Definition
Potentially Responsible Parties (PRPs) are individuals or organizations identified as legally liable for environmental contamination and pollution at hazardous waste sites. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), often referred to as Superfund, the Environmental Protection Agency (EPA) holds these parties responsible for the cleanup costs associated with hazardous waste release. PRPs can include current or past property owners, operators of the site, parties that arranged for disposal or treatment of hazardous substances, and parties that transported hazardous substances to the site.
Examples
-
Current Owner/Operator: If a company currently owns or operates a site where hazardous waste has been found, they can be considered a PRP and held responsible for cleanup efforts and related costs.
-
Past Owner/Operator: A business that previously owned or operated on a site where contamination is discovered can be classified as a PRP, even if they no longer have any ties to the site.
-
Arranger: A company that arranges for the disposal or treatment of hazardous substances can be tagged as a PRP if those substances contribute to the contamination of a site.
-
Transporter: Any entity that transports hazardous waste to a site may also be liable as a PRP if the waste contributes to the site’s contamination.
Frequently Asked Questions (FAQs)
What criteria does the EPA use to identify PRPs?
The EPA identifies PRPs based on a relationship to the contaminated site. This includes current and past owners, operators, arrangers, and transporters of hazardous substances linked to the site contamination.
What happens once a party is identified as a PRP?
Once identified, PRPs may be required to investigate the extent of contamination, participate in cleanup activities, or reimburse the EPA for cleanup costs already incurred. Failure to cooperate can lead to legal actions and significant financial penalties.
Can multiple parties be identified as PRPs for a single site?
Yes, multiple parties can be identified and held jointly and severally liable for cleanup efforts. This means each PRP can be held responsible for the entire cost of the cleanup, irrespective of their individual share of the contamination.
Are there defenses available for PRPs under CERCLA?
Yes, CERCLA provides certain defenses such as acts of God, acts of war, and acts or omissions of a third party with whom the PRP has no contractual relationship. Innocent landowner, contiguous property owner, and bona fide prospective purchaser defenses can also apply under specific conditions.
Can PRPs recover cleanup costs from other PRPs?
Yes, through contribution claims, a PRP that incurs costs responding to contamination can seek to recover a pro rata share of those costs from other PRPs.
Related Terms
-
CERCLA: The Comprehensive Environmental Response, Compensation, and Liability Act; a federal law designed to address hazardous waste sites.
-
EPA: Environmental Protection Agency; the U.S. federal agency responsible for managing and enforcing national environmental policies and regulations.
-
Superfund: A program established by CERCLA to fund the cleanup of hazardous waste sites and to respond to environmental emergencies.
-
Hazardous Waste: Waste materials that are dangerous or potentially harmful to human health or the environment.
Online Resources
-
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
-
EPA - Enforcement: Potentially Responsible Parties (PRP) Search
References
-
Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed [date].
-
United States Code. “Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).” Title 42, Chapter 103.
-
EPA. “Identifying Potentially Responsible Parties at Superfund Sites.” Accessed [date].
Suggested Books for Further Studies
-
“Environmental Law and Policy” by Jane Holder and Maria Lee
-
“Principles of Environmental Economics and Sustainability: An Integrated Economic and Ecological Approach” by Ahmed M. Hussen
-
“The Law of Hazardous Waste: Management, Cleanup, Liability, and Litigation” by Susan M. Cooke
Real Estate Basics: Potentially Responsible Parties Fundamentals Quiz