Definition
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, was enacted in 1980. It gives the federal government broad authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. 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.
Examples
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Love Canal Incident: The 1978 Love Canal disaster in New York State, involving the leakage of hazardous substances in the residential area, led to the urgent passage of CERCLA. The Act facilitated the cleanup of the contaminated site and provided legal avenues for holding responsible parties accountable.
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Woolfolk Chemical Works Site: Located in Fort Valley, Georgia, this site was designated a Superfund site due to contamination from pesticide manufacturing operations. Under CERCLA, cleanup activities were undertaken to remediate soil and groundwater contamination.
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Stringfellow Acid Pits: A hazardous waste site in Riverside County, California, that became a focus of CERCLA due to leachate and contaminants seeping into groundwater. Environmental restoration under Superfund provisions mitigated the impacts.
Frequently Asked Questions
What is the purpose of CERCLA?
The purpose of CERCLA is to facilitate the cleanup of hazardous-waste sites and to ensure the protection of public health and the environment from releases of hazardous substances.
Who is responsible for cleaning up a Superfund site?
Under CERCLA, potentially responsible parties (PRPs) could include past and present owners and operators of the site, waste transporters, and waste generators. If no responsible party can be identified, the federal government uses money from the Superfund trust to clean up the site.
How are Superfund sites selected?
Sites are evaluated and included in the National Priorities List (NPL) based on their risk to human health or the environment. The EPA uses the Hazard Ranking System (HRS) to score sites and determine eligibility for the NPL.
What types of contaminants does CERCLA cover?
CERCLA covers a broad range of contaminants including organic chemicals, heavy metals, radioactive substances, and other toxic pollutants that can affect human health and the environment.
Can communities participate in the clean-up activities?
Yes, CERCLA requires community involvement. The affected communities are encouraged to participate in decision-making processes related to the cleanup efforts.
Related Terms
- Superfund: A fund established to finance the cleanup of hazardous-waste sites and enforce the provisions of CERCLA.
- National Priorities List (NPL): A list of hazardous waste sites in the U.S. eligible for long-term remedial action financed by the Superfund program.
- Potentially Responsible Parties (PRPs): Individuals or organizations potentially liable for contamination at a Superfund site.
- Hazard Ranking System (HRS): A scoring system used by the EPA to evaluate the potential of sites to pose a risk to public health and the environment.
Online Resources
- EPA Superfund Site Information
- CERCLA Legislative Information
- National Priorities List (NPL) Site Status
References
- United States Environmental Protection Agency. “Superfund: National Priorities List (NPL) Sites – by State.” Accessed April 3, 2023.
- Congressional Research Service. “Superfund: Overview and Selected Issues.” Report R41039, updated October 14, 2021.
Suggested Books for Further Study
- “The Law of Hazardous Waste: Management, Cleanup, Liability, and Litigation” by Susan M. Cooke
- “Superfund: EPA’s Efforts Under the Comprehensive Environmental Response, Compensation, and Liability Act” by The United States Government Accountability Office (GAO)
- “Environmental Cleanup at Navy Facilities” by Lynda Shackelford
