Historically, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund), the owner or operator of a contaminated property could be held responsible for the property's cleanup, based solely on their current ownership of the property.
Who is responsible by law for the costs of environmental clean up at a Superfund site contaminated with hazardous wastes?
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 requires the parties to pay damages for the clean up of the sites .
Which of the following parties would be liable for the clean up costs at an EPA designated Superfund site?
| Question Answer | Which of the following acts controls point sources? Clean Water Act | Which of the following parties would be liable for the clean-up costs at an EPA-designated Superfund site? all of the above | How was the Rivers and Harbors Act of 1899 used in the pollution battle? prevent dumping into waterways |
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Who is responsible for Superfund cleanup?
EPA , the principal agency responsible for administering the Superfund program, has since identified more than 47,000 hazardous waste sites potentially requiring cleanup actions and has placed some of the most seriously contaminated sites on its National Priorities List (NPL).
Who is liable and responsible for cleanup of a Superfund site?
Superfund Liability is: Retroactive – Parties may be held liable for acts that happened before Superfund's enactment in 1980. Joint and Several – Any one potentially responsible party (PRP) may be held liable for the entire cleanup of the site (when the harm caused by multiple parties cannot be separated).
Why are they called Superfunds?
Superfund is the common name given to the law called the Comprehensive Environmental Response, Compensation and Liability Act of 1980 , or CERCLA. Superfund is also the trust fund set up by Congress to handle emergency and hazardous waste sites needing long-term cleanup.
Who is liable under CERCLA?
CERCLA imposes liability for clean-up costs and other response and/ or remediation costs upon owners or operators of facilities and sites from which a release of hazardous substances has occurred . All of these terms are defined in CERCLA.
Who pays for the cleanup of Superfund sites?
The law says EPA can make the people responsible for contamination pay for site studies and cleanup work. EPA negotiates with these Potentially Responsible Parties (PRPs) to reach an agreement. Sometimes EPA pays for the cleanup out of a pool of money called the Superfund and then tries to make PRPs pay back the costs.
How does something become a Superfund site?
Sites can be discovered into the process through requests by the USEPA ; state agencies; local, state, or federal health departments; or by private citizens. Once a site is discovered, it must be evaluated to determine whether it qualifies for listing on the NPL.
Why are Superfund sites bad?
In addition to increased levels of childhood cancer and birth defects, exposure to hazardous substances released from Superfund sites has been correlated with higher rates of suspension from school and repeating grade levels , lower standardized test scores, and decreased cognitive functioning.
Who pays for CERCLA cleanup?
According to a 2015 U.S. Government Accountability Office report, since 2001, most of the funding for cleanups of hazardous waste sites has come from taxpayers ; a state pays 10 percent of cleanup costs in general and at least 50 percent of cleanup costs if the state operated the facility responsible for contamination.
How much does it cost to clean up a Superfund site?
The major negatives are the excessive time and cost related to federal Superfund remedial studies and actions. The overall program has emphasized process over cost-effective cleanup activities, with the result that the average site cleanup costs approximately $25 to $30 million .
Do taxpayers pay for Superfund?
For years, however, petroleum, chemical and corporate taxes imposed by Congress funded the vast majority of the Superfund program, including expensive cleanups. ...
How are Superfund sites cleaned up?
The Superfund program is administered by EPA in cooperation with state and tribal governments. It allows EPA to clean up hazardous waste sites and to force responsible parties to perform cleanups or reimburse the government for cleanups led by EPA.
Who pays for Superfund?
The Superfund law requires States to contribute at least 10 percent of EPA's costs of cleaning up NPL sites within their borders. Federal agencies pay for cleanups of Federal hazardous wastes, such as military bases or weapons plants, out of their own budgets.
Is CERCLA part of the EPA?
EPA Enforcement
CERCLA § 104 authorizes EPA to collect information from, and obtain access to, Federal facilities. Such authority includes the issuance of orders compelling access and information. CERCLA §106 authorizes EPA to issue administrative orders and enter settlements for abatement actions.
