Act to Amend and Reauthorize the Superfund Cleanup and Liability Trust
The Superfund Amendments and Reauthorization Act (SARA) of 1986 was a major piece of legislation that reauthorized the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This act provided additional funding for hazardous waste cleanups around the country. It also included several site-specific amendments, definitions clarifications, and technical requirements to ensure that cleanups were conducted properly. In addition to these provisions, Title III of SARA authorized the Emergency Planning and Community Right-to-Know Act (EPCRA). This act required companies to report their use of certain hazardous chemicals to local authorities. It also established emergency planning committees in each state to help prepare for potential chemical accidents or spills. The EPCRA was designed to give communities more information about potential hazards in their area so they could better protect themselves from environmental threats.Control and Administration of Law
The Superfund Act, formally known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), was enacted in 1980 by the United States Congress. The purpose of this act is to provide a legal framework for the cleanup of hazardous waste sites that pose a risk to human health and the environment. The act established a trust fund, funded by taxes on chemical and petroleum industries, to pay for cleanups at sites where responsible parties cannot be identified or are unable to pay. The Office of Superfund Remediation and Technology Innovation (OSRTI) administers Superfund, which is responsible for overseeing the cleanup process at contaminated sites across the country. OSRTI works with state and local governments, tribes, environmental groups, industry representatives, and other stakeholders to ensure that cleanups are conducted safely and effectively. OSRTI also enforces compliance with CERCLA regulations through inspections, investigations, enforcement actions such as fines or orders requiring corrective action. Additionally, OSRTI provides technical assistance to help communities understand their rights under CERCLA and develop plans for cleaning up contaminated sites.The Superfund Program
The Superfund program is a federal initiative that works to clean up hazardous waste sites across the United States. The Environmental Protection Agency (EPA) is responsible for identifying, monitoring, and responding to these sites. When potentially responsible parties cannot be identified or located, or when they fail to act, the EPA steps in to clean up the orphan sites. Through various enforcement tools, such as orders and consent decrees, the EPA obtains private party cleanup and recovers costs from financially viable individuals and companies once a response action has been completed. The Superfund program operates in all 50 states and U.S. territories, with state environmental protection or waste management agencies coordinating site identification, monitoring, and response activities. This ensures that hazardous waste sites are properly identified and cleaned up in an efficient manner so that communities can remain safe from potential health risks associated with exposure to toxic materials. The Superfund program is an important part of protecting public health and safety by ensuring that hazardous waste sites are properly addressed.Quick Reference: Comprehensive Environmental Response, Compensation, and Liability Act (CERLCA)
The purpose of this mechanism is to provide a means of cleaning up polluted areas and holding possibly guilty parties accountable for the costs of cleaning them up. If a potentially responsible party (PRP) supplied even a trace amount of a hazardous substance to a polluted site, they could be held financially responsible for the cost of CERCLA cleanup efforts. These PRPs fall into one of four major categories.- The current owners or operators of the site at which hazardous substances were disposed of;
- The owners or operators of a site at the time hazardous substances were disposed of at the site;
- Anyone, including the generators of the hazardous substances, who arranged for the disposal, transport, or treatment of hazardous substances found at the site;
- Transporters or anyone who arranged for the transport of hazardous wastes to the facility. The severe, joint and several, and retroactive nature of the responsibility imposed by Section 107(a) of CERCLA makes it unique among environmental statutes.
Frequently Asked Questions
What is CERCLA and why was it enacted?
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted in 1980 by the U.S. Congress. It was designed to clean up sites contaminated with hazardous substances and hold responsible parties accountable for environmental damage. CERCLA’s main focus is on addressing existing contamination and regulating the disposal of hazardous waste to protect human health and the environment.
Who is responsible for the cleanup under CERCLA?
Under CERCLA, any party responsible for the release of hazardous substances can be held liable for cleanup costs. This includes current and former property owners, operators, and those who arranged for the disposal or transport of hazardous materials. If the responsible parties cannot be identified or located, the Environmental Protection Agency (EPA) uses the Superfund to finance the cleanup.
What protections does CERCLA provide for innocent landowners?
CERCLA offers liability protections for innocent landowners who unknowingly purchase contaminated property. If they conducted proper due diligence before purchasing the property, such as performing a Phase 1 Environmental Site Assessment (ESA), they may qualify for the “innocent landowner” defense and avoid liability for pre-existing contamination.
How did the Superfund Amendments and Reauthorization Act (SARA) of 1986 affect CERCLA?
The Superfund Amendments and Reauthorization Act (SARA) of 1986 reauthorized and amended CERCLA by providing additional funding for cleanup activities and clarifying certain aspects of the law. SARA also introduced the Emergency Planning and Community Right-to-Know Act (EPCRA), which requires companies to report hazardous chemical use to local authorities and communities.
How does CERCLA protect the public and the environment from hazardous substances?
CERCLA allows the EPA to respond to the release or threatened release of hazardous substances that may pose an immediate or long-term threat to public health or the environment. The EPA can initiate cleanup actions, compel responsible parties to pay for or perform cleanups, and use the Superfund to finance cleanups when necessary. CERCLA also provides a legal framework for enforcing environmental protections and holding polluters accountable.