Superfund
Definition:
Superfund, officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is a federal law enacted by the United States Congress in 1980. This law created a tax on the chemical and petroleum industries and provided federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
Purpose:
Retreatatory Liability: Under Superfund, those responsible for contamination can be held liable for the costs of cleaning up the pollution and for damages to natural resources, regardless of when the pollution occurred. This concept of retroactive liability means responsible parties can be held accountable even if the pollution happened decades before.
Cleanup Responsibilities: CERCLA established a trust fund (initially funded by taxes on the chemical and petroleum industries) to provide for cleanup when no responsible party can be identified, or when they are unable or unwilling to pay.
Key Components:
National Priorities List (NPL): Sites that are most in need of cleanup are listed on the NPL and prioritized based on a Hazard Ranking System.
Highly informational public records: A publicly accessible database allows citizens to access and review documents and information concerning Superfund enforcement actions and cleanup activities, enhancing transparency.
Legal Framework:
CERCLA provided the EPA with enforcement authority to find the parties responsible for contamination and assure their cooperation in the cleanup.
Amendments to the Superfund act include the Superfund Amendments and Reauthorization Act (SARA) of 1986 which made several important changes and improvements to the comprehensive cleanup of hazardous waste sites.
Impact and Relevance:
By enforcing responsibility for environmental damage, Superfund aims to not only clean up hazardous waste sites but also deter future irresponsible behavior by industries. This ensures public health and environmental protection.
For more information on guidances and regulations, visit the U.S. Environmental Protection Agency’s (EPA) Superfund site.
