05/15/2001
WASHINGTON, May 15, 2001 -- The small-business group NFIB today applauded the introduction of bipartisan legislation, the Small Business Liability Protection Act (HR 1831), that would protect small firms from unfair Superfund liability.
The bipartisan bill is sponsored by U.S. Reps. Paul Gillmor (5th Dist. - Ohio -- R), Frank Pallone (6th Dist. - N.J. - D), John J. Duncan, Jr. (2nd Dist. - Tenn. - R), Peter DeFazio (4th Dist. - Ore. - D), John Shimkus (20th Dist. - Ill. - R) and other members from both sides of the aisle. The legislation would remove innocent small businesses from Superfund, streamline the legal process and maintain EPA's ability to hold polluters accountable. The landmark bipartisan legislation marks the first solid agreement on the issue among all key parties on the House committees of jurisdiction. Committee action on the legislation will begin this week, with a possible vote on passage in the U.S. House as soon as next week.
"This bill reflects months of negotiations and bipartisan efforts," said NFIB President Jack Faris. "These sponsors deserve a lot of credit for their leadership and we look forward to moving this monumental, bipartisan agreement through the legislative process and towards a speedy enactment. It's long past time for Congress to stand up and finally protect innocent small businesses from being dragged into unfair Superfund litigation."
The bipartisan bill focuses on four items. Together, these provisions protect innocent small businesses from unfair Superfund litigation and direct money away from unnecessary lawsuits and toward cleaning up the nation's most polluted waste sites:
DeMicromis Exemption: The legislation provides that a person is not responsible for the costs associated with cleanup at a Superfund site if they disposed or arranged for disposal of less than 110 gallons of non-hazardous liquid or less than 200 pounds of non-hazardous solid material before April 1, 2001.
Municipal Solid Waste (MSW) Exemption: MSW, as defined by this bill, includes items that are essentially the same as household garbage and do not by law require any special means of disposal. The legislation exempts a business from liability under Superfund if they employ no more than 100.
Costs and Fees: If a private party files a lawsuit against a small business despite the small business's exemption from liability under this legislation, the moving party must pay costs associated with the small business's defense.
Expedited Settlement (Ability to Pay): The bill allows EPA to settle a cleanup claim with a small business for a lesser amount if the business can show a financial inability to pay for the cleanup and otherwise fully cooperates with the government in its cleanup efforts.
CONTACT: Michelle Dimarob, (202) 554-9000
