The Comprehensive Environmental Response, Compensation, and Liability Act -- otherwise known as CERCLA
Superfund
Superfund or Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is a United States federal law designed to clean up sites contaminated with hazardous substances and pollutants.
Superfund Group
Superfund Group is an asset management company, specializing in quantitative alternate investment strategies. The Superfund Group was founded in 1995 in Vienna Austria and utilizes fully automated proprietary computer trading systems. Superfund has offices in locations including Chic…
What is the Comprehensive Environmental Response Compensation and Liability Act?
Overview The Comprehensive Environmental Response, Compensation and Liability Act is better known as CERCLA. It is codified in 42 U.S.C. Chapter 103. Also known as "Superfund," CERCLA is aimed at cleaning up sites contaminated with hazardous waste, as well as preventing contamination of future sites by assigning liability to parties involved.
What is the statute for environmental cleanup and response?
The statute can be found at 42 U.S.C. § 9601 et seq. The NCP addressing environmental cleanup and response are in 40 CFR Parts 300-311, 355, and 373. CERCLA’s primary emphasis is the cleanup of hazardous substances releases.
What is the CERCLA response authority under the NCP?
The NCP addressing environmental cleanup and response are in 40 CFR Parts 300-311, 355, and 373. CERCLA’s primary emphasis is the cleanup of hazardous substances releases. The major provisions of CERCLA response authority are under two general authorities:
How does EPA respond to a release under CERCLA?
There are two basic ways to respond to a release: by a removal or a remedial action. CERCLA § 101 (24), “remedial” means actions consistent with permanent remedy taken instead of, or in addition to, removal actions. EPA has three basic options under CERCLA when confronting a situation requiring a response.
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What did the Comprehensive Environmental Response Compensation and Liability Act or Superfund Act establish?
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA): established prohibitions and requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons responsible for releases of hazardous waste at these sites; and.
What does Comprehensive Environmental Response Compensation and Liability Act CERCLA require of the EPA?
CERCLA § 120 requires EPA to enter an interagency agreement with Federal agencies to ensure protective and timely cleanups under CERCLA at NPL Federal facility sites. An interagency agreement provides the technical, legal, and management necessary for a Federal facility to respond to an inquiry.
Why was the Comprehensive Environmental Response Compensation and Liability Act CERCLA created?
CERCLA was intended to address the dangers caused by abandoned and uncontrolled hazardous waste dumps by creating a program for response as well as a fund for cleanup and remediation. The slip law was PL 96-510 and the session law was 94 Stat.
What is CERCLA and why is it important?
CERCLA gives the federal government the power to tax chemical and petroleum companies found responsible for releasing hazardous waste into unregulated areas. The law enables federal authorities to directly respond to the dumping or spilling of dangerous substances that threaten the environment or human life.
What is CERCLA liability based on?
The Superfund law (officially the Comprehensive Environmental Response, Compensation and Liability Act, (CERCLA)) imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.
What are the main points of the CERCLA act?
Under 42 U.S. Code § 9606, CERCLA allows for enforcement "when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility."
What is the purpose of a Superfund?
Superfund's goals are to: Protect human health and the environment by cleaning up contaminated sites; Make responsible parties pay for cleanup work; Involve communities in the Superfund process; and.
Is CERCLA an effective law?
Superfund, as CERCLA is popularly known, only is one of the most complex laws now in force, but also is widely regarded as both wasteful and ineffective. Even the Clinton Administration admits the program does not work.
How is CERCLA enforced?
The EPA enforces CERCLA through the Superfund Enforcement program. This program allows three options for the EPA to enforce the law if responsible owners and operators of a site are found and can pay for cleanup costs: administrative and judicial orders, voluntary settlement agreements and cost-recovery actions.
How does EPA determine if a site has been cleaned up under CERCLA?
EPA determines if the site poses a threat to people and the environment and whether hazards need to be addressed immediately or additional site information will be collected. The NPL is primarily an information resource that identifies sites that warrant cleanup.
What is the CERCLA and how does it regulate hazardous waste quizlet?
What is CERCLA? Deals with the problem of cleaning up unused or abandoned hazardous waste disposal sites. Its goals include to prevent environmental contamination and ensure that it is cleaned up when it occurs.
What actions are being taken under the mandates of the Superfund CERCLA law?
What actions are being taken under the mandates of the "superfund" (CERCLA) law? Emergency cleanup and containment of abandoned hazardous waste disposal sites -- CERCLA funds cleanup of abandoned waste sites.
What is CERCLA regulated waste?
CERCLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act, known also as Superfund. It was passed in 1980 in response to some alarming and decidedly unacceptable hazardous waste practices and management going on in the 1970s.
What is the Superfund Amendments and Reauthorization Act?
The Superfund Amendments and Reauthorization Act (SARA) of 1986 reauthorized CERCLA to continue cleanup activities around the country. Several site-specific amendments, definitions clarifications, and technical requirements were added to the legislation, including additional enforcement authorities. Also, Title III of SARA authorized the Emergency Planning and Community Right-to-Know Act (EPCRA).
What does the EPA do to clean up orphan sites?
