Define: Comprehensive Environmental Response Compensation And Liability Act

CERCLA, also known as the Superfund Act, is a federal law enacted in 1980 to address the cleanup of hazardous waste sites and hold responsible parties accountable for the costs associated with the cleanup.

CERCLA holds potentially responsible parties (PRPs) liable for the cleanup of hazardous waste sites. PRPs can include current and former owners or operators of the site, as well as parties that contributed to the contamination.

The Environmental Protection Agency (EPA) is responsible for identifying and designating Superfund sites. The process involves conducting preliminary assessments, site inspections, and potentially listing the site on the National Priorities List (NPL) if it meets certain criteria.

Yes, CERCLA allows individuals and communities to file lawsuits to recover costs associated with the cleanup of hazardous waste sites. These lawsuits can be brought against responsible parties or the government.

The statute of limitations for filing a lawsuit under CERCLA is generally three years from the date of the discovery of the release or the date of completion of the cleanup, whichever is later.

Yes, under CERCLA, parties can be held liable for cleanup costs even if they did not cause the contamination. This is known as strict liability, where liability is based on ownership or operation of the site, rather than fault.

Yes, CERCLA provides certain defences for potentially responsible parties, such as the “innocent landowner” defence, which applies when a party can prove they did not know and had no reason to know about the hazardous substances on their property.

Yes, the government, primarily the EPA, has the authority to take enforcement actions against responsible parties under CERCLA. These actions can include issuing administrative orders, conducting investigations, and seeking penalties or cost recovery.

Yes, CERCLA encourages public participation in the decision-making process for Superfund site cleanups. This includes opportunities for public comment, public meetings, and the establishment of community advisory groups.

The cleanup of Superfund sites is primarily funded through the Superfund Trust Fund, which is financed by taxes on certain industries and a portion of the general revenue. Additionally, responsible parties can be required to contribute to the cleanup costs.