Page:United States Statutes at Large Volume 113 Part 2.djvu/1120

 113 STAT. 1501A-602 PUBLIC LAW 106-113—APPENDIX I "(B) the person had reason to beheve that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or "(C) the person failed to exercise reasonable care with respect to the management and handling of the recyclable material (including adhering to customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances). "(2) For purposes of this subsection, an objectively reasonable basis for belief shall be determined using criteria that include (but are not limited to) the size of the person's business, customary industry practices (including customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances), the price paid in the recycling transaction, and the ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material. "(3) For purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activities associated with recyclable material shall be deemed to be a substantive provision. "(g) EFFECT ON OTHER LIABILITY.— Nothing in this section shall be deemed to affect the liability of a person under paragraph (1) or (2) of section 107(a). "(h) REGULATIONS.— The Administrator has the authority, under section 115, to promulgate additional regulations concerning this section, "(i) EFFECT ON PENDING OR CONCLUDED ACTIONS.— The exemptions provided in this section shall not affect any concluded judicial or administrative action or any pending judicial action initiated by the United States prior to enactment of this section. "(j) LIABILITY FOR ATTORNEY'S FEES FOR CERTAIN ACTIONS.— Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorney's and expert witness fees. "(k) RELATIONSHIP TO LIABILITY UNDER OTHER LAWS.— Nothing in this section shall affect— "(1) liability under any other Federal, State, or local statute or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Administrator under the Solid Waste Disposal Act; or "(2) the ability of the Administrator to promulgate regulations under any other statute, including the Solid Waste Disposal Act. "(1) LIMITATION ON STATUTORY CONSTRUCTION. —Nothing in this section shall be construed to— "(1) affect any defenses or liabilities of any person to whom subsection (a)(1) does not apply; or "(2) create any presumption of liability against any person to whom subsection (a)(1) does not apply.".

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