Industrial and Commercial Land Recycling Act

TABLE OF CONTENTS: Title I: General Provisions Title II: Innocent Landowner and Responsible Owner Cleanups Title III: Abandoned Industrial Land Redevelopment Title IV: No Action Determinations Title V: Registration of Environmental Professionals Title VI: Miscellaneous Provisions Industrial and Commercial Land Recycling Act - Title I: General Provisions - Requires the Environmental Protection Agency (EPA) to implement this Act. (Sec. 105) Declares that this Act does not apply to properties listed or proposed on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Title II: Innocent Landowner and Responsible Owner Cleanups - Applies this title to a person who is an innocent landowner or a responsible owner. Defines an "innocent landowner" as a person who: (1) intends to own or owns a parcel of real property on which industrial activities take place; (2) did not cause or contribute to any contamination or the release of hazardous substances; and (3) intends to reuse or redevelop the property to retain or expand employment or who is using the property for such purposes. Defines a "responsible owner" as a person who: (1) owns a parcel of real property on which responsible industrial activities take place; (2) uses or intends to reuse or redevelop the property to retain or expand employment. (Sec. 202) Authorizes such individuals to submit cleanup plans for such property to the EPA Administrator. Requires persons submitting such plans to submit certifications that they intend to retain the same level of employment at the property or expand employment opportunities for at least five years after the plan is approved. (Sec. 203) Absolves the following persons of liability under CERCLA or the Solid Waste Disposal Act if the EPA certifies their actions to remove or remedy contamination or releases of hazardous substances under a cleanup plan: (1) a landowner of the identified property; (2) a person providing financing to the person undertaking activities under a cleanup plan; (3) a person who develops or occupies the property as a result of a lease or rent agreement; and (4) a successor or assign of any person to whom the liability protection applies. (Sec. 204) Requires persons with approved cleanup plans to submit cleanup guarantee fees to EPA. Earmarks such fees for EPA use if cleanup measures fail to contain a release or do not reduce risks presented by the site. Provides for the return of such fees upon certification of plan completion. (Sec. 205) Establishes a Cleanup Loan Fund to provide funding to persons undertaking environmental assessments as part of a cleanup plan and for implementing such plans. (Sec. 206) Requires property owners who fail to retain or expand employment to pay a penalty to the Industrial Land Recycling Fund. Title III: Abandoned Industrial Land Redevelopment - Applies this title to a person who: (1) intends to own or owns a parcel of real property used for industrial activities where there is no financially viable responsible person to clean up contamination on the property; (2) did not cause or contribute to contamination or the release of hazardous substances; and (3) intends to reuse or redevelop the property to expand employment opportunities. (Sec. 302) Requires prospective purchasers or property owners to conduct environmental assessments on identified property to establish a baseline of existing contamination. Directs the EPA and such individuals to enter into agreements based on such assessments which outline cleanup liabilities for the property. (Sec. 303) Makes prospective purchasers or property owners responsible for remediation of threats to health or the environment which would prevent the property from being occupied for its intended purpose, such as drummed waste. Provides that such individuals shall not be responsible for the remediation of contamination identified in the environmental assessment. (Sec. 305) Provides for the transferability of agreements to any subsequent property owner who did not cause or contribute to contamination. (Sec. 306) Declares that no person who submits environmental assessments or who is granted liability protection shall be subject to citizen suits or other contribution actions. (Sec. 307) Makes persons redeveloping abandoned property under this title eligible for funding under the Cleanup Loan Program established under title II. Title IV: No Action Determinations - Authorizes property owners to request determinations from EPA that it will take no enforcement or cleanup actions under CERCLA or the Solid Waste Disposal Act against an innocent landowner in cases in which: (1) an environmental assessment or transaction screen analysis performed by a registered environmental professional indicates no significant contamination or health and environmental risks; or (2) contamination or releases originate from a source on nearby property. (Sec. 405) Provides for the transferability of such determinations to landowner successors or assigns who are not responsible for contamination. (Sec. 406) Provides that persons who are subjects of no action determinations or otherwise protected from liability shall not be subject to citizen suits or contribution actions. Title V: Registration of Environmental Professionals - Permits EPA to accept environmental assessments or transaction screen reviews required under this Act only if they are prepared by environment professionals registered with EPA. (Sec. 502) Sets forth qualification and registration fee requirements. Title VI: Miscellaneous Provisions - Establishes the Industrial Land Recycling Fund to be used by EPA for remedying a release that poses a significant health or environmental risk where a certified cleanup plan has been completed. Makes Superfund monies available for such purposes as well. (Sec. 602) Sets forth enforcement authorities. (Sec. 603) Authorizes the delegation of authority for programs under titles II and III to States that have adopted industrial and commercial land recycling programs. Makes such States eligible for funding from the Industrial Land Recycling Fund.