Page:United States Statutes at Large Volume 113 Part 2.djvu/1117

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-599 (3) to remove the disincentives and impediments to recycling created as an unintended consequence of the 1980 Superfund Uability provisions. (b) CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING TRANSACTIONS.— (1) CLARIFICATION. —Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following new section: "SEC. 127. RECYCLING TRANSACTIONS. "(a) LIABILITY CLARIFICATION.— "(1) As provided in subsections (b), (c), (d), and (e), a person who arranged for recycling of recyclable material shall not be liable under sections 107(a)(3) and 107(a)(4) with respect to such material. "(2) A determination whether or not any person shall be liable under section 107(a)(3) or section 107(a)(4) for any material that is not a recyclable material as that term is used in subsections (b) and (c), (d), or (e) of this section shall be made, without regard to subsections (b), (c), (d), or (e) of this section. "(b) RECYCLABLE MATERIAL DEFINED. —For purposes of this section, the term 'recyclable material' means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber (other than whole tires), scrap metal, or spent lead-acid, spent nickel cadmium, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap; except that such term shall not include— "(1) shipping containers of a capacity from 30 liters to 3,000 liters, whether intact or not, having any hazardous substance (but not metal bits and pieces or hazardous substance that form an integral part of the container) contained in or adhering thereto; or "(2) any item of material that contained polychlorinated biphenyls at a concentration in excess of 50 parts per million or any new standard promulgated pursuant to applicable Federal laws. " (c) TRANSACTIONS INVOLVING SCRAP PA]:>ER, PLASTIC, GLASS, TEXTILES, OR RUBBER. —Transactions involving scrap paper, scrap plastic, scrap glass, scrap textiles, or scrap' rubber (other than whole tires) shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that all of the following criteria were met at the time of the transaction: "(1) The recyclable material met a commercial specification grade. "(2) A market existed for the recyclable material. "(3) A substantial portion of the recyclable material was made available for use as feedstock foi" the manufacture of a new saleable product. "(4) The recyclable material could ha^^e been a replacement or substitute for a virgin raw material, or the product to be

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