Who is responsible for CERCLA?
The Environmental Protection Agency (EPA)
The liability requires the parties to pay damages for the clean up of the sites. CERCLA invokes theories and elements of environmental law, property law, and tort law. The Environmental Protection Agency (EPA) is responsible for enforcing CERCLA.
When was the comprehensive environmental response compensation liability act?
December 11, 1980
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980.
Which environmental law made companies responsible for cleaning up hazardous waste at a site?
The Superfund law (officially the Comprehensive Environmental Response, Compensation and Liability Act, (CERCLA)) imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.
What is a potentially responsible party?
Potentially Responsible Party (PRP) — any individual or organization—including owners, operators, transporters or generators—potentially responsible for, or contributing to, a spill or other contamination at a Superfund site.
How is CERCLA enforced?
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.
Who passed the Comprehensive Environmental Response Compensation and Liability Act?
Legal Research Guide for information relating to the Comprehensive Environmental Response, Compensation, and Liability Act passed in 1980, 42 U.S.C. § 9601 et seq. The Comprehensive Environmental Response, Compensation & Liability Act was signed into law by President Jimmy Carter on December 11, 1980.
Who is liable for environmental clean up?
Current owners of real estate in California are liable, without fault, for investigation and clean up of hazardous wastes on their property. Environmental Response and Compensation Act of 1980, as amended, 42 U.S.C. §9607(a)(1) (“CERCLA”).
Who is responsible for cleaning up a Superfund site?
EPA’s
EPA’s Superfund program is responsible for cleaning up some of the nation’s most contaminated land and responding to environmental emergencies, oil spills and natural disasters.
Who is responsible for clean water?
EPA
EPA is responsible for making sure that the public water supply within the United States is safe.
Who enforces the Clean Water Act?
EPA enforces requirements under the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA). For more on EPA’s enforcement process, go to basic information on enforcement.
What is a PRP site?
Early in the cleanup process, EPA conducts a search to find all of the potentially responsible parties (PRPs). EPA looks for evidence to determine liability by matching wastes found at the site with parties that may have contributed wastes to the site.