First Regular Session
Sixty-second General Assembly
LLS NO. R990031.01 Duane
Gall
STATE OF COLORADO
BY REPRESENTATIVE Taylor;
also SENATOR Wattenberg.
AGRICULUTRE, LIVESTOCK AND NATURAL RESOURCES
HOUSE JOINT RESOLUTION 99-1046
CONCERNING A REQUEST FOR AMENDMENT OF THE FEDERAL
"SUPERFUND" LAW TO ADDRESS THE NEEDS OF SMALL 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 the responsible parties
are large corporations with substantial assets; and
WHEREAS, The Superfund law has proven not to serve
as well in other cases, particularly those involving small businesses;
and
WHEREAS, Specifically, the Superfund liability system
leads to excessive litigation for small 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 small business enterprises; and
WHEREAS, Such problems are most vexing in the case
of specialty oil change service stations, general automobile service
stations, and other small 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 business 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 small
business that makes every effort to be environmentally responsible;
and
WHEREAS, Small businesses are committed to environmental
protection, but have serious concerns with the current Superfund
program; and
WHEREAS, Small businesses are a vital part of Colorado's
economy, employing a substantial portion of Colorado's workforce
and reflecting a broad spectrum of its citizens; and
WHEREAS, Reforming the Superfund program to address
the needs of small 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 Sixtysecond 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 thirdparty 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 small 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 de minimis liability
for contamination at a site within 180 days. If the 180day
period is exceeded by more than 120 days, relieve small 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 small business, taking into account the small 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.