CERCLAHistoryDefinitionsMajor ComponentsSARA/ “Superfund”Response ActionsRemedial ProcessNational Priorities ListNational Contingency Plan (NCP)Reporting RequirementsLiability – PRPLiability FeaturesDefenses Against LiabilityBrownfieldsCERCLASAFE 210HistoryEnacted in 1980Focused on abandoned disposal sites/inactive hazardous waste sites and spills/discharges into the environmentFailure or success?DefinitionsHazardous substances - located in 40 CFR Part 302. Hazardous substances defined in:Section 101(14) and 102 of CERCLAHazardous wastes under RCRA and Section 3001Hazardous substances in Section 311 of CWAToxic pollutants in Section 307 of CWAHazardous air pollutants in Section 112 of CAAImminently hazardous substances in Section 7 of TSCAPotentially Responsible Party (PRP)Reportable quantityReleaseMajor ComponentsSuperfund Amendments and Reauthorization Act (SARA)“Superfund”Response actions/remedial processNational Priority List (NPL)National Contingency Plan (NCP)Reporting requirementsLiabilitySARA/ “Superfund”Created by taxesUsed to pay cleanup and enforcement costs as well as natural resource damages and private party claims.Response ActionsRemoval action< 12 months to completeUp to 2 million in expenditureRemedial actionTakes years to completeRemedial ProcessSite identificationNPL listingPlanning remedial actionsRemedial investigation/feasibility studyDetermining level of cleanupRecord of decisionAdministrative recordImplementation of cleanup decisionState involvement11 Sullivan, Thomas F.P. et al. Environmental Law Handbook. Sixteenth ed. 2001. Rockville, MD.National Priorities ListEstablished in 1981Based on a hazard ranking systemNational Contingency Plan (NCP)Primary guide for response actionsThe NCP addresses:ResponsibilitiesCoordinationResponseCleanup Administrative recordReporting RequirementsReport to National Response CenterWhat is a release?What is the reportable quantity?Liability – PRPWho are Potentially Responsible Parties (PRPs)?Current owner and operatorOwner at time of disposalGenerator of hazardous substancesTransporter of hazardous substance (that who arranged for disposal)Liability FeaturesStrict liabilityRetroactive liabilityJoint and several liabilityDefenses Against LiabilityAct of GodAct of warAct or omission of a third partyBrownfieldsAbandoned, idled, or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental