CERCLA

 
 

Superfund: CERCLA Overview

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):

  • 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

  • established a trust fund to provide for cleanup when no responsible party could be identified.

The law authorizes two kinds of response actions:

  • Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt 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 .

CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List.

CERCLA was amended by the Superfund Amendments and Reauthorization Act  on October 17, 1986.

U.S. House of Representatives U.S. Code - Title 42

 

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is a federal law enacted in 1980 to address the cleanup of sites contaminated with hazardous substances and pollutants. CERCLA is a key piece of environmental legislation in the United States and is administered by the Environmental Protection Agency (EPA).

Key components of CERCLA include:

  1. Identification of Hazardous Sites: CERCLA established the National Priorities List (NPL), which identifies sites across the country that require cleanup due to hazardous substance contamination. Sites can be added to the NPL based on their risk to human health and the environment.

  2. Cleanup Process: CERCLA provides a framework for investigating and cleaning up contaminated sites. The process involves identifying responsible parties (potentially responsible parties or PRPs), assessing the extent of contamination, developing cleanup plans, and conducting remedial actions to protect human health and the environment.

  3. Liability: CERCLA imposes strict liability on PRPs for the cleanup costs of contaminated sites, regardless of fault or negligence. PRPs can include current and former owners and operators of the site, as well as parties that generated or transported hazardous substances to the site.

  4. Enforcement: CERCLA authorizes the EPA to take enforcement actions against PRPs that fail to comply with cleanup orders or fail to perform cleanup activities. Enforcement actions can include penalties, injunctions, and other legal measures to ensure compliance with the law.

  5. Community Involvement: CERCLA requires public involvement in the cleanup process, including opportunities for community members to provide input on cleanup decisions and access to information about site contamination and cleanup activities.

  6. Cleanup Funding: CERCLA established the Superfund program, which provides funding for the cleanup of contaminated sites where responsible parties are unable or unwilling to pay. The Superfund is financed by a tax on certain industries that produce hazardous substances.

CERCLA has been instrumental in cleaning up thousands of contaminated sites across the United States and protecting human health and the environment from the risks posed by hazardous substances. However, challenges remain, including the complexity of site cleanups, the identification of responsible parties, and the availability of funding for cleanup activities. Ongoing efforts to improve and enforce CERCLA are essential to addressing these challenges and ensuring the effective cleanup of contaminated sites.