Definition
SUPERFUND, officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is a law enacted by the United States Congress in 1980. The purpose of this law is to facilitate the cleanup of sites contaminated with hazardous substances and pollutants. SUPERFUND is designed to ensure that responsible parties, which can include past and present owners, operators, and transporters of waste, bear the financial burden of cleaning up contaminated sites. The Environmental Protection Agency (EPA) oversees the implementation of SUPERFUND.
Examples
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Love Canal, New York: One of the most well-known SUPERFUND sites, the Love Canal disaster prompted the enactment of CERCLA. The site was contaminated with toxic chemicals, which led to substantial health and environmental issues for residents.
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W.R. Grace & Co., Montana: The W.R. Grace site in Libby, Montana, was contaminated with asbestos and required extensive cleanup to mitigate the health risks posed to the local community.
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Hudson River PCBs: The General Electric (GE) contamination of the Hudson River with PCBs (polychlorinated biphenyls) led to a significant cleanup effort, facilitated by the SUPERFUND program.
Frequently Asked Questions (FAQs)
What is the purpose of the SUPERFUND program?
The SUPERFUND program aims to clean up hazardous waste sites and ensure that responsible parties pay for the remediation costs. The program also seeks to protect public health and the environment from the adverse effects of contaminated sites.
Who is held accountable for cleaning up a SUPERFUND site?
Any party that has contributed to the contamination of the site, including current and previous owners, operators, and waste transporters, can be held liable for cleanup costs under the strict liability provisions of CERCLA.
How are SUPERFUND sites identified?
The Environmental Protection Agency (EPA) identifies and assesses potentially contaminated sites. If a site is found to pose a significant risk to public health or the environment, it may be placed on the National Priorities List (NPL) and targeted for remediation under the SUPERFUND program.
What happens if responsible parties cannot be identified or are unable to pay?
If responsible parties cannot be identified or lack the financial capacity to pay for the cleanup, the EPA can use funds from the SUPERFUND Trust Fund to finance the cleanup activities. This trust fund is supported by taxes on the chemical and petroleum industries, as well as general federal revenues.
What is the National Priorities List (NPL)?
The NPL is a list of hazardous waste sites in the United States identified by the EPA as priorities for remediation under the SUPERFUND program. Sites on the NPL are eligible for long-term remedial action funding.
Related Terms
- CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): The official name of the law that established the SUPERFUND program.
- National Priorities List (NPL): A list of sites deemed to pose significant risks to human health or the environment, prioritized for cleanup under the SUPERFUND program.
- Hazardous Substance: Any substance designated under the SUPERFUND law as posing a significant risk to public health or the environment.
- Potentially Responsible Party (PRP): Individuals or organizations that may be held accountable for contamination at a SUPERFUND site.
Online Resources
References
- Environmental Protection Agency. “Superfund: National Overview.” EPA, www.epa.gov/superfund.
- United States Congress. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Pub. L. No. 96-510, 94 Stat. 2767 (1980).
Suggested Books for Further Studies
- “Superfund and Reauthorization: Abandoned Hazardous Waste Sites” by Linda Luther
- “Environmental Law and Policy” by Richard L. Revesz and Robert N. Stavins
- “Environmental Cleanup at SUPERFUND Sites: Research Roundtable Proceedings” by T.J. Glover
