The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a United States federal law designed to clean up sites contaminated with hazardous substances and pollutants. Enacted by Congress on December 11, 1980, CERCLA authorizes the Environmental Protection Agency (EPA) to identify parties responsible for contamination and compel them to remediate the site or reimburse the government for EPA-led cleanup efforts.
Key Provisions
Liability
CERCLA establishes a liability framework that identifies potentially responsible parties (PRPs) who may be held accountable for contamination. PRPs include:
- Current owners and operators of a site
- Past owners and operators at the time of disposal
- Arrangers of disposal or transport of hazardous substances
- Transporters who selected the disposal site
Cleanup Process
The cleanup process involves several steps:
- Preliminary Assessment and Site Inspection (PA/SI): Identify and assess potential hazardous sites.
- National Priorities List (NPL): Prioritize sites needing significant attention.
- Remedial Investigation/Feasibility Study (RI/FS): Analyze the extent of contamination and evaluate remediation options.
- Record of Decision (ROD): Document the chosen remedy.
- Remedial Design/Remedial Action (RD/RA): Implement the solution.
- Site Reuse/Redevelopment: Ensure the site is safe for future use.
Funding
CERCLA establishes a trust fund, known as the Superfund, which initially was funded by taxes on the chemical and petroleum industries. This fund is utilized when responsible parties cannot be identified or are unable to pay.
Historical Context
CERCLA was enacted in response to widespread environmental contamination events, such as the Love Canal disaster, where toxic waste had severe health and environmental impacts. This legislation marked a significant turning point in United States environmental policy and regulation, emphasizing the “polluter pays” principle.
CERCLA in Practice
Examples of CERCLA Sites
Love Canal, New York
One of the most infamous Superfund sites, Love Canal, where decades of industrial toxic waste dumping led to a public health emergency in the late 1970s.
Times Beach, Missouri
The entire town was evacuated and demolished after contamination from dioxin, a highly toxic compound, was discovered.
Applicability
CERCLA applies to numerous contaminated sites across the United States, ranging from small industrial properties to large-scale federal landholdings.
Related Terms
- RCRA (Resource Conservation and Recovery Act): Governs the disposal of solid and hazardous waste.
- EPA (Environmental Protection Agency): The federal agency responsible for implementing CERCLA.
- Superfund: The trust fund established for cleaning up hazardous waste sites under CERCLA.
FAQs
How is a site placed on the National Priorities List (NPL)?
Who pays for the cleanup if the responsible party cannot be found?
What is the role of PRPs in the cleanup process?
Summary
CERCLA, or the Comprehensive Environmental Response, Compensation, and Liability Act, is a cornerstone of U.S. environmental law aimed at cleaning up hazardous waste sites and holding polluters accountable. Through a combination of liability measures, cleanup processes, and a dedicated Superfund, CERCLA addresses the critical need for environmental remediation and protection.
References
- Rainey, David L., Pollution Control and Cleanup Law in the United States. (Environmental Policy Collection, 2019)
- Environmental Protection Agency (EPA). “Superfund: CERCLA Overview.” Accessed August 20, 2023. epa.gov.
- McCutcheon, Steve R., and Jerald L. Schnoor. Phytoremediation: Transformation and Control of Contaminants. (Wiley-Interscience, 2003)
This entry provides a detailed, structured, and informative exploration of CERCLA, emphasizing its significance, procedures, and impact on environmental law and policy.
