Page:United States Statutes at Large Volume 115 Part 3.djvu/282

 115 STAT. 2356 PUBLIC LAW 107-118^JAN. 11, 2002 Jan. 11, 2002 [H.R. 2869] Small Business Liability Relief and Brownfields Revitalization Act. 42 ilSC 9601 note. Small Business Liability Protection Act. Public Law 107-118 107th Congress An Act To provide certain relief for small businesses from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and to amend such Act to promote the cleanup and reuse of brownfields, to provide financial assistance for brownfields revitalization, to enhance State response programs, and for other purposes. 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 "Small Business Liability Relief and Brownfields Revitalization Act". TITLE I—SMALL BUSINESS LIABILITY PROTECTION 42 USC 9601 note. SEC. 101. SHORT TITLE. This title may be cited as the "Small Business Liability Protection Act". SEC. 102. SMALL BUSINESS LIABILITY RELIEF. (a) EXEMPTIONS. — Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following new subsections: "(o) DE MICROMIS EXEMPTION.— "(1) IN GENERAL. —Except as provided in paragraph (2), a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under this Act if liability is based solely on paragraph (3) or (4) of subsection (a), and the person, except as provided in paragraph (4) of this subsection, can demonstrate that— "(A) the total amount of the material containing hazardous substances that the person arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, at the facility was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the Administrator may determine by regulation); and "(B) all or part of the disposal, treatment, or transport concerned occurred before April 1, 2001. "(2) EXCEPTIONS.— Paragraph (1) shall not apply in a case in which—

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