H.R. 3043 (103rd): Industrial and Commercial Land Recycling Act

103rd Congress, 1993–1994. Text as of Sep 09, 1993 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3043 IH

103d CONGRESS

1st Session

H. R. 3043

To provide for the voluntary environmental cleanup of existing industrial sites; to further define the cleanup liability of new industries, financial institutions and tenants; to provide for the voluntary cleanup of industrial sites by responsible owners; to define cleanup liabilities on abandoned industrial sites; to establish the Cleanup Loan Fund and the Industrial Land Recycling Fund to aid industrial site cleanups; and to provide for the registration of environmental consulting professionals.

IN THE HOUSE OF REPRESENTATIVES

September 9, 1993

Mr. RIDGE introduced the following bill; which was referred jointly to the Committees on Energy and Commerce and Public Works and Transportation


A BILL

To provide for the voluntary environmental cleanup of existing industrial sites; to further define the cleanup liability of new industries, financial institutions and tenants; to provide for the voluntary cleanup of industrial sites by responsible owners; to define cleanup liabilities on abandoned industrial sites; to establish the Cleanup Loan Fund and the Industrial Land Recycling Fund to aid industrial site cleanups; and to provide for the registration of environmental consulting professionals.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Industrial and Commercial Land Recycling Act’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--GENERAL PROVISIONS

      Sec. 101. Findings.

      Sec. 102. Definitions.

      Sec. 103. Implementation and regulations.

      Sec. 104. Liability of persons conducting environmental assessments.

      Sec. 105. Applicability.

TITLE II--INNOCENT LANDOWNER AND RESPONSIBLE OWNER CLEANUPS

      Sec. 201. Applicability.

      Sec. 202. Cleanup plans.

      Sec. 203. Protection from liability.

      Sec. 204. Cleanup guarantee.

      Sec. 205. Voluntary Cleanup Loan Program.

      Sec. 206. Penalty.

TITLE III--ABANDONED INDUSTRIAL LAND REDEVELOPMENT

      Sec. 301. Applicability.

      Sec. 302. Environmental assessment.

      Sec. 303. Cleanup liability.

      Sec. 304. Owner responsibilities.

      Sec. 305. Transferability.

      Sec. 306. Third parties.

      Sec. 307. Funding.

TITLE IV--NO ACTION DETERMINATIONS

      Sec. 401. No action determinations.

      Sec. 402. Review deadline.

      Sec. 403. Applicability.

      Sec. 404. Exclusions and conditions.

      Sec. 405. Transferability.

      Sec. 406. Third parties.

TITLE V--REGISTRATION OF ENVIRONMENTAL PROFESSIONALS

      Sec. 501. Registration.

      Sec. 502. Qualifications.

      Sec. 503. Withholding registration.

      Sec. 504. Registration fee.

TITLE VI--MISCELLANEOUS PROVISIONS

      Sec. 601. Industrial Land Recycling Fund.

      Sec. 602. Enforcement.

      Sec. 603. Delegation to States.

      Sec. 604. Authority reserved.

      Sec. 605. Construction.

      Sec. 606. Effective date.

TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress finds the following:

      (1) The reuse and redevelopment of existing industrial and commercial land should be encouraged as a sound land use management policy to prevent the needless development of prime farmland, open space, and natural and recreation areas, and to prevent the expansion of urban sprawl.

      (2) Hundreds of unused industrial sites should be returned to being useful, tax producing properties to protect existing employment opportunities and to provide new opportunities.

      (3) Persons interested in redeveloping existing industrial sites must have a method of determining with certainty what their legal liabilities and cleanup responsibilities will be when they plan the reuse of existing sites. Financial institutions which invest in the reuse of existing sites and the subsequent owners or lease holders must also be given this same degree of certainty.

      (4) Incentives should be put in place to encourage companies to voluntarily develop and implement cleanup plans without the need for adversarial enforcement actions by the Environmental Protection Agency, which frequently only serve to delay cleanups and increase their cost.

