Who is responsible for CERCLA?
The Environmental Protection Agency (EPA)
The liability requires the parties to pay damages for the clean up of the sites. CERCLA invokes theories and elements of environmental law, property law, and tort law. The Environmental Protection Agency (EPA) is responsible for enforcing CERCLA.
What are the four classifications of liable parties under CERCLA?
There are four classes of Superfund liable parties:
- Current owners and operators of a facility,
- Past owners and operators of a facility at the time hazardous wastes were disposed,
- Generators and parties that arranged for the disposal or transport of the hazardous substances, and.
Who is responsible for Superfund cleanup?
EPA
EPA, the principal agency responsible for administering the Superfund program, has since identified more than 47,000 hazardous waste sites potentially requiring cleanup actions and has placed some of the most seriously contaminated sites on its National Priorities List (NPL).
What are possible enforcement actions that can be taken under CERCLA?
These include authorities to search a PRP’s property, order PRPs to clean up sites, negotiate settlements with PRPs to fund or perform site cleanup, and to take legal action if the PRPs do not perform or pay for cleanup.
What is a potentially responsible party?
(m) Potentially responsible party or PRP means any person who may be liable pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), for response costs incurred and to be incurred by the United States not inconsistent with NCP.
Who is liable under RCRA?
Under RCRA, a plaintiff has to establish three elements: (i) a site may present an imminent and substantial endangerment to the health or environment; (ii) the endangerment arises from handling, storage, treatment, transportation, or disposal of any solid or hazardous waste, and (iii) the defendant is contributing or …
Who pays for CERCLA cleanup?
According to a 2015 U.S. Government Accountability Office report, since 2001, most of the funding for cleanups of hazardous waste sites has come from taxpayers; a state pays 10 percent of cleanup costs in general and at least 50 percent of cleanup costs if the state operated the facility responsible for contamination.
What does the Superfund not cover?
That means that the government can’t spend Superfund money on anything except cleaning up hazardous-waste sites.) Superfund is administered by the Environmental Protection Agency (EPA). Even though Superfund was created relatively recently, civilizations have always had to deal with the problem of waste disposal.
What happens if you violate CERCLA?
Criminal fines may be imposed either under CERCLA § 103 or 18 U.S.C. § 3571, the Alternative Fines Act. Enforcement of criminal violations is authorized under CERCLA § 103 for knowing violations and the falsification or destruction of records.
How are PRPs determined?
Early in the cleanup process, EPA conducts a search to find all of the potentially responsible parties (PRPs). EPA looks for evidence to determine liability by matching wastes found at the site with parties that may have contributed wastes to the site.
Can a PRP be held liable under CERCLA?
Christian to future cases, a court would need to complete the analysis under CERCLA, taking into account that PRP designation alone is not sufficient to impose liability. PRPs are liable for response costs caused by a release from their facility. See e.g., 42 U.S.C. §§ 9606 (a), 9607 (a); Pakootas v.
What was the impact of the CERCLA decision?
It may be argued that the decision broadens the definition of PRP. CERCLA’s already-expansive definition of PRPs now includes landowners whose soil is contaminated by another PRP’s facility because a release has “come to be located” on their land.
How does the EPA find potentially responsible parties?
Early in the cleanup process, EPA conducts a search to find all of the potentially responsible parties (PRPs). EPA looks for evidence to determine liability by matching wastes found at the site with parties that may have contributed wastes to the site.
Who are the responsible parties in a Superfund?
Types of Superfund Liable Parties. There are four classes of Superfund liable parties: Current owners and operators of a facility, Past owners and operators of a facility at the time hazardous wastes were disposed, Generators and parties that arranged for the disposal or transport of the hazardous substances, and.