Table of Contents
Is the CERCLA ACT national or international?
42 U.S.C. § 9601 et seq. The United States federal Superfund law, officially the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), established the federal Superfund program, administered by the U.S. Environmental Protection Agency (EPA).
Who enforces CERCLA?
The EPA
The EPA enforces CERCLA through the Superfund Enforcement program. This program allows three options for the EPA to enforce the law if responsible owners and operators of a site are found and can pay for cleanup costs: administrative and judicial orders, voluntary settlement agreements and cost-recovery actions.
What law is associated with the Superfund program?
CERCLA
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980.
Why is CERCLA called Superfund?
CERCLA is informally called Superfund. It allows EPA to clean up contaminated sites. It also forces the parties responsible for the contamination to either perform cleanups or reimburse the government for EPA-led cleanup work.
Is CERCLA a statute?
CERCLA identifies the classes of parties liable under CERCLA for the cost of responding to releases of hazardous substances. 12580; this amendment delegated certain CERCLA abatement and settlement authorities to other Federal agencies. The statute can be found at 42 U.S.C. § 9601 et seq.
How is CERCLA funded?
To fund program activities, CERCLA established a trust fund that was financed primarily by taxes on crude oil and certain chemicals, as well as an environmental tax assessed on corporations based upon their taxable income.
What is the CERCLA process?
The CERCLA process is a multi-step cleanup process that begins with site discovery or notification to EPA of possible releases of hazardous substances. Sites are discovered by various parties, including citizens, State agencies, and EPA Regional offices. Some sites may be cleaned up under other authorities.
Is the CERCLA Act effective?
Over the past three decades, CERCLA has successfully cleaned and restored close to 400 contaminated sites once listed on its national priorities list (NPL), including the infamous Love Canal site.
Is CERCLA an effective law?
Superfund, as CERCLA is popularly known, only is one of the most complex laws now in force, but also is widely regarded as both wasteful and ineffective. Under the current law, cleanup of the remaining current and potential sites could cost additional tens of billions of dollars.
What does CERCLA stand for in legal terms?
Overview. The Comprehensive Environmental Response, Compensation and Liability Act is better known as CERCLA. It is codified in 42 U.S.C. Chapter 103. Also known as “Superfund,” CERCLA is aimed at cleaning up sites contaminated with hazardous waste, as well as preventing contamination of future sites by assigning liability to parties involved.
What is the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)?
The Comprehensive Environmental Response, Compensation and Liability Act is better known as CERCLA. It is codified in 42 U.S.C. Chapter 103. Also known as “Superfund,” CERCLA is aimed at cleaning up sites contaminated with hazardous waste, as well as preventing contamination of future sites by assigning liability to parties involved.
What is the slip law for CERCLA?
The slip law was PL 96-510 and the session law was 94 Stat. 2767. The provisions of CERCLA were codified in Title 42 of the United States Code. CERCLA was amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) as well as the Emergency Planning and Community Right to Know Act of 1986.
What does CERCLA stand for in Superfund?
Superfund: CERCLA Overview. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980.