The federal and state governments are responsible for helping to take care of the environment. They pass laws that regulate the activities of companies and individuals. Some environmental statutes promote the cleanup of past abuses of the environment. At the federal level, the most prominent such law is the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
What's CERCLA?
CERCLA is a law establishing a system for designating the most contaminated sites. It also establishes the financing for the cleanup of these sites. Another common name for this act is Superfund.
Superfund provides a system for:
- Administrative designation of responsibility for cleanup costs
- Identifying who may be required to fund Superfund cleanups, by legal action against them in court if necessary
What Agency Is Responsible for Enforcing CERCLA?
The US Environmental Protection Agency (EPA) is the agency responsible for enforcing CERCLA. More specifically, the EPA's Office of Solid Waste and Emergency Response (OSWER) runs the program. It carries out multiple tasks, including:
- Preparing lists of sites to be targeted for remediation
- Establishing cleanup priorities and standards
- Identifying potentially responsible parties and seeking to have them pay their respective share of cleanup costs
The EPA enforces CERCLA in every state. It has a National Priorities List (NPL) that contains the top environmental threats. This includes hazardous contaminants, pollutants and substances. The NPL guides the EPA and helps to:
- Determine the areas that need further investigation as to any environmental risks
- Notify the public of any problem sites
- Identify appropriate remedies
- Serve notice to any responsible parties of a potential remedial action
Who Pays for Cleanups?
Superfund is financed by payments from the responsible parties. They bear the financial burden of cleanups. The EPA negotiates with them to receive financial assurance. Taxes may also be assessed on particular industries to help with the funding.
How Does the CERCLA Cleanup Process Work?
The cleanup process begins when the EPA is informed of potential contamination in the environment. A preliminary assessment is performed on the area. The objective is to determine if there's a threat to the environment or to human health.
A site inspection is carried out if the preliminary report recommends further study. The site is placed on the NPL if the threat is serious. A remedial investigation is performed to collect important data about the area. Alternative remedial actions are developed in a feasibility study.
The actual cleanup remedies that'll be used are designed. The design is then put into action to fix the contamination. The EPA will check to make sure the cleanup is complete. The site may be deleted from the NPL if no further action is needed.
Do States Have Their Own Cleanup Programs?
States generally have their own systems for environmental cleanup programs. Many state programs follow the pattern of Superfund. However, states have developed other effective remedies not provided by the federal system.
The most effective programs are those tying the requirements for cleanup to transactions involving the contaminated properties. For example, a company may seek to transfer a property that's contaminated. The transaction can be delayed until cleanup measures have been put into place. There are financial pressures associated with these types of business transactions. Buyers and sellers are more willing to address pollution problems in order to close the deal.
Questions for Your Attorney
- My company is violating a state environmental law. Should I say anything? What state agency do I tell about the violation?
- Where do I go to find out the environmental laws in my state?
- Can the EPA force a company to pay for the cleanup of contamination even though the company contends that it's not responsible?