Superfund Sites. EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. Through various enforcement tools, EPA obtains private party cleanup through orders, consent decrees, and other small party settlements.
What is the purpose of Superfund?
The Office of Superfund Remediation and Technology Innovation (OSRTI) administers Superfund, the federal government's program to clean up the nation's uncontrolled hazardous waste sites.
What is the purpose of the CERCLA?
The Comprehensive Environmental Response, Compensation, and Liability Act -- otherwise known as CERCLA or Superfund -- provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment.
Who was liable for the cleanup costs of a contaminated site?
Shore , a landowner who had purchased a contaminated site with the intuition of cleaning it up and developing it, was held liable for clean up costs as he was aware of the condition of the land when he purchased it (and that dumping was still on-going at time of purchase).
What are the two types of actions that the federal government can take under CERCLA?
The federal government may take 2 types of actions under CERCLA: Removal Actions: These are short-term actions authorized by CERCLA; these may be be taken to address releases or threatened releases that require a prompt response. Remedial Actions:
What is the retroactive nature of CERCLA?
The Monsanto court also justified the retroactive nature as such: " CERCLA operates remedially to spread the costs of responding to improper waste disposal among all parties that played a role in creating the hazardous condition.".
What is CERCLA in law?
CERCLA casts a wide net in bringing in responsible parties. Under 42 U.S. Code § 9606, CERCLA allows for enforcement "when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility."
What is the role of CERCLA?
The liability requires the parties to pay damages for the clean up of the sites. CERCLA invokes theories and elements of environmental law, property law, and tort law. The Environmental Protection Agency (EPA) is responsible for enforcing CERCLA.
Is CERCLA a strict liability?
Although CERCLA imposes Strict Liability as well as Joint and Several Liabilities, creating major liability for involved parties, there are limited defenses available to avoid CERCLA liability.
Do earthquake defenses apply to heavy rains?
Courts have held these defenses do not apply to events that could be anticipated, such as heavy rains, or earthquakes; rather these defenses would be limited to an exceedingly rare and unforeseen set of circumstances
What is the EPA?
EPA. Office of Land and Emergency Management. The Comprehensive Environmental Response, Compensation & Liability Act was signed into law by President Jimmy Carter on December 11, 1980. The law is known as CERCLA or Superfund since it created the Superfund program for cleanup of sites contaminated with hazardous substances and pollutants.
Who created the Superfund Task Force?
2015 saw the 35th Anniversary of CERCLA. In 2017, then Administrator of the EPA Scott Pruitt created the Superfund Task Force to provide recommendations for improving and expediting the cleanup process and increasing redevelopment.
Answer
The answer is B. " The Comprehensive Environmental Response , Compensation, and Liability Act -- otherwise known as CERCLA or Superfund -- provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment"
Answer
The comprehensive environmental response compensation and liability act or popularly known as CERCLA or Superfund authorizes the President to respond to releases or threatened releases of hazardous substances into the environment. It was designed to fund the cleanup of sites contaminated with hazardous substances and pollutants.
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What Does Comprehensive Environmental Response Compensation Liability Act (CERCLA) Mean?
This law provided authority to respond to release of hazardous substances that may be dangerous to the public as well as potential threats. This law has also created a tax on the chemical and petroleum industries and used collected funds to clean up abandoned hazardous waste sites.
What is CERCLA law?
CERCLA established prohibitions and requirements about closed and abandoned waste sites, provides for liability of people responsible for release of hazardous waste, and established a trust fund for cleanup. The law authorizes short and long term removal of threats. Short term removals address threats that require prompt response and long term remedies aim to permanently and significantly reduce threats that are serious, but not immediately life threatening. These actions may only be taken at places on the National Priorities List (NPL).
Overview
- The Comprehensive Environmental Response, Compensation and Liability Act is better known as CERCLA. It is codified in 42 U.S.C. Chapter 103. Also known as "Superfund," CERCLA is aimed at cleaning up sites contaminated with hazardous waste, as well as preventing contamination of future sites by assigning liability to parties involved. The liability ...
Response Actions
- The federal government may take 2 types of actions under CERCLA: 1. Removal Actions: 1.1. These are short-term actions authorized by CERCLA; these may be be taken to address releases or threatened releases that require a prompt response. 2. Remedial Actions: 2.1. These are long-term actions authorized by CERCLA; these permanently and significantly reduce the risk of relea…
Liability
- Scope of Liability
CERCLA casts a wide net in bringing in responsible parties. Under 42 U.S. Code § 9606, CERCLA allows for enforcement "when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an … - Potentially Responsible Parties
To find PRPs, the "EPA looks for evidence to determine liability by matching wastes found at the site with parties that may have contributed wastes to the site." 42 U.S. Code § 9607outline 4 different entities which qualify as PRPs: 1. Current Owners / Operator. Although this excludes pr…
Brownfields
- A brownfieldis a property whose use "may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." An unintended consequence of CERCLA was that that developers would refuse to purchase and attempt to clean brownfields for fear of potential liability for owning the land. In response, Congress created 42 U.S. Code § 9607(r) to pr…
Further Reading
- For more on CERCLA, see this Environmental Law Reporter article, this St. John's Law Review article, and this University of Michigan Law Review article.