Volume 145, No. 101 covering the 1st Session of the 106th Congress (1999 - 2000) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PASSAGE OF COLORADO HOUSE JOINT RESOLUTION 99-1046” mentioning the Environmental Protection Agency was published in the Extensions of Remarks section on pages E1572 on July 16, 1999.
The publication is reproduced in full below:
PASSAGE OF COLORADO HOUSE JOINT RESOLUTION 99-1046
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HON. BOB SCHAFFER
of colorado
in the house of representatives
Friday, July 16, 1999
Mr. SCHAFFER. Mr. Speaker, the state of Colorado has requested Congress reform its ``Superfund'' law to address the needs of businesses. Our position on this important matter has been established by the Colorado General Assembly though the passage of Colorado House Joint Resolution 99-1046.
This measure was authored and sponsored by State Representative Jack Taylor and State Senator Dave Wattenberg. I hereby submit Colorado's Resolution for the Record and urge its consideration by my colleagues in formulating useful solutions to federal superfund laws.
Colorado General Assembly
HOUSE JOINT RESOLUTION 99-1046
By Representatives Taylor, Alexander, Fairbank, Hefley, Hoppe, Johnson,
Kaufman, Kester, King, Larson, McKay, Miller, Nunez, Paschall, Spradley, Stengel, Webster, Young; also Senators Wattenberg, Blickensderfer, Chlouber, Epps, Evans, Hillman, Owen, Powers.
Concerning a request for amendment of the federal ``Superfund'' law to address the needs of businesses.
Whereas, the General Assembly commends the intent underlying the federal Superfund law, namely, the desire to protect human health and the environment first while deferring until later the assessment of blame and the collection of costs from persons found to be liable; and
Whereas, The Superfund law generally serves this intent in cases where causation is clear; and
Whereas, The Superfund law has proven not to serve as well in other cases; and
Whereas, Specifically, the Superfund liability system leads to excessive litigation for businesses, uncertainties in responsibility that hamper access to capital, unwarranted delays in the resolution of liability, and lack of responsiveness to the particular needs of business enterprises; and
Whereas, Such problems are most vexing in the case of speciality oil change service stations, general automobile service stations, and other businesses that generate used oil in their daily activities and centrally collect and recycle used oil that would otherwise be disposed of by uncertain means and eventually become dispersed in the environment; and
Whereas, A businesses of this kind that contracts with an oil collection and recycling firm certified by the Environmental Protection Agency should be able to depend on such certification and continue to operate in good faith, without fear of future liability; and
Whereas, Nevertheless, the current Superfund law does not offer even this basic level of protection to a business that makes every effort to be environmentally responsible; and
Whereas, Businesses are committed to environmental protection, but have serious concerns with the current Superfund program; and
Whereas, Reforming the Superfund program to address the needs of businesses would contribute to their continued viability and to the economic health of the state as a whole; now, therefore,
Be it Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:
That we, the members of the Colorado General Assembly, hereby request the Congress of the United States to make the following changes to the Superfund law:
1. Eliminate third-party litigation and instead adopt a streamlined expedited, and informal process to quickly allocate responsibility among all parties potentially liable for cleanup of a Superfund site.
2. For businesses that accept their responsibility as allocated under the streamlined process, or that did not have the legal right to control the site during periods when contamination occurred, provide immunity from further liability.
3. Include, as part of the streamlined process, a means for determining and declaring minimis liability for contamination at a site within 180 days. If the 180-day period is exceeded by more than 120 days, relieve business de minimis parties of all liability unless the delay is outside the control of the Environmental Protection Agency.
4. Make the ability to pay an explicit, required criterion for allocation of financial responsibility to a business, taking into account the business's overall financial condition and its ability to raise revenue.
Be it further resolved, That copies of this resolution be sent to each member of Colorado's Congressional delegation and to the administrator of the Environmental Protection Agency.Russell George,
Speaker of the House of Representatives.Ray Powers,
President of the Senate.Judith M. Rodrigue,
Chief Clerk of the House of Representatives.Patricia K. Dicks,
Secretary of the Senate.
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