      (5) Cleanup responsibilities should be based on the actual risk that contamination on the site may pose to public health and the environment taking into account its future use, and on the degree to which contamination can spread off-site and expose the public or the environment to risk, not on cleanup policies based solely on the need to return every site in the Nation to a pristine condition.

SEC. 102. DEFINITIONS.

    For purposes of this Act, the following definitions apply:

      (1) The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.

      (2) The term ‘CERCLA’ means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

      (3) The term ‘EPA’ means the Environmental Protection Agency.

      (4) The term ‘Hazardous Substance Superfund’ means the fund established by section 9507 of the Internal Revenue Code of 1986.

      (5) The term ‘hazardous substance’ has the meaning provided that term by section 101(14) of CERCLA.

      (6) The term ‘industrial activity’ means commercial, manufacturing, or any other activity done to further either the development, manufacturing, or distribution of goods and services, including administration, research and development, warehousing, shipping, transport, remanufacturing, and repair and maintenance of commercial machinery and equipment.

      (7) The term ‘person’ means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, authority, nonprofit corporation, interstate body or other legal entity which is recognized by law as the subject of rights and duties. The term includes the United States Government, a State, and a political subdivision of a State.

      (8) The term ‘remediate’ means cleanup, mitigate, correct, abate, minimize, eliminate, prevent, study, or assess a release of a regulated substance into the environment in order to protect the present or future public health, safety, welfare, or the environment.

SEC. 103. IMPLEMENTATION AND REGULATIONS.

    The Environmental Protection Agency shall implement this Act and may promulgate any regulations needed to do so. Any regulations needed to implement this Act shall be proposed by the Environmental Protection Agency no later than 6 months after the date of the enactment of this Act and shall be promulgated no later than 18 months after such date.

SEC. 104. LIABILITY OF PERSONS CONDUCTING ENVIRONMENTAL ASSESSMENTS.

    A person shall not be considered a person responsible for a release or a threatened release of a hazardous substance simply by virtue of conducting an environmental assessment on a property. Nothing in this section relieves a person of any liability for failure to exercise due diligence in performing an environmental assessment.

SEC. 105. APPLICABILITY.

    This Act does not apply to properties listed or proposed on the National Priorities List established under CERCLA.

TITLE II--INNOCENT LANDOWNER AND RESPONSIBLE OWNER CLEANUPS

SEC. 201. APPLICABILITY.

    (a) IN GENERAL- This title applies to a person who is an innocent landowner or a responsible owner.

    (b) INNOCENT LANDOWNER- For purposes of this title, an innocent landowner is a person--

      (1) who either intends to own, as expressed as an option to buy or other formal agreement, or who owns, a parcel of real property on which industrial activities take place;

      (2) who did not, by act or omission, cause or contribute to any contamination or to the release or threatened release of a hazardous substance on the real property; and

      (3) who intends to reuse or redevelop the property to retain or expand employment or who is using the property to retain or expand employment.

    (c) RESPONSIBLE OWNER- For purposes of this title, a responsible owner is a person--

      (1) who owns a parcel of real property on which industrial activities take place; and

      (2) who intends to reuse or redevelop the property to retain or expand employment or who is using the property to retain or expand employment.

SEC. 202. CLEANUP PLANS.

    (a) IN GENERAL- A person to which this title applies may submit a cleanup plan with respect to a parcel of real property to the Environmental Protection Agency for review and approval. The Administrator shall review the plan and make a decision on whether the plan meets the requirements of this section within no more than 90 days after receipt of the plan.

    (b) CONTENTS OF PLAN- A cleanup plan shall include the following with respect to the real property concerned:

      (1) An environmental assessment of the property which describes the contamination, if any, on the property and the significant actual risk it poses to public health and the environment.

      (2) Proposals to remediate any contamination or condition causing a release or threatened release which poses an immediate, direct, or imminent actual risk to public health and the environment, considering the present or future use of the property.

