Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Definition

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal statute enacted in 1980 and reauthorized by the Superfund Amendments and Reauthorization Act (SARA) in 1986. The law is designed to manage the cleanup of sites contaminated with hazardous substances and pollutants. It establishes a fund, financed through taxes on industries that produce hazardous waste, which is used for cleanup when no responsible party can be identified. CERCLA imposes strict, joint, and several liability for cleanup costs on a range of potentially responsible parties (PRPs), including current and previous owners, generators, transporters, and disposers of the hazardous waste.

Examples

1. Love Canal, New York: One of the most famous CERCLA cases, where toxic waste buried by a chemical company in the 1940s led to severe health issues for local residents in the late 1970s.
2. Times Beach, Missouri: A town that had to be evacuated and dismantled after it was found to be heavily contaminated with dioxin, primarily from contaminated oil used for dust control.
3. Woburn, Massachusetts: Numerous sites in Woburn, made famous by the book and movie “A Civil Action,” were contaminated with industrial solvents, leading to a significant CERCLA intervention.

Frequently Asked Questions (FAQs)

What is CERCLA?

CERCLA is a federal law that establishes a program for cleaning up contaminated sites and holds parties responsible for hazardous waste contamination accountable for remediation costs.

Who are potentially responsible parties (PRPs) under CERCLA?

PRPs can include current and past property owners, operators, waste generators, and transporters, as well as parties who arranged for the disposal of hazardous substances.

What kind of liability does CERCLA impose?

CERCLA imposes strict, joint, and several liability, meaning any single PRP can be held responsible for the entire cleanup cost, even if they did not directly cause the contamination.

What is a de minimis settlement under CERCLA?

A de minimis settlement is an agreement with the EPA that allows a party with a minor role in the contamination to pay a small amount and be released from future liability and litigation.

What prompted the creation of CERCLA?

CERCLA was created in response to alarming incidents of hazardous waste contamination, notably the Love Canal disaster, which highlighted the need for a comprehensive approach to environmental remediation.

Related Terms

• Superfund: A common name for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), referencing the fund created to finance the cleanup of contaminated sites.
• Superfund Amendments and Reauthorization Act (SARA): The 1986 amendments to CERCLA that, among other things, increased the size of the Superfund and introduced new technical standards and requirements for site remediation.
• Potentially Responsible Parties (PRPs): Individuals or entities that can be held liable for contamination under CERCLA, including current and former site operators and waste transporters.
• Environmental Protection Agency (EPA): The U.S. federal agency responsible for overseeing the implementation of CERCLA and the management of the Superfund program.
• Hazardous Substance: Any material designated as hazardous under CERCLA, capable of posing a significant risk to public health or the environment when improperly managed.

Online Resources

• EPA Superfund: EPA Superfund - The official EPA page dedicated to the Superfund program, offering detailed information about site cleanups, PRPs, and technical guidance.
• Environmental Law Institute (ELI): ELI Superfund - Provides research and publications on laws and regulations related to environmental contamination.
• National Priorities List (NPL): NPL Sites - A list of the sites most in need of cleanup identified by EPA.

References

1. “Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Overview.” Environmental Protection Agency. EPA CERCLA Overview.
2. “Superfund: A Brief History.” Environmental Law Institute. ELI Superfund History.

Suggested Books for Further Studies

• “Superfund’s Future: What Will It Cost?” by Katherine N. Probst and David M. Konisky. A detailed analysis of the financial dimensions of the Superfund program.
• “Cleaning Up the Mess: Implementation Strategies in Superfund” by Thomas W. Church and Robert T. Nakamura. Examines the effectiveness of different policy approaches in managing Superfund sites.
• “Environmental Law Handbook” by Thomas F.P. Sullivan. A comprehensive resource on environmental laws including an extensive section on CERCLA and Superfund.

Real Estate Basics: CERCLA Fundamentals Quiz