Understanding the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Defining CERCLA
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law designed to clean up sites contaminated with hazardous substances. Enacted by the United States Congress on December 11, 1980, CERCLA aims to identify and manage areas riddled with hazardous wastes and pollutants threatening public health and the environment.
Purpose and Scope of CERCLA
CERCLA was designed to address the challenges posed by hazardous waste sites across the United States. The law empowers federal agencies, primarily the Environmental Protection Agency (EPA), to seek out and clean up the most dangerous waste sites, known as National Priorities List (NPL) sites. Additionally, CERCLA imposes liability on parties responsible for contamination and funds cleanup activities via a dedicated trust, commonly referred to as the Superfund.
How CERCLA Works
Site Identification and Listing
EPA, states, tribes, and other stakeholders collaborate in identifying waste sites and assessing their potential risks. Those posing the highest risks are added to the NPL.
Detailed Investigation and Cleanup Plan Development
Once a site is listed, a more comprehensive study (Remedial Investigation/Feasibility Study) follows to determine contamination levels and formulate an effective cleanup strategy.
Cleanup and Long-Term Maintenance
The cleanup process entails containment, removal, or treatment of hazardous substances, ensuring they no longer pose a danger. Post-cleanup, the site is subject to long-term monitoring and maintenance.
Liability and Who Pays for Cleanups
CERCLA imposes strict, joint, and several liabilities on various entities deemed responsible for contamination, including:
- Current and past site owners/operators
- Transporters of hazardous substances
- Certain businesses that arranged for disposal at the site
Should the responsible parties be unwilling or unable to undertake cleanup, the Superfund steps in, backed by trust funds, fines, and settlements derived from the law.
Examples of CERCLA in Action
Love Canal Tragedy: Catalyst for Change
The Love Canal neighborhood in New York witnessed one of America’s most notorious environmental disasters. After heavy contamination became public-friendly in the late 1970s, activism and media exposure prompted the government’s response, leading to CERCLA’s enactment.
Times Beach, Missouri Cleanup Efforts
After environmental tests revealed dangerous levels of dioxins due to historic waste-disposal methods, matched with flooding, the EPA designated Times Beach a major Superfund site, aiding in the evictions, cleanups, and subsequent rehabilitation.
Frequently Asked Questions
What is CERCLA called in informal terms?
CERCLA is often referred to as the Superfund.
Who enforces CERCLA?
The Environmental Protection Agency (EPA) is the primary agency responsible for enforcing CERCLA.
Why was CERCLA enacted?
CERCLA was enacted to ensure the cleanup of America’s NTN sites laden with hazardous waste posing severe threats to both human and environmental health.
What is the National Priorities List (NPL)?
The National Priorities List (NPL) constitutes a list of the most hazardous sites identified for cleanup efforts under CERCLA guidelines.
How is CERCLA funded?
Originally, CERCLA relied on taxes levied from chemical and petroleum industries. However, today funding primarily stems from general revenue and cost-recovered cleanups compensated by convicted entities.
Related Terms: Superfund, EPA, Hazardous Waste, Environmental Cleanup, Liability Act.
