15f5
<PRE>[DOCID: f:s1495is.txt]






107th CONGRESS
  1st Session
                                S. 1495

 To amend the Comprehensive Environmental Response, Compensation, and 
  Liability Act of 1980 to modify provisions concerning the liability 
    associated with a release or threatened release of recycled oil.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2001

Mr. Smith of New Hampshire (for himself and Mr. Inhofe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
  Liability Act of 1980 to modify provisions concerning the liability 
    associated with a release or threatened release of recycled oil.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECYCLED OIL LIABILITY.

    Section 114 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9614) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Recycled Oil.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Recycled oil.--The term `recycled oil' has 
                the meaning given the term in section 1004 of the Solid 
                Waste Disposal Act (42 U.S.C. 6903).
                    ``(B) Used oil.--The term `used oil' has the 
                meaning given the term in section 1004 of the Solid 
                Waste Disposal Act (42 U.S.C. 6903).
            ``(2) Sale, repair, and service of motor vehicles.--With 
        respect to any filling station, garage, or retail establishment 
        that sells, repairs, or services motor vehicles and of which 
        the primary function is not the generation of used oil--
                    ``(A) a person--
                            ``(i) may not recover from the filling 
                        station, garage, or retail establishment, under 
                        paragraph (3) or (4) of section 107(a), any 
                        response costs or damages for injury resulting 
                        from a release or threatened release of 
                        recycled oil; and
                            ``(ii) may not use any authority under 
                        section 106 against a filling station, garage, 
                        or retail establishment (except for a filling 
                        station, garage, or retail establishment 
                        described in paragraph (1) or (2) of section 
                        107(a));
                unless the filling station, garage, or retail 
                establishment did not comply with all applicable 
                requirements governing the storage, treatment, 
                transportation, or management of the recycled oil that 
                were in effect on the date on which the storage, 
                treatment, transportation, or management of recycled 
                oil occurred;
                    ``(B) any oil at the filling station, garage, or 
                retail establishment shall be presumed not to have been 
                mixed with any other hazardous substance if the oil--
                            ``(i)(I) has been removed from the engine 
                        of a light duty motor vehicle or household 
                        appliance by the owner of the vehicle or 
                        appliance; and
                            ``(II) is presented by the owner of the 
                        vehicle or appliance to the filing station, 
                        garage, or retail establishment for collection, 
                        accumulation, and delivery to a facility that 
                        recycles oil; or
                            ``(ii) has been removed from an engine or 
                        appliance by the filling station, garage, or 
                        retail establishment for collection, 
                        accumulation, and delivery to a facility that 
                        recycles oil; and
                    ``(C) nothing in this paragraph affects or modifies 
                any obligation or liability of any filling station, 
                garage, or retail establishment under any other 
                provision of Federal or State law (including under a 
                regulation or common law) for--
                            ``(i) damages, injury, or loss resulting 
                        from a release or threatened release of any 
                        hazardous substance; or
                            ``(ii) a removal or remedial action or any 
                        cost of a removal or remedial action.
          ``(3) No effect on final actions.--Paragraph (2) shall not 
        affect any final judicial or administrative action.''.
            ``(4) Applicability.--This subsection shall apply to a 
        filling station, garage, or retail establishment referred to in 
        paragraph (2), on and after the date on which any storage, 
        treatment, transportation, or management of recycled oil at the 
        filling station, garage, or retail establishment first 
        occurred.''.
                                 &lt;all&gt;

0