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Topic: Superfund


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In the News (Tue 2 Dec 08)

  
  Superfund - Wikipedia, the free encyclopedia
Superfund is the common name for the United States environmental law that is officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. ยงยง 9601 to 9675, which was enacted by the United States Congress on December 11, 1980 in response to the Love Canal disaster.
This law created a tax on petroleum and chemical 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.
CERCLA was later amended to increase the amount of the 'Superfund' to $8.5 billion.
en.wikipedia.org /wiki/Superfund   (774 words)

  
 Dave Kopel on Superfund on National Review Online
Superfund is a failure, perhaps the most ineffective of all federal environmental programs.
The Superfund law (formally known as CERCLA —; the Comprehensive Environmental Response, Compensation and Liability Act) was enacted during the Carter administration thanks to an episode of panic and misinformation about the Love Canal incident in New York, a panic intensified by President Carter's declaration of a state of emergency.
Because anyone who disposed any waste in a Superfund site is liable for the full cost of the clean-up, pizza parlors, and other small businesses that generate very low-toxicity waste have been sued for millions of dollars because they sent their garbage to a municipal landfill that began to leak decades later.
www.nationalreview.com /kopel/kopel061902.asp   (1863 words)

  
 CRS Report: IB97025 - Superfund Reauthorization Issues in the 105th Congress - NLE
The Superfund FY1998 appropriation was also $1.5 billion (P.L. The authority to collect the taxes that support the trust fund ended in 1995; a General Accounting Office study said the outlook for the Superfund Trust Fund after FY 1999 is uncertain.
Superfund is the principal federal program for cleaning up inactive hazardous waste sites and protecting public health and the environment from releases of hazardous substances.
While many parties have desired Superfund reform for several years, the lack of agreement on reforming the liability provisions appears to be the key reason impeding congressional action.
ncseonline.org /NLE/CRSreports/Waste/waste-17.cfm?&CFID=6044264&...   (2592 words)

  
 Superfund and Retroactive Liability: Is It Really Fair?
Superfund was initially created to solve a perceived short-term dilemma, made up of a few big sites, with a few companies that were to blame.
Superfund taxes are coming from corporations, and shifting governmental and private savings from these reforms to cleanup will permit the money to be spent on continuing cleanups without raising taxes.
Superfund Reform '95 believes that outcome of the Smith bill will do little to reduce the burden of liability facing small businesses today; they're left with huge costs, and attorneys and consultants will be needed.
www.afn.org /~recycler/politics.html   (2500 words)

  
 US CODE: Title 26,9507. Hazardous Substance Superfund
The maximum aggregate amount of repayable advances to the Superfund which is outstanding at any one time shall not exceed an amount equal to the amount which the Secretary estimates will be equal to the sum of the amounts appropriated to the Superfund under subsection (b)(1) during the following 24 months.
Advances made to the Superfund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in the Superfund.
If at any time the Superfund has insufficient funds to pay all of the claims payable out of the Superfund at such time, such claims shall, to the extent permitted under paragraph (1), be paid in full in the order in which they were finally determined.
www.law.cornell.edu /uscode/26/9507.shtml   (723 words)

  
 Superfund Program - Minnesota Pollution Control Agency   (Site not responding. Last check: 2007-10-21)
The Superfund Program identifies, investigates and determines appropriate cleanup plans for abandoned or uncontrolled hazardous waste sites where a release or potential release of a hazardous substance poses a risk to human health or the environment.
Primary users of the Superfund Program are industries that generated or transported, and then disposed of or arranged for disposal of hazardous substances.
Services are also provided to residents surrounding Superfund sites and to community groups, attorneys and consultants/contractors working for responsible parties, local governments and development agencies, lenders and property developers, and other state and federal agencies.
www.pca.state.mn.us /programs/superf_p.html   (539 words)

  
 Reusing Superfund Sites
Reuse of each Superfund site begins and ends with the needs of the particular community in which the site is located.
The Fairchild Semi-conductor Superfund site was once the home of more than a dozen computer firms that used solvents daily in their manufacturing process.
Former Superfund sites (many in economically-troubled areas) are now the location of retail stores, small businesses, franchises, family-run restaurants, industrial parks, shopping centers, and manufacturing plants.
nationalatlas.gov /articles/environment/a_superfund.html   (2832 words)

  
 Hunton & Williams | Superfund   (Site not responding. Last check: 2007-10-21)
After almost 20 years, the federal Superfund law and state analogs continue to engage firm lawyers in an array of challenging matters.
We closely monitor new developments in rulemaking and guidance documents that EPA issues under the Superfund program, as well as in related programs under the Clean Water Act, Safe Drinking Water Act, Clean Air Act and other federal, state and local laws that may impose liability and cleanup obligations.
Finally, the firm was selected to serve as mediator between a group of major industrial companies and casualty insurers, and the firm produced a compromise on environmental insurance issues which served as the basis of comprehensive legislation that passed the House.
www.hunton.com /practices/practice_detail.aspx?gr_H4ID=909   (789 words)

  
 Privatizing Superfund: How To Clean Up Hazardous Waste
Superfund liability is also "retroactive" and "joint and several." "Retroactive" means that liability extends to cleanup of wastes disposed of at any time in the past.
Superfund's "Operation Eden." The most fundamental objection to Superfund's cleanup standards is that once a site moves beyond the emergency removal program into long- term remediation, the health risks posed to people off the site are close to zero, or can be made so at low cost.
Superfund was sold as a program to deal with a public health emergency but drafted as a grandiose effort to scrub the world free of contamination.
www.cato.org /pubs/pas/pa-247.html   (17730 words)

  
 Superfund
Congress passed the Federal Superfund law in 1980 in response to the toxic waste catastrophe at the Niagara Falls, N.Y., Love Canal dump.
The Superfund fees also encourage waste reduction, since it may be cheaper for companies to use less toxic or non-toxic chemicals and technologies, or to reuse toxic materials.
Superfund fees provide financial incentives for industries to reduce their use of toxic chemicals.
www.besafenet.com /Superfund.htm   (1748 words)

  
 Salting the Earth: The Case for Repealing Superfund
Superfund calls for retroactive liability, meaning that corporate practices that might have been safe, legal, fully permitted, or even required under the law years ago can now be punished retroactively.
The courts have interpreted Superfund as calling for joint and several liability, meaning that any party that ever touched that waste--no matter how tertiary the involvement or how minor the amount--can be held liable for the full cost of remediation.
Money spent on Superfund risks is money not spent on something else, including the ability to protect public health in other ways, reduce poverty, improve public safety, or even the intangible (but very real) benefits one gets from disposing one's income as one likes.
www.cato.org /pubs/regulation/reg18n2d.html   (7012 words)

  
 Superfund
For nearly a quarter century, the federal Superfund program has protected communities and landowners from the latent effects of polluted industrial sites.It requires companies responsible for pollution to pay to restore the land, water and air to useable condition.
Superfund — the nation's pre-eminent cleanup law — was designed to make sure polluters pay for cleaning up their own contaminated sites.
The best reason for renewing the Superfund trust fund is no farther away than Plymouth, where a 15-year attempt to clean up an old oil waste site has led to lengthy, costly negotiations to recover cleanup costs from hundreds of businesses and organizations in Maine.
www.besafenet.com /superfundnews.htm   (6047 words)

  
 CRS Report: 97-312 - Superfund Glossary from the Superfund Fact Book - NLE
The Superfund program is the principal federal effort for cleaning up inactive hazardous waste sites and protecting public health and the environment from releases of hazardous substances.
The law seeks to make those responsible for the improper disposal of hazardous waste bear the costs and accept responsibility for their actions, and it also established the Hazardous Substance Superfund Trust Fund to finance response actions where a liable party cannot be found or is incapable of paying cleanup costs.
Taxing authority for Superfund expired at the end of 1995, and Congress has not enacted legislation to reauthorize the tax.
cnie.org /NLE/CRSreports/Waste/waste-1.cfm   (1449 words)

  
 The EPA Superfund List   (Site not responding. Last check: 2007-10-21)
"Superfund" is the commonly-used name for the Comprehensive Environmental Response, Contamination and Liability Act (the "Superfund" law).
A large number of sites were removed from the Superfund "current" list as a result of agreements by the companies involved to perform the cleanup privately, whether or not the cleanup has actually been performed adequately, although many of these sites have been properly remediated.
I do not usually endorse other commercial websites, but this website appears to be unique in the amount of data that they can provide regarding these sites, data that would take most people enormous amounts of time and money to find and classify.
www.cqs.com /esuper.htm   (549 words)

  
 Bush Greenwatch   (Site not responding. Last check: 2007-10-21)
Congress passed the Superfund law in 1980, in response to the discovery that the New York town of Love Canal had been built upon a massive, abandoned toxic waste site.
The Superfund also created a trust, funded by industry fees, for EPA to clean up "orphan sites"--sites where polluters refused to clean up, where the company was no longer in existence, or where a polluter could not afford to pay for the clean-up.
It states that polluters continue to pay for clean-ups at 70% of sites for which responsible parties have been found (this was the case before 2000 as well).
www.bushgreenwatch.org /mt_archives/000063.php   (735 words)

  
 superfund
The state Department of Environmental Conservation and Department of Health are currently developing soil cleanup standards for the brownfields program that protect public health, particularly sensitive populations such as children, and protect groundwater as a drinking water source.
As with the Superfund program, New York has the opportunity to again be a national leader with the new brownfields soil cleanup standards.
The draft soil regulations are expected to be released by June 2005, followed by a 120-day public comment period and at least three public hearings across the state.
www.nypirg.org /enviro/superfund   (259 words)

  
 Superfund > History
CERCLA, or Superfund as it is more commonly known, was formed to primarily deal with cleaning up hazardous waste sites where owners had shirked responsibility, but also allowed injured parties to sue in Federal court for damages.
EPA's Superfund program is responsible for identifying contaminated sites and quantifying risks to health and the environment from a broad range of conditions, chemicals and threats at uncontrolled hazardous waste sites.
Superfund: 20 years of protecting Human Health and the Environment.
depts.washington.edu /sfund/history.html   (684 words)

  
 CNN.com - White House won't tax corporations for Superfund cleanup - February 24, 2002
The administration shares the concern of many congressional Republicans, who have long said the Superfund program wastes money on lengthy litigation over who is responsible for toxic sites.
The Bush fiscal year 2003 budget shows rapidly dwindling federal resources for Superfund cleanups -- with $860 million available for these purposes in 2001, $427 million in 2002 and $28 million in 2003.
But not all copies of the Bush budget, which is published in many forms, indicate the White House's opposition to corporate taxes to help pay for cleanups or the dwindling of available Superfund resources.
www.cnn.com /2002/ALLPOLITICS/02/24/bush.superfund/index.html   (646 words)

  
 The Total Costs of Cleaning Up Nonfederal Superfund Sites
As the Congress begins to consider reauthorizing Superfund, which is due to expire on September 30, 1994, it is giving increased scrutiny to several aspects of the program, including the cost.
The Superfund experience to date shows that some sites are hundreds of times more expensive than others; the base-case estimate of the average cost for a small minority of "mega-sites" is $169 million in cleanups conducted by EPA, compared with a $24 million average for all other sites.
When the current Superfund law was enacted, little information was available about the ultimate costs to the taxpayer and the economy.
www.cbo.gov /showdoc.cfm?index=4845&sequence=0   (1906 words)

  
 Easterbrook
Bear in mind that Superfund was originally enacted in 1980 as a temporary, emergency program in response to the Love Canal, Times Beach, and other toxic-waste discoveries.
Superfund's initial purpose--protecting the public from old toxic wastes--has long since been fulfilled.
Some remaining Superfund sites pose vexing problems, a reason analysts such as Katherine Probst of the nonpartisan think tank Resources for the Future think spending should continue at significant levels for at least several more years.
www.tnr.com /easterbrook.mhtml?pid=1353   (786 words)

  
 Superfund - Toxics - Sierra Club
EPA cleanup officials at Superfund sites must report annually and more frequently if warranted, on the potential for human exposure to Superfund site contamination and on whether groundwater pollution at the site is under control.
One year ago, the Superfund Trust Fund ran out of polluter-contributed funds, and American taxpayers are now shouldering the costs of the entire program.
The Bush administration is the first since the Superfund program began not to support the polluter-pays principle.
www.sierraclub.org /toxics/superfund   (436 words)

  
 Superfund Platform
Monies for the "Superfund" trust account should continue to be derived from the dedicated tax on petroleum and chemical feedstocks, the corporate environmental tax, and general appropriations.
Further, in many of the communities most affected by Superfund sites, there is inadequate, or no access to, proper medical attention, proper housing, good nutrition, and other social and educational factors, all of which exacerbate the exposure to toxic chemicals.
Clinics, or specially designated medical units must be provided for each Superfund community (An existing facility easily accessible to the community may be the designated "clinic," or in some communities, a mobile clinic or other facility may be provided).
www.ccaej.org /projects/platform.htm   (3880 words)

  
 Superfund Projects   (Site not responding. Last check: 2007-10-21)
BACKGROUND: The ILCO Superfund Site includes the Main Facility where battery reclamation and secondary lead smelting operations were conducted from 1970 to 1992 and five satellite areas where waste materials were placed.
Although numerous changes to the scope of work were requested by the USEPA throughout the process, AGC was able to complete the project within 10% of the original budget.
The Marathon Superfund Site was nominated by the American Society of Civil Engineers for the Outstanding Civil Engineering Achievement for 1995 and was delisted from the National Priorities List in 1996.
www.agcinfo.com /projectlistsup3.html   (2760 words)

  
 UC Berkeley Superfund Basic Research Program
The purpose of the UC Berkeley Superfund Basic Research Program, "Toxic Substances in the Environment," is to study the fundamental relationships between exposure to chemicals and human illness and to apply discoveries to develop methods of remediating contaminants in air, water, and soil.
About Us The UC Berkeley Superfund Basic Research Program is comprised of a team of scientists from UC Berkeley, UC San Francisco, Lawrence Berkeley National Laboratory and Lawrence Livermore National Laboratory.
The UC Berkeley Superfund Basic Research Program has eight research projects that address the most pressing areas of environmental health research, including children's health, the cleanup of toxic metals and solvents, novel methods of assessing exposure, and the genetic susceptibility of individuals.
ehs.sph.berkeley.edu /superfund   (290 words)

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