      (3) Descriptions of measures needed to remove significant actual risks to public health and the environment considering the future use of the property, and a timetable for implementing the measures and for monitoring the measures after they have been completed. The plan is not required to provide for the removal or remediation of the conditions or contaminants causing a release or threatened release on the identified property if the Environmental Protection Agency determines that--

        (i) activities required to undertake the proposed reuse or redevelopment of the property are proposed to be conducted in a manner which will protect public health and the environment;

        (ii) any reuse or redevelopment of the property will not aggravate or contribute to contamination of the air, land, or water or to a release or threatened release; and

        (iii) the owner of the property agrees to cooperate with the Environmental Protection Agency or other persons acting at the direction of the Environmental Protection Agency in taking response actions which may be necessary to address any contamination, condition, or releases or threatened releases not identified in the Voluntary Cleanup Plan or required to be removed or remediated at a later date.

      (4) Descriptions of any proposed deed restrictions on the present or future use of the property designed to prevent contamination or protect the integrity of cleanup measures installed on the site.

    (c) RISK ASSESSMENT- Remediation proposals included in a cleanup plan pursuant to subsection (b)(2) for a property shall be based on the actual risk to human health and the environment posed by contaminants on the property, considering the following factors:

      (1) The intended and allowable use or subsequent uses of the property.

      (2) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels considered to be a significant health risk.

      (3) The potential risk to human health and the environment of containing and isolating contaminants in a manner which prevents harmful exposure to employees on the property, to the public, and to the environment.

      (4) The potential environmental risks of proposed cleanup alternatives and their economic and technical feasibility and reliability.

    (d) PUBLIC REVIEW- A proposed cleanup plan shall be subject to a 30-day public review and comment period. Notice of the proposed plan shall be published in the Federal Register and a newspaper of general circulation serving the area in which the identified property is located. The Environmental Protection Agency may hold a public hearing on the plan if one is requested.

    (e) CERTIFICATION OF EMPLOYMENT RETENTION OR EXPANSION- The person submitting a cleanup plan under this section shall also submit to the Environmental Protection Agency a certification regarding employment retention or expansion. The certification shall be a statement signed by the person that the person intends to retain the same level of employment at the property, or expand employment opportunities by a specific number, for at least 5 years after approval of the cleanup plan by EPA.

    (f) CERTIFICATION OF COMPLETION- A person who submits a cleanup plan under this section may request the Environmental Protection Agency to provide a written certification that the plan has been completed. The Environmental Protection Agency shall provide such a certification not later than 30 days after such a request is made.

    (g) DEED RESTRICTION- A cleanup plan may include a proposal for placing a restriction on the deed for the property covered by a cleanup plan which restricts the uses of the property to industrial activities as specified in the cleanup plan or to protect the integrity of cleanup measures.

SEC. 203. PROTECTION FROM LIABILITY.

    (a) PROTECTION- Any person to which this section applies shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (including claims for contribution or citizen suits) for any contamination included in or not included in the plan for the identified property, if the person undertakes and the Environmental Protection Agency certifies as complete (under section 202(f)) the actions to remove or remediate contamination or releases or threatened releases of hazardous substances on the identified property as required by the cleanup plan.

    (b) APPLICABILITY- The liability protection provided by this section applies to the following persons:

      (1) Except as provided in subsection (c), a landowner of the identified property.

      (2) A person providing financing to the person who undertakes and completes the activities required under the cleanup plan, or who acquires the identified property.

      (3) A person who develops or occupies the identified property as a result of a lease or rent agreement.

      (4) A successor or assign of any person to whom the liability protection applies, provided the successor or assign is not a person responsible for contamination on the property.

    (c) EXCLUSIONS- The protection from liability provided by this section does not apply to a property owner--

      (1) who aggravates or contributes to a release or threatened release identified but not remediated under an approved cleanup plan on the identified property;

      (2) who obtains approval of a cleanup plan on the identified property by fraud or misrepresentation or by knowingly failing to disclose material information that would have made the person responsible for a release or threatened release;

      (3) who does not fulfill the certification requirement under section 202(e) to retain or expand employment, unless there is an explanation, determined to be valid by the Administrator, for not fulfilling such requirement, based on criteria such as natural disaster, industry trends, labor force, or loss of a major supplier or market; or

      (4) who was partially responsible for contamination on the site, other than contamination identified in a cleanup plan submitted by a responsible owner.

    (d) FINES AND PENALTIES- Innocent property owners who submit a cleanup plan shall not be responsible for paying any fines or penalties levied against any person responsible for contamination on the property.

SEC. 204. CLEANUP GUARANTEE.

    (a) GUARANTEE- Any person with an approved cleanup plan shall submit to the Environmental Protection Agency a cleanup guarantee fee upon certification by the Environmental Protection Agency under section 202(f) that the plan has been completed. The guarantee shall be in an amount negotiated by the parties that is a certain percentage of the cost of preparing and implementing the cleanup plan. The guarantee is to be held in the Industrial Land Recycling Fund established under section 601 for a period of 2 years after certification of completion under section 202(f).

    (b) FORM- The cleanup guarantee fee can be in a form acceptable to the Environmental Protection Agency, which shall include collateral bonds, cash or other marketable securities, certificates of deposit, letters of credit, or other acceptable financial guarantees. The Environmental Protection Agency may also accept phased deposits of collateral to meet this requirement.

    (c) USE- The cleanup guarantee fee is to be earmarked specifically for the Environmental Protection Agency’s use in the event the cleanup measures approved by the Environmental Protection Agency in a cleanup plan fail to contain or prevent a release or do not result in reducing the risk presented by the site.

    (d) DISPOSITION- The cleanup guarantee fee will be returned to the person implementing the cleanup plan at the end of 2 years after certification of completion under section 202(f) if the property owner satisfies any monitoring or other post-certification requirements described in the cleanup plan and if the measures taken to deal with contamination required by the plan performed as expected. Any successor to the property owner shall maintain the guarantee for the remainder of the 2-year period. The cleanup guarantee fee shall be forfeited if the property owner is excluded from liability protection under section 203(b).

SEC. 205. CLEANUP LOAN PROGRAM.

    (a) ESTABLISHMENT- There is hereby established a separate account in the United States Treasury to be known as the Cleanup Loan Fund, which shall be a special fund administered by the Administrator. Within 60 days of the effective date of this Act the Administrator shall finalize guidelines and issue application forms to administer this Fund.

    (b) PURPOSE- The purpose of the Cleanup Loan Fund is to help provide funding to persons undertaking an environmental assessment of a site as part of a cleanup plan and for implementing an approved cleanup plan. The funding shall be in the form of low-interest loans at an interest rate not to exceed 2 percent and grants for up to one-half of the costs incurred for completing an environmental assessment and implementing a cleanup plan for local economic development agencies and other applicants.

    (c) FUNDS- In addition to any funds appropriated by Congress, at least $5,000,000 shall be transferred on July 1 of each year from the Hazardous Substances Superfund to the Cleanup Loan Fund for the purpose of implementing the program established in this section. Monies received by the Administrator as repayment of outstanding loans shall be deposited in the Cleanup Loan Fund. Any interest earned by monies in the Cleanup Loan Fund shall remain in the Fund. The first transfer of funds from the Hazardous Substances Superfund required by this paragraph shall occur within 60 days of the effective date of this Act.

    (d) ANNUAL REPORT- The Administrator shall on October 1 of each year report to Congress on the grants, loans, expenditures, and commitments made from the Cleanup Loan Fund.

SEC. 206. PENALTY.

    Where a property owner fails to retain or expand employment as certified under section 202(e), the property owner shall pay a penalty to the Industrial Land Recycling Fund equal to the cost of preparing and implementing the cleanup plan in any year the owner fails to meet employment commitments. This penalty is in addition to any other authority provided to the Environmental Protection Agency by this Act.

