What is the Comprehensive Environmental Response Compensation and liability (CERC) Act?
The Comprehensive Environmental Response, Compensation, and Liability Act provides that responsible parties, including Federal landowners, investigate and clean up releases of hazardous substances.
What does CERCLA stand for in Superfund?
Superfund: CERCLA Overview. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980.
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 this act called this chapter?
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter.
When did CERCLA become a law?
December 11, 1980The 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.
What caused the Comprehensive Environmental Response, Compensation, and Liability Act?
Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or commonly known as Superfund) in response to a growing national concern about the release of hazardous substances from abandoned waste sites.
When was CERCLA ratified?
In 1980, Congress enacted CERCLA, and amended it in 1986. CERCLA's major emphasis is on the cleanup of inactive hazardous waste sites and the liability for cleanup costs on arrangers and transporters of hazardous substances and on current and former owners of facilities where hazardous substances were disposed.
Why was the CERCLA created?
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.
Was the Superfund Act successful?
Even the Clinton Administration admits the program does not work. One reason for is that, despite expenditures of between $20 billion and $30 billion, Superfund has failed to clean up more than a small fraction of the nation's worst hazardous waste sites.
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.
Is CERCLA an act or law?
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 ...
Is CERCLA still in effect?
Over the past three decades, CERCLA has successfully cleaned and restored close to 400 contaminated sites once listed on its national priorities list (NPL), including the infamous Love Canal site. In 2017, then-EPA Administrator Scott Pruitt established the Superfund Task Force.
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."
Why is CERCLA retroactive?
CERCLA is not retroactive because it gov- erns, in a sense, current wrongs. As one court put it, "A statute that attaches liability to present conditions stemming from past acts does not necessarily have retroactive effects .... Courts use two textual arguments to support the retroactive application of CERCLA.
What has been a major criticism of CERCLA?
criticized as a rigorously strict system that hinders economic growth and penalizes individual companies by requiring them to perform extensive and costly cleanups without regard to when the original disposal took place or the fact that a company may have exercised due care in handling hazardous materials.
What is the goal of RCRA?
RCRA, which amended the Solid Waste Disposal Act of 1965, set national goals for: Protecting human health and the environment from the potential hazards of waste disposal. Conserving energy and natural resources.
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.
What does CERCLA or the Superfund address quizlet?
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.
Why is it called a Superfund site?
The name “Superfund site” comes from legislation Congress passed in 1980 creating a “Superfund” program at the Environmental Protection Agency (EPA) to identify and clean up hazardous waste sites. Since industry and waste tend to follow people, Superfund sites are often concentrated in highly populated areas.
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 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.
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.
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 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 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 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.
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:
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.
Can a transporter be held liable for a contaminated parcel?
Additionally, even if the transporter moves the substance from one contaminated area of a parcel to another, uncontaminated area, the transporter will still be held liable. ( Kaiser Aluminum & Chemical Corp. v. Catellus Development Corp. (976 F.2d 1338 (9th Cir. 1992 ).
When was CERCLA amended?
CERCLA was amended by the Superfund Amendments and Reauthorization Act on October 17, 1986. U.S. House of Representatives U.S. Code - Title 42. Contact Us to ask a question, provide feedback, or report a problem.
What is a long term remedial response?
Long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. These actions can be conducted only at sites listed on EPA's National Priorities List .
What is the Superfund?
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA): 1 established prohibitions and requirements concerning closed and abandoned hazardous waste sites; 2 provided for liability of persons responsible for releases of hazardous waste at these sites; and 3 established a trust fund to provide for cleanup when no responsible party could be identified.
When was CERCLA amended?
Amendments were made to CERCLA between 1980 and 2002, clarifying who was liable for a contaminated site and how the EPA should go about proving liability. Other amendments allowed federal facilities to be placed into the Superfund system and created a fund to clean up decommissioned military facilities administered by the U.S. Department of Defense.
How does the EPA enforce CERCLA?
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. The EPA can, along with the U.S. Department of Justice, take the responsible parties to court. In addition to litigation, responsible parties can face additional penalties or fines.
What does the red symbol mean on the Superfund map?
This map of Superfund sites showed the location of Superfund sites on the National Priorities List as of October 2013. Red indicates the site was on the National Priority List in October 2013, yellow is the location of a proposed site in October 2013 and green indicates a site that has been taken off the National Priorities List (usually indicating the site has been cleaned up).
What is the Superfund program?
The act also created the Superfund program, a federal system of contaminated sites listed by priority and level of waste contamination. The Superfund program is also known as the National Priorities List. The EPA must update the National Priorities List once every year, and sites near the top of the list receive the most attention.
What is the purpose of the CERCLA?
In response, Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which gave power to the federal government to clean up polluted areas and collect fines from liable site owners and operators. A major part of CERCLA is the Superfund program, a federal system created to manage polluted areas ...
How long does the EPA have to collect funds from Superfund?
The EPA has between three years to six years to pursue liable site owners and collect funds from them, depending on how long the site cleanup takes.
What laws were passed to prevent pollution?
Congress had previously passed laws, such as the Clean Air Act (1963) and the Clean Water Act (1972), aimed at preventing future pollution but it had not legislatively addressed areas already contaminated by pollution. Waste sites, such as the Love Canal neighborhood in Niagara Falls, New York, and areas surrounding Times Beach, Missouri, received wide attention during the 1970s, sparking health concerns and motivating people to call for federal regulation of contaminated sites. In response, Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which gave power to the federal government to clean up polluted areas and collect fines from liable site owners and operators. A major part of CERCLA is the Superfund program, a federal system created to manage polluted areas and administered by the U.S. Environmental Protection Agency (EPA).
BACKGROUND
When enacted, CERCLA addressed a substantial gap in national environmental law. The Resource Conservation and Recovery Act of 1976 (RCRA) had addressed the cleanup of active hazardous waste sites.
THREE PRINCIPAL ELEMENTS
Three key elements underlie CERCLA. These include: (1) the EPA's cleanup authority and processes; (2) cleanup liability; and (3) the Superfund.
ACCOMPLISHMENTS AND CHALLENGES
In a report commemorating CERCLA's twentieth anniversary, EPA summarized its progress in hazardous waste cleanup.
BIBLIOGRAPHY
"CERCLA Overview." U.S. Environmental Protection Agency. July 2003. <http://www.epa.gov/superfund/action/law/cercla.htm>.
Love Canal
Love Canal, envisioned as a route for ships to bypass Niagara Falls, was created in the nineteenth century by entrepreneur William T. Love. After only one mile of canal had been excavated, however, Love was forced to abandon his project for lack of funding, and in 1920 his land was sold and the trench became a municipal and chemical dump.
When was the National Contingency Plan for the Removal of Oil and Hazardous Substances published?
Within one hundred and eighty days after December 11, 1980, the President shall, after notice and opportunity for public comments, revise and republish the national contingency plan for the removal of oil and hazardous substances, originally prepared and published pursuant to section 1321 of title 33, to reflect and effectuate the responsibilities and powers created by this chapter, in addition to those matters specified in section 1321 (c) (2) 1 of title 33. Such revision shall include a section of the plan to be known as the national hazardous substance response plan which shall establish procedures and standards for responding to releases of hazardous substances, pollutants, and contaminants, which shall include at a minimum:
When is the National Contingency Plan revised?
Not later than 18 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986 [October 17, 1986] , the President shall revise the National Contingency Plan to reflect the requirements of such amendments. The portion of such Plan known as "the National Hazardous Substance Response Plan" shall be revised to provide procedures and standards for remedial actions undertaken pursuant to this chapter which are consistent with amendments made by the Superfund Amendments and Reauthorization Act of 1986 relating to the selection of remedial action.
When did the hazard ranking system start?
Not later than 18 months after October 17, 1986, and after publication of notice and opportunity for submission of comments in accordance with section 553 of title 5, the President shall by rule promulgate amendments to the hazard ranking system in effect on September 1, 1984. Such amendments shall assure, to the maximum extent feasible, that the hazard ranking system accurately assesses the relative degree of risk to human health and the environment posed by sites and facilities subject to review. The President shall establish an effective date for the amended hazard ranking system which is not later than 24 months after October 17, 1986. Such amended hazard ranking system shall be applied to any site or facility to be newly listed on the National Priorities List after the effective date established by the President. Until such effective date of the regulations, the hazard ranking system in effect on September 1, 1984 , shall continue in full force and effect.
