What Is CERCLA [Comprehensive Environmental Response, Compensation and Liability Act]?

What Is CERCLA?

Las Vegas, NV – CERCLA stands for the Comprehensive Environmental Response, Compensation and Liability Act. This law was first enacted on December 11, 1980 by congress. It allows the federal government to tax oil companies, which is then utilized to clean up hazardous sites. Although it is a federal program, most states have their own version of CERCLA.

The act also provides a federal “Superfund” utilized to clean abandoned hazardous waste sites such as chemical spills and accidents. The act allows the EPA to contact the companies responsible for the spills and require their cooperation in order to facilitate the clean up process.

CERCLA was created by the Agency for Toxic Substances and Disease Registry. Approximately 70% of the hazardous spill ups handled by the EPA have been paid for by the responsible parties. A significant amount of money used to fund CERCLA comes from a tax placed on petroleum and oil companies. However, since 2001, many of the clean ups utilized taxpayer money in order to fund the process. As a result of insufficient funds, the cleanups have decreased to just 8 in 2014.

CERCLA Holds Parties Legally & Financially Liable

CERCLA allows the EPA to hold parties financially responsible and legally liable for inappropriate chemical waste disposal. It also allows the EPA to utilize a trust fund in order to obtain the funds in order conduct clean up on sites where the responsible parties cannot be contacted. CERCLA is important because it requires offending companies and parties to pay for the clean up of hazardous sites. The EPA has the authority to enforce CERCLA in every state of the United States.

Removal & Remedial Actions

As a result of CERCLA, the EPA is authorized to respond the chemical spills with both removal actions and remedial actions. Removal actions are short-term actions designed to clean up affected areas in a timely manner. Remedial actions are long term plan designed to reduce hazardous spills on a long term basis. Remedial actions can only be implemented in areas that are on the NPL (National Priorities List).