Recyclers exempted from environmental liabilities under federal Superfund law | Norton Rose Fulbright

December 1, 1999 | By Keith Martin in Washington, DC

Efforts to enact broader Superfund reforms failed. Congress is expected to consider broad-based reforms to the Superfund liability scheme next year. However, Congress included an exemption for recyclers in an omnibus appropriations bill that it sent President Clinton shortly before adjourning for the year in late November. Clinton is expected to sign the measure.

The exemption would cover persons who recycle scrap paper, plastic, glass, textiles, rubber (other than whole tires) and scrap metal or batteries, but the sale of the recycled material would have to meet certain criteria. The exemption would not cover persons who burn the same types of materials as fuel in power plants or use them for energy recovery.

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