HAZARDS OF WASTE
Legislation recently passed the U.S. House of Representatives that would provide Superfund liability protection for small businesses that disposed of municipal solid waste before April 1, 2001. According to Julie Gackenbach, NAII director of government relations in NAII’s Washington office, approval of HR 1831 by the House is a giant leap forward in protection for small businesses; however, comprehensive reform of the Superfund program still needs to be addressed by Congress, continuing its momentum toward approval of Brownfields legislation. Gackenbach said that HR 1831 would provide liability protection for small businesses (fewer than 100 full-time employees) unless: the disposal contributed significantly to cost of the cleanup; the company impeded the investigation or performance of the cleanup; the company or an employee was convicted of a crime related to the disposal of the hazardous waste. An exception would be provided in cases where the total amount of the hazardous substance is less than 110 gallons of liquid material or less than 200 pounds of solid material. HR 1831 now goes to the Senate for approval.