditions for such prohibition.
Provides that, with certain exceptions, any person who is responsible for the release of a hazardous substance from a facility is strictly liable, jointly and severally, for: (1) all damages for actual economic loss and (2) all damages for death, personal injury or disease. Precludes liability for damages resulting from the release of a pollutant or contaminant which is not a hazardous substance.
Provides that there is no liability under this Act for death, personal injury, or disease of an employee which is compensable under provisions of State law as an injury or disease arising out of and in the course of employment.
Subjects the liability of a political subdivision to the limits imposed by state law.
Exempts any person who accepts only household refuse for transport to a treatment or disposal facility from liability under this Act for the release or threatened relase of hazardous substances unless he knew or reasonably should have know that the hazardous substance was present in the refuse.
Provides that a defense to liability may be that the release or threatened release of the hazardous substance was caused by: (1) an act of God: (2) an act of war; (3) an act of vandalism or sabotage; or (4) an act or ommission of a third party or the plaintiff. Treats the intervening acts of public agencies in the release or threatened release of a hazardous substance as removing the responsibility for the release of the hazardous substance from the persons responsible for the release.
Considers releases of hazardous substances subject to certain permits or standards or pursuant to the Federal post-closure fund to be a defense to liability under these provisions.
Provides that rendering assistance in response actions to any release or threatened release of a hazardous substance will be considered a defense to liability.
Requires the person claiming a defense to liability to prove all elements of the defense by the preponderance of the evidence.
Prohibits a court, in an action to recover damages for death, personal injury, or disease arising out of the release of a hazardous substance, from directing the verdict against the plaintiff if the plaintiff produced evidence sufficient to find that: (1) the defendant is a person who is responsible for the release; (2) the plaintiff was exposed to the hazardous substance; (3) the release could reasonably have resulted in plaintiff's exposure to the substance in the amount and duration experienced by the plaintiff, and (4) the death, injury, or disease suffered by the plaintiff is caused or significantly contributed to by exposure to the hazardous substance in an amount and duration experienced by the plaintiff.
Permits the trier of fact to apportion liability among the parties involved in the action. Sets forth factors to be considered in apportioning liability. Permits a party who establishes his proportionate share of the aggregate liability to seek appropriate contribution from other persons sharing such liability.
Prohibits any owner or operator of a facility or any other person who may be liable under this Act to avoid that liability by means of any conveyance of any right, title, or interest in real property or by an indemnification, hold harmless agreement, or similar agreement.
Establishes a ten year statute of limitations for bringing suit for damages under this Act. Sets forth factors the court may use in determining when the cause of action accrues.
Provides that nothing in these provisions should be construed to abolish or diminish any remedy or affect the right of any person to bring a legal action or use any remedy available under any other provision of state or federal law to recover for personal injury, disease, economic loss or response cost arising out of a release of any hazardous substance, or for removal or the cost of removal of that hazardous substance.
Prohibits recovery of damages pursuant to these provisions and another law. Permits the awarding to the prevailing party any costs, disbursements, and reasonable attorney fees and witness fees.
Establishes the Victims Compensation Trust Fund in the Treasury. Appropriates to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the additional environmental taxes; and (2) the amounts recovered on behalf of such fund and penalties assessed under this Act. Authorizes appropriations to such fund for FY 1986 through 1992. Sets forth administrative provisions and requirements relating to expenditures from such fund.
Establishes the Post-Closure Victims Trust Fund in the Treasury. Sets forth administrative provisions and requirements for expenditures from such fund.
Amends the Internal Revenue Code to impose additional environmental taxes on petroleum and certain chemicals. Provides that such taxes shall be imposed until the earlier of: (1) September 30, 1990; or (2) the date on which the total amount received in the Victims Compensation Fund through such taxes and through specified other sources totals a specified amount.
Amends the Internal Revenue Code to impose an additional environmental tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Provides that such tax shall apply to such receipt after September 30, 1985. Provides that if, as of September 30 of any subsequent calendar year, the unobligated balance of the Post-Closure Victims Trust Fund exceeds a specified amount, such tax will not be imposed during the following calendar year.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to House Committee on Public Works and Transportation.
Referred to House Committee on Ways and Means.
Referred to Subcommittee on Commerce, Transportation and Tourism.
Referred to Subcommittee on Water Resources.
Committee Hearings Held.
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