Who defers the final listing of an eligible response site on the National Priorities List?
At the request of a State and subject to paragraphs (2) and (3), the President generally shall defer final listing of an eligible response site on the National Priorities List if the President determines that—
Who conducts audits of grants and loans?
The Inspector General of the Environmental Protection Agency shall conduct such reviews or audits of grants and loans under this subsection as the Inspector General considers necessary to carry out this subsection.
Who shall notify the appropriate Federal and State natural resource trustees of potential damages to natural resources resulting from releases under investigation?
The President shall promptly notify the appropriate Federal and State natural resource trustees of potential damages to natural resources resulting from releases under investigation pursuant to this section and shall seek to coordinate the assessments, investigations, and planning under this section with such Federal and State trustees.
Can the President take remedial action?
The President may use the authority of paragraph (1) for a remedial action only if , before an interest in real estate is acquired under this subsection, the State in which the interest to be acquired is located assures the President, through a contract or cooperative agreement or otherwise, that the State will accept transfer of the interest following completion of the remedial action.
History of Superfund
After the U.S. Congress passed legislation in the 1970s to create the Environmental Protection Agency (EPA), the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act (RCRA), policies regarding human health and protection of the environment drastically improved.
Superfund Sites in Georgia
Hazardous waste management in Georgia is overseen by the Hazardous Waste Management Branch of the Environmental Protection Division (EPD), a part of the Georgia Department of Natural Resources. This branch is concerned with all the requirements of Superfund, as well as of the Georgia Hazardous Waste Management 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. 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.
Cleanup Standards
- Cleanup standards vary depending on the kind of site and how much pollution is present. The law does not specify how clean a site must be, but it does require the EPA take actions that are "relevant" and "appropriate" to protect the surrounding environment, leaving the EPA with broad authority to demand different kinds of cleanup actions. A state g...
Costs and Benefits
- In 2011, Shanti Gamper-Rabindran, a professor of public and international affairs at the University of Pittsburgh, and Christopher Timmins, professor of economics at Duke University, published a study looking at median housing values on blocks located near cleaned up Superfund sites compared to similar Superfund sites that had not been cleaned. The researchers relied on housi…
Public Participation
- Like the Clean Air Act, CERCLA has allowed public comment periods whenever the EPA is selecting Superfundsites or certain cleanup actions. The EPA is required to respond to each "significant" public comment it receives, although the law does not define a "significant public comment." Public comments can be submitted to the EPA online, and once a final decision is m…
Toxic Substances and Disease Registry
- The Agency for Toxic Substances and Disease Registryis a federal agency responsible for studying contaminated sites that pose potential health risks from air, soil or water contamination, such as pollutants that contribute to cardiovascular disease or respiratory problems. The agency serves mostly as an information database of the potential health risks around a particular site, a…
Administrative and Judicial Orders
- The EPA can issue an administrative order or can partner with the U.S. Department of Justiceand issue a judicial order that requires responsible parties to begin cleanup of a contaminated site. The law allows for fines of up to $25,000 per day for failing to comply with the EPA's orders. A responsible party that has not cleaned up a contaminated site may be liable for up to three time…
Voluntary Settlement Agreements
- Parties that are potentially liable for a contaminated site may enter into a voluntary settlement with the EPA to avoid prosecution, although the EPA has discretion over whether to begin a settlement agreement. The benefit of a voluntary settlement agreement is to allow the responsible party to avoid greater costs. For example, if the EPA decides a party is responsible f…
Cost-Recovery Actions
- If the EPA is required to use federal dollars from the Superfund Trust Fund for a site cleanup, it may require liable owners or operators to reimburse the fund. The EPA has between three years to six years to pursue liable site owners and collect funds from them, depending on how long the site cleanup takes.
Role of State Governments
- If a state government wants federal funds to finance a site's cleanup, it must agree to share the costs with the federal government. If site owners or operators are found to be liable for a polluted site, the state government is not required to share cleanup costs, but if no liable owner is found, a state must cover the remaining costs. A state government must pay 10 percent of the cleanup c…