Hazardous Waste Contamination of Water Resources (Compensation of Victims Exposed to Hazardous Wastes): Hearings Before the Subcommittee on Investigations and Oversight of the Committee on Public Works and Transportation, House of Representatives, Ninety-eighth Congress, First Session, July 20, 21, 26, 27; November 8, and 9, 1983

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Page 663 - Act, the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or the Superfund Act).
Page 687 - ... arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contingency plan which the President deems necessary to protect the public health or welfare or the environment.
Page 683 - See generally Klemme, The Enterprise Liability Theory of Torts, 47 U. Colo. L. Rev. 153, 156-165 (1976). The Superfund Act's taxing scheme basically assumes that the oil and chemical industries are collectively responsible for the hazardous waste problem sites serious enough to require disbursements from the Superfund to finance remedial actions.
Page 627 - Assistant Attorney General in charge of the Land and Natural Resources Division of the Department of Justice, in...
Page 308 - Congress considered including provisions for compensation for personal injuries in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, also known as the "Superfund.
Page 765 - Bain issue of fact becomes whether the hazardous waste under the control of the defendant caused the injury, an issue based more on scientific data than on facts relating to the defendant's actions. Furthermore, statutes of limitations have no deterrent value and in the case of injuries with long latency periods, they provide a shield for waste handlers. Commencement of the running of the statute of limitations at the time of the defendant's act can be an unfair barrier to recovery for injuries caused...
Page xi - Mr. Chairman. I want to take this opportunity to thank you and the...
Page 677 - A law will not be construed as retroactive unless the act clearly, by express language or necessary implication, indicates that the legislature intended a retroactive application.
Page 781 - Article 4. (c) If the nuclear fuel or radioactive products or waste involved in a nuclear incident have been in more than one nuclear installation and are not in a nuclear installation at the time damage is caused, no operator other than the operator of the last nuclear installation in which they were before the damage was caused or an operator who has subsequently taken them in charge shall be liable for the damage.
Page 673 - State; or (B) any removal activities in connection with such a discharge; or (2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 USC 6901 et seq.) or State law, including common law.

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