Retroactive Liability Provisions of Superfund

RETROACTIVE LIABILITY PROVISIONS OF SUPERFUND - TIA POSITION PAPER

Tire Dealers, service station dealers, and repair facility operators in over 30 states have been cited for the cleanup of Superfund sites after they followed the letter of the law in their disposal of used oil. This used oil many times ends up in what become Superfund sites, and the tire dealer who does automotive repair is cited as the generator of the oil.

As we have lobbied this issue, we see that Republicans have opposed a small business carve-out because they do not think that it would be fair if all of the clean-up costs were assessed to big businesses. The Democrats have opposed any carve-outs because they believe that if the generators of the waste (i.e. used oil, tires, used batteries, or used anti-freeze) are not ultimately responsible for the clean-ups then there would not be enough money available for the clean-ups without major tax increases.

Our small business members perform a service to the public by collecting the waste oil and disposing of it according to state and federal laws, thus protecting the environment.

Congress may consider raising the fees in the next Superfund reauthorization bill.

TIA remains committed to repeal the retroactive liability provisions of Superfund.