|
California Service Station and Automotive Repair Association Support SB-1495 and HB-3788 July 2, 2002 The Honorable Barbara Boxer Dear Senator Boxer: I wish to apprise you of a situation, which is impacting small business in a very large way. I am writing to you as the Executive Director of the California Service Station and Automotive Repair Services Association (CSSARA), a 30 year old trade association, which has been representing both small shop owners and service station dealers throughout the state of California. An issue of fairness has arisen regarding the proper handling of and responsibility for hazardous waste (used motor oil). The U.S. EPA is hiding behind the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), better known as Superfund, a law that Congress passed but never funded. The EPA's position is that whoever generates the oil is responsible for it from cradle to grave. Service station dealers and automotive repair shop owners did not generate this waste oil. The consumers they serve did. These small businesses paid to have their oil brought to a site and followed the law and proper procedures in their handling of their waste oil. Most all of these businesses operate within the due diligence of their responsibility in handling such waste, including having a signed manifest that this oil has been properly disposed by a licensed transporter at a licensed site. They cannot be responsible once that waste oil has been removed from their facility. Unfortunately, this has not been the case and the EPA is creating a tremendous burden for small business by going after them for Superfund waste site cleanup. Both SB-1495 and HB-3788 go a long way towards rectifying the problems small business people are facing across the nation. In the northeast portion of the U.S., the EPA has recently cited approximately 2700 businesses as potentially responsible parties for cleanup on the Beede waste oil site in Plaistow, New Hampshire. In no way were the small business people responsible for the disposal of the used waste oil that has contaminated this area. They must be exonerated from these fines. This is not a unique situation. This has happened time and again throughout the U.S. and it must be adequately addressed in legislation. Retirees have had to go into their savings to pay off these claims. Bankruptcies have occurred because of these claims. There have even been incarcerations in jail. I ask for your support on these two bills and hope that you will take into consideration the reasonable resolution to these issues and not hold unprotected small business at fault. If you have any questions regarding these issues, please do not hesitate to contact me. Sincerely, Dennis C. DeCota
|