Karen Clement & Casey Branch. Comprehensive Environment Response, Compensation, and Liability Act. ...

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CERCLA “Superfund” Karen Clement & Casey Branch

Transcript of Karen Clement & Casey Branch. Comprehensive Environment Response, Compensation, and Liability Act. ...

Page 1: Karen Clement & Casey Branch.  Comprehensive Environment Response, Compensation, and Liability Act.  A fund to clean up abandoned and hazardous waste.

CERCLA “Superfund”Karen Clement & Casey Branch

Page 2: Karen Clement & Casey Branch.  Comprehensive Environment Response, Compensation, and Liability Act.  A fund to clean up abandoned and hazardous waste.

Comprehensive Environment Response, Compensation, and Liability Act.

A fund to clean up abandoned and hazardous waste sites.

What is CERCLA

Page 3: Karen Clement & Casey Branch.  Comprehensive Environment Response, Compensation, and Liability Act.  A fund to clean up abandoned and hazardous waste.

Established in 1980 in the middle of discovering toxic waste dumps such as Love Canal & Times Beach

Love Canal, New York◦ Area was originally used to build a canal then sold area to

Hooker’s Chemical & Plastics who over 10 years buried over 21,000 tons of toxic waste. Then location sold to NFBE that built schools and homes on area. Contamination leaked into drinking water of over 77,000. Effects: Lesions, burns, leukemia, birth defects. President Carter declared State of Emergency & evacuation. 2004 taken of NPL.

Times Beach, Missouri ◦ Found contaminated oil as the cause of death for many dogs

and birds. The use of oil waste was used to control dust on unpaved roads.

Why?

Page 4: Karen Clement & Casey Branch.  Comprehensive Environment Response, Compensation, and Liability Act.  A fund to clean up abandoned and hazardous waste.

Creates tax on chemical, crude oil, petroleum, and hazardous waste used to clean up sites.

Sets up guidelines on how to clean up sites. ◦ Allows the EPA to clean up such sites and to let responsible

parties perform cleanups or reimburse the government for EPA-lead cleanups.

Locates dumps and sets priorities of worst – National Priority List. Ex: mining, nuclear, military, and industrial sites.

Has a liability scheme for parties to collect money to clean up sites, EPA can sue to recoup cleanup money.

What it does

Page 5: Karen Clement & Casey Branch.  Comprehensive Environment Response, Compensation, and Liability Act.  A fund to clean up abandoned and hazardous waste.

2001 Congress enacted the Small Business Liability Protection and Brownfield's Revitalization Act – amends liability scheme of CERCLA

De Micromis Exemption◦ Applies only for liability costs at NPL sites. Eligibility: must

have released less than 110 gallons of waste before April 2001.

Changes Over Time

Page 6: Karen Clement & Casey Branch.  Comprehensive Environment Response, Compensation, and Liability Act.  A fund to clean up abandoned and hazardous waste.

http://www.eoearth.org/article/Love_Canal,_New_York?topic=58075

http://www.epa.gov/superfund/policy/cercla.htm

http://en.wikipedia.org/wiki/Superfund http://www.greens.org/s-r/078/07-09.html

http://www.ehso.com/superfund.php

Sources