Hazardous Waste Response Fund Act of 1979

Hazardous Waste Response Fund Act of 1979 - States that the provisions of this Act shall not apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to establish a hazardous waste response program for dealing with emergencies involving the release or threat of release of hazardous waste into the environment from sites now regulated under Federal law. Authorizes the Administrator of the Environmental Protection Agency to take such emergency response actions as determined to be immediately necessary to prevent or minimize any harm to public health or the environment when any hazardous waste is released or is threatened to be released into the environment. Stipulates that where the Administrator determines that the owner or operator of such site, the generator of such waste, any other person responsible for such release or threatened release, or the State or local government concerned, will take such emergency actions, the Administrator shall not exercise such emergency response authority. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such emergency actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of emergency actions which are authorized. Authorizes the Administrator to remove, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present a danger to public health or the environment. Directs the Administrator not to exercise such authority if he determines that the owner or operator of such site, the generator of waste treated, stored or disposed of at such site, any other person responsible for such site, or the State or local government concerned, will take the action referred to in this paragraph. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of containment and removal actions which are authorized. Authorizes the Administrator to provide special rapid emergency assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazardous substances released into the environment in a manner which may present an imminent and substantial endangerment to public health or the environment. Stipulates that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such hazardous substance release. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other that this Act. Directs the Administrator to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such wastes shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Authorizes the Administrator to provide equipment and other items necessary for damage assessment and response capability of Federal, State, and local strike forces or other emergency response teams. Limits the Federal share of the cost of actions taken by the Administrator under this Act. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon his determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Directs the Administrator to issue regulations prohibiting the release of hazardous waste into the environment. Requires owners or operators of hazardous waste sites and persons responsible for hazardous waste releases or threatened releases violating the regulations issued under this Act to notify the Administrator thereafter. Prohibits any person from knowingly destroying or concealing records relating to hazardous wastes or hazardous waste sites. Authorizes the Administrator to require, by order, any owner or operator of a hazardous waste site or generator of hazardous waste to take such action as may be required for removal, containment, or cleanup of released hazardous waste. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act, up to $50,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal penalties and imprisonment upon the owner or operator of a hazardous waste site or upon any other party responsible for a hazardous waste release for failure to comply with the notification requirements of this Act. Authorizes anyone taking actions under this Act as authorized by the Administrator to exercise the entry, inspection, and other authority contained in the applicable inspection provisions of the Solid Waste Disposal Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on November 2, 1979. It describes the bill, it is not the legal text.

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