TITLE III--ABANDONED INDUSTRIAL LAND REDEVELOPMENT

SEC. 301. APPLICABILITY.

    (a) IN GENERAL- This title applies to a person who--

      (1) either intends to own, as expressed as an option to buy or other formal agreement, or who owns, a parcel of real property used for industrial activities where there is no financially viable responsible person to cleanup contamination on the property causing a significant threat to public health or the environment;

      (2) did not, by act or omission, cause or contribute to any contamination or to the release or threatened release of a hazardous substance on the identified real property; and

      (3) intends to reuse or redevelop the property to expand employment opportunities.

    (b) EMPLOYMENT EXPANSION- For purposes of this title, employment expansion shall mean providing employment opportunities for a period of 5 years after an agreement is signed under section 302(d).

SEC. 302. ENVIRONMENTAL ASSESSMENT.

    (a) ASSESSMENT- A prospective purchaser or property owner shall conduct an environmental assessment on the identified property to establish a baseline of any existing contamination on the site.

    (b) PUBLIC REVIEW- The proposed environmental assessment shall be subject to a 30-day public review and comment period. Notice of the availability of the completed assessment shall be published in the Federal Register and a newspaper of general circulation serving the area in which the identified property is located. The Environmental Protection Agency may hold a public hearing on the assessment if one is requested.

    (c) EPA REVIEW- Within 90 days after a completed environmental assessment is received, the Environmental Protection Agency shall determine whether the assessment adequately identified the environmental hazards and risks posed by the site.

    (d) AGREEMENT- The Environmental Protection Agency and the prospective purchaser or property owner shall enter into an agreement based on the environmental assessment which outlines cleanup liabilities for the identified property.

SEC. 303. CLEANUP LIABILITY.

    (a) IMMEDIATE THREATS- The prospective purchaser or property owner shall be responsible for remediation of any immediate, direct, or imminent threats to public health or the environment which would prevent the property from being occupied for its intended purpose, such as drummed waste.

    (b) IDENTIFIED CONTAMINATION- The prospective purchaser or property owner shall not be held responsible for the remediation of any contamination identified in the completed environmental assessment accepted by the Environmental Protection Agency.

    (c) NEW LIABILITY- Nothing in this Act shall relieve the prospective purchaser or property owner of any cleanup liability for contamination later caused by the prospective purchaser or property owner. The prospective purchaser or property owner shall also remain responsible for any contamination which was not identified and which was known to be a significant risk to public health or the environment at the time the assessment was completed.

    (d) RISK ASSESSMENT- Remediation alternatives for a property covered by an environmental assessment shall be based on the actual risk to human health and the environment posed by contaminants on the property, considering the following factors:

      (1) The intended and allowable use or subsequent uses of the property.

      (2) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels considered to be a significant health risk.

      (3) The potential risk to human health and the environment of containing and isolating contaminants in a manner which prevents harmful exposure to employees on the property, to the public, and to the environment.

      (4) The potential environmental risks of proposed cleanup alternatives and their economic and technical feasibility and reliability.

    (e) LIABILITY OF OTHER PARTIES- A person providing financing to the prospective purchaser or property owner or a person who develops or occupies the identified property as a result of a lease or rent agreement shall not be considered a responsible person for cleaning up contamination on property covered by an agreement developed pursuant to this title.

    (f) PAST PENALTIES- A prospective purchaser or property owner submitting an environmental assessment under this title shall not be responsible for paying any fines or penalties levied against any person responsible for contamination on the property.

SEC. 304. OWNER RESPONSIBILITIES.

    (a) PREVENTION- The prospective purchaser or property owner shall take the steps necessary to prevent any existing contamination on the site from becoming worse as the result of its activities.

    (b) NONINTERFERENCE- The prospective purchaser or property owner shall not interfere with any subsequent remediation efforts by the Environmental Protection Agency or others to deal with contamination identified in the environmental assessment.

