1. CERCLA SAFE 210

2. History  Enacted in 1980  Focused on abandoned disposal sites/inactive hazardous waste sites and spills/discharges into the environment  Failure or success?

3. 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  Release

4. Major Components  Superfund Amendments and Reauthorization Act (SARA)“Superfund”  Response actions/remedial process  National Priority List (NPL)  National Contingency Plan (NCP)  Reporting requirements  Liability

5. SARA/ “Superfund”  Created by taxes  Used to pay cleanup and enforcement costs as well as natural resource damages and private party claims.

6. Response Actions  Removal action  < 12 months to complete  Up to 2 million in expenditure  Remedial action  Takes years to complete

7. Remedial 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 involvement 1 1 Sullivan, Thomas F.P. et al. Environmental Law Handbook. Sixteenth ed. 2001. Rockville, MD.

8. National Priorities List  Established in 1981  Based on a hazard ranking system

9. National Contingency Plan (NCP)  Primary guide for response actions  The NCP addresses:  Responsibilities  Coordination  Response  Cleanup  Administrative record

10. Reporting Requirements  Report to National Response Center  What is a release?  What is the reportable quantity?

11. 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)

12. Liability Features  Strict liability  Retroactive liability  Joint and several liability

13. Defenses Against Liability  Act of God  Act of war  Act or omission of a third party

14. Brownfields  Abandoned, idled, or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination