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Topic: Comprehensive Environmental Response, Compensation, and Liability Act


Related Topics
EPA

  
  Comprehensive Environmental Response, Compensation and Liability Act (Superfund)
Subchapter I of the 1983 amendments established a comprehensive system to react to releases of hazardous substances and to determine liability and compensation for those affected (42 U.S.C. The President is authorized to notify Federal and State natural resource trustees of potential damages to natural resources and to coordinate related assessments [42 U.S.C. 9604 (b)(2)].
The Department of the Interior is a trustee for natural resources, and the Service is responsible for the protection and restoration of trust resources injured by uncontrolled releases of hazardous materials.
The Service is responsible for conducting assessments to establish injury and the dollar equivalent of that injury for collection of damages from parties responsible for releasing hazardous materials.
www.fws.gov /laws/lawsdigest/compenv.html   (368 words)

  
 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT: Summary from Federal Wildlife Laws Handbook
Responsible parties are liable to the U.S., the state or an Indian tribe for damages for injury to, destruction of, or loss of natural resources belonging to, managed by, controlled by, or appertaining to the U.S., the state or the tribe.
There is no liability where: (1) the damages were specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement or similar analysis, (2) the decision to grant the permit or license authorizes the commitment, and (3) the facility was complying with the permit or license.
The Act contains extensive provisions on the procedures to be followed for the submission and negotiation of settlement proposals, on public participation in the settlement process, on the allocation of responsibility and on covenants not to sue once agreement is reached.
ipl.unm.edu /cwl/fedbook/cercla.html   (3085 words)

  
 Comprehensive Environmental Response, Compensation, and Liability Act
In 1986 CERCLA was reauthorized and amended by the Superfund Amendments and Reauthorization Act (SARA).
Furthermore, because the Superfund statute imposes the responsibility on federal agencies to take all remedial action concerning the contamination (including that found necessary after the property transfer), EPA has determined that a prospective purchase agreement for property transferred from federal agencies to private landowners and transferees is not necessary.
This amendment exempts from Superfund liability "any person who arranged for recycling of recyclable material." Two things must be demonstrated in order to qualify for the exemption: (1) the material must fit the definition of recyclable material and (2) the person seeking the exemption must have "arranged for recycling" of the material.
www.eh.doe.gov /oepa/laws/cercla.html   (3185 words)

  
 Cercla Overview, Superfund, US EPA
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980.
Long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening.
CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.
www.epa.gov /superfund/action/law/cercla.htm   (266 words)

  
 impact environmental   (Site not responding. Last check: 2007-10-23)
Prudence suggests that most real estate transactions (especially commercial and industrial) be assessed for environmental impairment prior to consummation of a property transfer, to evaluate the risk of the transfer in light of potential environmental liabilities.
Environmental liability, exposing past and present property owners to substantial expenses for the cleanup of hazardous materials from real property, was established under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).
CERCLA was amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA).
www.impactenvironmental.com /liability.html   (147 words)

  
 CERCLA
The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. commonly referred to as "CERCLA" or "Superfund," was enacted by Congress in 1980.
CERCLA refers to the actions it mandates to address inactive hazardous waste sites as "response actions." There are two basic response actions: "removals" and "remedial actions." A removal action is usually taken in response to an imminent danger to human health or the environment.
CERCLA requires a response where necessary to protect human health and the environment when there is a release of a hazardous substance into the environment or when there is a release of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare.
www.uscg.mil /mlclant/ldiv/cercla.htm   (4725 words)

  
 CERCLA   (Site not responding. Last check: 2007-10-23)
This act is targeted at the cleanup of releases of hazardous substances in the air, on land, or in water.
Liability may be retroactive so that a past owner of a site may have current liability even if they complied with all regulations in existence at the time of the activity.
The concept of joint and several liability holds that any responsible party could be held accountable for the entire cleanup cost, even if their contribution was a minor one.
mywebpages.comcast.net /prayingmantis/watershed/clearinghouse/gunpowder/cercla.htm   (754 words)

  
 Background - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)   (Site not responding. Last check: 2007-10-23)
Responsible parties often have incentives to manage their own remedial or removal actions, rather than waiting for EPA or a state regulatory agency to conduct a clean-up.
With regard to new releases, the CERCLA hazardous substance release reporting regulations (40 CFR Part 302) are intended to insure an appropriate response to minimize harm to humans and the environment.
CERCLA directs the person in charge of a facility to report to the National Response Center (NRC) as soon as they have knowledge of any environmental release of a listed hazardous substance which exceeds a reportable quantity.
www.chemalliance.org /Handbook/background/back-cercla.asp   (761 words)

  
 Comprehensive Environmental Inc (CEI) -Environmental Acts Summary
The major emphasis of the Act is to control hazardous waste disposal "cradle to grave," with most of the regulations pertaining to industrial handling of hazardous materials and wastes.
The Safe Drinking Water Acts (SDWA) of 1974, 1986 and 1996 regulate all community sources of drinking water, with a growing list of contaminant based standards that must be met along with performance-based regulations requiring treatment of source waters.
This Act was passed in 1974 with minimal standards for drinking water, basically requiring chlorine disinfection for most surface waters.
ceiengineers.com /permitting/environmentalacts.htm   (1154 words)

  
 Arc Ecology Project: Library & Reading Room
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980, providing broad Federal authority to identify and implement the appropriate response to hazardous wastes that have been released or that may be released into the ground, water, and air.
CERCLA also established a trust fund to provide for cleanup when no responsible party could be found; this trust fund was the result of a tax on the chemical and petroleum industries.
CERCLA authorized both short-term removal actions to address releases or threatened releases that require an immediate response as well as long-term removal actions to permanently significantly reduce the risks to humans and the environment from releases or threatened releases.
www.arcecology.org /library/env_laws.shtml   (1298 words)

  
 Comprehensive Environmental Response, Compensation and Liability Act
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was enacted in 1980 in response to public outcry over the problems at hazardous waste dumps such as Love Canal.
CERCLA responds to hazardous waste sites that are already in existence and currently pose severe threats to human health and the environment.
CERCLA establishes a scheme for cleanup of such sites and provides a mechanism for the government to recover cleanups costs from responsible parties, so as not to deplete the Superfund.
www.lgean.org /html/fedregsguide/ve.cfm   (665 words)

  
 RTK NET Environmental Databases   (Site not responding. Last check: 2007-10-23)
CERCLA was enacted on 12/11/80, and amended by the Superfund Amendments and Reauthorization Act of 1986.
These acts established broad authority for the government to respond to problems posed by the release, or threat of release, of hazardous substances, pollutants, or contaminants.
CERCLA also imposed liability on those responsible for releases and provided the authority for the government to undertake enforcement and abatement action against responsible parties.
www.rtknet.org /cerclishelp.html   (304 words)

  
 CRS Report RL30022: Summaries of Environmental Laws Administered by the EPA
Response is also authorized for releases of "pollutants or contaminants," which are broadly defined to include virtually anything that can threaten the health of "any organism." Most nuclear materials and petroleum are excluded, except for those petroleum products that are specifically designated as hazardous substances under one of the laws mentioned above.
There are no limits to liability if the hazardous substance release is due to misconduct; negligence; violation of any safety, construction, or operating standards or regulations; or when cooperation and assistance requested by a public official in connection with response activities is denied.
A fiduciary's liability is limited to the value of the assets held in trust, provided the fiduciary did not cause or contribute to the hazardous substance release.
www.cnie.org /nle/crsreports/briefingbooks/laws/j.cfm   (2354 words)

  
 CNS Environmental :: CERCLA and SARA
The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) exposes property owners, past and present, to substantial expenses for the cleanup of hazardous materials from real property.
With respect to this liability, it has become prudent to require that a professional environmental assessment be performed prior to the transfer of a property.
In concert with this extention of a landowner's potential liability, SARA also provided an important defense, known as the "innocent landowner defense," which is contingent upon a defendant having had no reason to know a property was contaminated prior to holding title (42 USC § 9607 (b)(3)(a) and (b)).
www.cnsenvironmental.com /reference/laws/cercla   (296 words)

  
 Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended
CERCLA (pronounced SIR-cla) provided a tax imposed upon the petroleum and chemical industries which generated monies for a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment from hazardous waste sites.
CERCLA's major emphasis has remained the cleanup of inactive hazardous waste sites and the distribution of cleanup costs among the parties who generated and handled hazardous substances at these sties.
Through the Act, EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup.
www.madcon.com /law_lib/cercla   (597 words)

  
 EPA Region 5: Comprehensive Environmental Response, Compensation, and Liability Act (Superfund)
EPA Region 5: Comprehensive Environmental Response, Compensation, and Liability Act (Superfund)
EPA is authorized to implement the Act in all 50 states and U.S. territories.
In Region 5, CERCLA is administered by the Superfund Division.
www.epa.gov /region5/defs/html/cercla.htm   (330 words)

  
 The MSDS HyperGlossary: Comprehensive Environmental Response, Compensation & Liability Act, CERCLA
The MSDS HyperGlossary: Comprehensive Environmental Response, Compensation and Liability Act, CERCLA
CERCLA provided liability for those responsible for illegal waste dumping as well as a trust fund to clean up sites when the responsible parties could not be found or determined.
CERCLA was originally funded by a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
www.ilpi.com /MSDS/ref/cercla.html   (657 words)

  
 New Page 2
Comprehensive Environmental Response, Compensation, and Liability Act: Established prohibitions and requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons responsible for releases of hazardous waste at these sites; and established a trust fund to provide for cleanup when no responsible party could be identified.
The law authorizes two kinds of response actions: Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response; and long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening.
The Superfund Amendments and Reauthorization Act (SARA): Amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on October 17, 1986.
www.uwec.edu /jolhm/EH/Gagas/laws.htm   (409 words)

  
 ATSDR - CERCLA Priority List of Hazardous Substances
CERCLA also requires this list to be revised periodically to reflect additional information on hazardous substances.
This CERCLA priority list is revised and published on a 2-year basis, with a yearly informal review and revision.
Each substance on the CERCLA Priority List of Hazardous Substances is a candidate to become the subject of a toxicological profile prepared by ATSDR and subsequently a candidate for the identification of priority data needs.
www.atsdr.cdc.gov /cercla   (428 words)

  
 [No title]
The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor's reasonable, potential, long-term liability.
Environmental Compliance and Restoration Account -STATUTE- (a) There is established for the Coast Guard an account known as the Coast Guard Environmental Compliance and Restoration Account.
All sums appropriated to carry out the Coast Guard's environmental compliance and restoration functions under this chapter or another law shall be credited or transferred to the account and remain available until expended.
uscode.house.gov /download/pls/14C19.txt   (789 words)

  
 Summary of the Hanford Site 1995 Environmental Report
The Tri-Party Agreement is an agreement among the EPA, Washington State Department of Ecology, and DOE for achieving compliance with the remedial action provisions of the Comprehensive Environmental Response, Compensation, and Liability Act and with treatment, storage, and disposal unit regulation and corrective action provisions of the Resource Conservation and Recovery Act.
This Act requires that the public be provided with information about hazardous chemicals in the community and establishes emergency planning and notification procedures to protect the public from a release.
Onsite and offsite environmental occurrences (spills, leaks, etc.) of radioactive and nonradioactive effluent materials during 1995 were reported to DOE as specified in DOE Order 5000.3B and to other federal and state agencies as required by law.
www.hanford.gov /docs/annualrp/compli.htm   (1654 words)

  
 Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA ) information at Environmental ...
CERCLA also requires industries to disclose to their communities what hazardous substances they use and store.
CERCLA authorized EPA to remediate polluted sites and created Superfund to pay for site cleanups when there is no clear-cut responsible party.
Enviro.BLR.com provides plain-English summaries of the differences between federal and state environmental laws and regulations, state and federal final and proposed regulations and notices, "Ask the Experts" service, daily news, twice-weekly regulatory e-mail updates, and monthly state-specific newsletters.
enviro.blr.com /environmental_information/cercla.htm   (218 words)

  
 I. Introduction   (Site not responding. Last check: 2007-10-23)
Under Section 120(a)(1), CERCLA specifies that Federal departments, agencies, and instrumentalities must comply with CERCLA in the same manner and to the same extent as nongovernmental entities.
A detailed description on a state-by-state basis of the status of each facility subject to CERCLA Section 120, including a description of the hazards presented by each facility, plans and schedules for initiating and completing response actions, enforcement status (where appropriate), and an explanation of any postponements or failure to complete response actions.
Completed - a response action is considered complete once a no action decision has been made and the documentation sent to the regulators, or physical remediation has been completed and the documentation has been submitted to the regulators.
web.em.doe.gov /cercla99/chap1.html   (1915 words)

  
 Testimony on the Comprehensive Environmental Response, Compensation, and Liability Act
Proponents of a cutoff date for Superfund liability want to eliminate the perceived unfairness of retroactivity and to reduce or eliminate the "transaction costs" of funding cleanup through a liability-based system.
The liability faced by Superfund's "potentially responsible parties" (PRPs) arises mostly from actions that occurred before 1981 and almost entirely from actions before 1987.
The effect on those costs of a liability cutoff for legal activities at Superfund sites would depend not only on the cutoff date but also on the extent of illegal activities, which may be a factor at one-third to one-half of nonfederal sites.
www.cbo.gov /showdoc.cfm?index=5496&sequence=0   (659 words)

  
 The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980
The above mention are liable for all costs for removal and remedial action incurred by the national contingency plan, any necessary costs of response incurred by any other person, and/or damages for injury to, destruction of, or loss of natural resources, including the costs of assessing such damages.
The regulation discusses environmental responses for which the Federal Government agrees to reimburse a portion of the cost.
Respond or response are defined to mean the removal, remedy, and remedial action, all such terms (including removal and remedial action) including enforcement activities related thereto.
www.geog.umn.edu /courses/8344/web_pages/plante   (4416 words)

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