    (c) DEED RESTRICTION- The prospective purchaser or property owner and the Environmental Protection Agency may agree to having a restriction placed on the deed for the property covered by this title which restricts the use of the property to industrial activities which will protect the integrity of any cleanup measures implemented on the property or prevent contaminated portions of the property from being disturbed.

SEC. 305. TRANSFERABILITY.

    The agreement on cleanup liabilities entered into by the Environmental Protection Agency and the prospective purchaser or property owner pursuant to this title is transferable without review by the Environmental Protection Agency in its entirety to any and all subsequent owners of the property who did not, by act or omission, cause or contribute to any contamination or to the release or threatened release of a hazardous substance on the identified property.

SEC. 306. THIRD PARTIES.

    No person who submits an environmental assessment accepted under this title by the Environmental Protection Agency or who is granted liability protection under section 303(e) shall be subject to citizen suits or other contribution actions brought by responsible persons for a release or potential release on the identified property.

SEC. 307. FUNDING.

    Prospective purchasers and property owners redeveloping abandoned property under this title shall be eligible for funding under the Cleanup Loan Program established under section 205 to perform environmental assessments or to implement any remediation actions required of the prospective purchaser or property owner under this title.

TITLE IV--NO ACTION DETERMINATIONS

SEC. 401. NO ACTION DETERMINATIONS.

    Property owners may request and the Environmental Protection Agency may issue written determinations that it will take no enforcement or cleanup actions under CERCLA or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) against an innocent landowner who owns real property and is otherwise not responsible for any identified contamination or a release or threatened release of a hazardous substance in any case in which--

      (1) an environmental assessment or transaction screen analysis performed by a registered environmental professional indicates no significant contamination or contamination which does not pose significant actual risk to public health and the environment; or

      (2) the Environmental Protection Agency finds that contamination or a release or threatened release of a hazardous substance originates from a source on an adjacent or nearby real property.

SEC. 402. REVIEW DEADLINE.

    The Environmental Protection Agency shall make a decision on whether or not to issue a no action determination no later than 90 days after a request is made.

SEC. 403. APPLICABILITY.

    A no action determination shall also apply to any person providing financing to the person named in the determination and to any person developing or occupying the identified property as the result of a lease or rent agreement.

SEC. 404. EXCLUSIONS AND CONDITIONS.

    The Environmental Protection Agency may invalidate a no action determination if new information indicates the property owned by the person is the source of the contamination or release or if the person is later determined to be responsible for the release. The property owner must allow entry to the property for the purpose of taking any remediation and response actions needed to address contamination on the adjacent site and not interfere with any response action. The Environmental Protection Agency may attach other conditions it feels are necessary to allow the Environmental Protection Agency to adequately respond to a release.

SEC. 405. TRANSFERABILITY.

    A no action determination may be transferred by the property owner to successors and assigns, if the successors and assigns are not otherwise responsible for any contamination on the adjacent property. The successors and assigns shall be bound by the conditions placed on the determination by the Environmental Protection Agency. A no action determination shall also be extended to the successors and assigns of parties identified in section 403.

SEC. 406. THIRD PARTIES.

    No person who is the subject of a no action determination issued by the Environmental Protection Agency or who is granted liability protection under section 403 shall be subject to either citizen suits or other contribution actions brought by responsible persons for a release or potential release identified in the no action determination.

TITLE V--REGISTRATION OF ENVIRONMENTAL PROFESSIONALS

SEC. 501. REGISTRATION.

    (a) GENERAL- The Environmental Protection Agency may only accept environmental assessments or transaction screen reviews as required under this Act that are prepared by Environmental Professionals registered with the Environmental Protection Agency starting one year after the Environmental Protection Agency qualifications for registration are established under section 502. Both individual Environmental Professionals and corporations can be registered under this title.

    (b) REGISTRATION PERIOD- Registration for an Environmental Professional shall be valid for a period of one year and shall be renewed annually.

    (c) INTERIM REVIEWS- Nothing in this section shall prevent the Environmental Protection Agency from accepting environmental assessments or transaction screen before the registration requirements under this title become effective.

SEC. 502. QUALIFICATIONS.

    The Environmental Protection Agency shall establish qualifications for Environmental Professionals requesting certification including--

      (1) education, training, and experience in preparing environmental assessments;

      (2) certification or accreditation by professional groups such as the Institute of Professional Environmental Practice; and

      (3) an evaluation of ability to meet best professional and technical standards for preparing environmental assessments.

SEC. 503. WITHHOLDING REGISTRATION.

    The Environmental Protection Agency may withhold, withdraw, or not renew registration of an Environmental Professional if the applicant does not meet the qualifications to be registered or if the Environmental Protection Agency determines the environmental assessment submitted by the Environmental Professional do not meet best professional and technical standards.

SEC. 504. REGISTRATION FEE.

    The initial fee for registering Environmental Professionals for the first time shall be $150. The registration renewal fee shall be $100. The Environmental Protection Agency may by regulation change the initial registration and registration renewal fees.

TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. INDUSTRIAL LAND RECYCLING FUND.

    (a) FUND- There is hereby established a separate account in the United States Treasury to be known as the Industrial Land Recycling Fund, which shall be a special fund administered by the Environmental Protection Agency.

    (b) PURPOSE- The monies deposited in this Fund shall be used by the Environmental Protection Agency to remediate a release or threatened release that poses a significant risk to public health or the environment where the Environmental Protection Agency has certified that a cleanup plan has been completed. Monies from the Hazardous Substance Superfund shall also be available to the Environmental Protection Agency to remediate a release or threatened release on a property covered by a cleanup plan.

    (c) FUNDS- In addition to any funds appropriated by the Congress, private contributions and any fines and penalties assessed under this Act and the cleanup guarantees assessed or forfeited under sections 204 and 304 shall be deposited into the Fund.

    (d) ANNUAL REPORT- The Environmental Protection Agency shall on October 1 of each year report to Congress on the expenditures and commitments made from the Industrial Land Recycling Fund.

SEC. 602. ENFORCEMENT.

    (a) ORDERS- The Environmental Protection Agency may issue orders to such persons and municipalities as it deems necessary to aid in the enforcement of the provisions of this Act. An order issued under this Act shall take effect upon service, unless the order specifies otherwise. The power of the Environmental Protection Agency to issue an order under this Act is in addition to any other remedy which may be afforded to the Environmental Protection Agency pursuant to this Act or any other Act.

    (b) ADDITIONAL AUTHORITY- The Environmental Protection Agency may use the enforcement authorities (including penalty provisions) contained in CERCLA and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) to enforce the provisions of this Act.

SEC. 603. DELEGATION TO STATES.

    (a) COMPATIBLE PROGRAM- If a State has adopted an industrial and commercial land recycling program compatible with the provisions of this Act, the Administrator may delegate primary authority for the administration and implementation of the programs outlined in titles II and III to that State.

    (b) LIABILITY PROTECTION- If a State is delegated primary authority under subsection (a) for administration and implementation, the liability protection provided under sections 203, 303(e), and 306 of this Act concerning direct and third party contribution actions and citizen suits under CERCLA and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) shall be extended to the participating parties as if such protection were provided by the Administrator.

    (c) STATE FUNDING- States delegated primary authority to administer and implement titles II and III of this Act shall be eligible to apply for funds from the Industrial Land Recycling Fund to help offset the cost of administering the program.

SEC. 604. AUTHORITY RESERVED.

    Nothing in this Act shall affect the ability or authority of the Environmental Protection Agency or any person to seek any relief available under this Act or any other Act against any party who is not subject to the liability protection provided under this Act.

SEC. 605. CONSTRUCTION.

    The protection from cleanup liability afforded under this Act shall be in addition to the exclusions from being a potentially responsible party existing under Federal environmental statutes.

SEC. 606. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment of this Act.