What is a potential responsible party?
Potentially Responsible Party (PRP) — any individual or organization—including owners, operators, transporters or generators—potentially responsible for, or contributing to, a spill or other contamination at a Superfund site.
Who is responsible for funding CERCLA?
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. NFPA signs and kits are available at Safety Emporium.
What regulation or regulatory authority identifies sites that have hazardous substances and requires the responsible parties to clean them up?
The EPA seeks to identify parties responsible for hazardous substances releases to the environment (polluters) and either compel them to clean up the sites, or it may undertake the cleanup on its own using the Superfund (a trust fund) and seek to recover those costs from the responsible parties through settlements or …
Who is subject to CERCLA?
In addition, CERCLA § 310(a) allows citizens to file a civil action against the President or any other officer of the United States (including the EPA Administrator and the Administrator of the Agency for Toxic Substances and Disease Registry) for alleged failure to perform any non-discretionary act or duty.
Who can sue under CERCLA?
CERCLA allows private parties to recoup their cleanup costs from other PRPs. When a private party incurs costs, it may sue under CERCLA Section 107(a) to recover from another PRP all costs that are necessary and incurred consistent with the NCP.
What is a PRP in law?
potentially responsible party used esp. in environmental law.
How does EPA find potentially responsible parties?
Early in the cleanup process, EPA conducts a search to find all of the potentially responsible parties (PRPs). EPA looks for evidence to determine liability by matching wastes found at the site with parties that may have contributed wastes to the site.
Who pays for the Superfund?
The law says EPA can make the people responsible for contamination pay for site studies and cleanup work. EPA negotiates with these Potentially Responsible Parties (PRPs) to reach an agreement. Sometimes EPA pays for the cleanup out of a pool of money called the Superfund and then tries to make PRPs pay back the costs.
Is CERCLA a state or federal act?
The Comprehensive Environmental Response, Compensation, and Liability Act — otherwise known as CERCLA or Superfund — provides 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 …
What is a PRP under CERCLA?
(m) Potentially responsible party or PRP means any person who may be liable pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), for response costs incurred and to be incurred by the United States not inconsistent with NCP.
What is the CERCLA process?
CERCLA authorizes clean up responses when there is a release or threat of a hazardous substance into the environment, and sets a framework for accomplishing those actions.
Can private parties sue under CERCLA?
What is strict liability under CERCLA?
CERCLA imposes strict liability for the costs associated with cleanup of hazardous substances upon certain statutorily defined parties known as PRPs (potentially responsible parties). One type of PRP is the owner of a site on which hazardous substances are found.
How is CERCLA enforced?
The EPA enforces CERCLA through the Superfund Enforcement program. This program allows three options for the EPA to enforce the law if responsible owners and operators of a site are found and can pay for cleanup costs: administrative and judicial orders, voluntary settlement agreements and cost-recovery actions.
Why is CERCLA called Superfund?
In response, Congress established the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in 1980. CERCLA is informally called Superfund. It allows EPA to clean up contaminated sites.
Who pays for environmental cleanup?
By law, the parties responsible for the use, transportation, storage, and disposal of hazardous substances and oil are liable for costs. This liability applies to the cost of containment, cleanup, and damages resulting from a release related to their own activities.
What are the main purposes of CERCLA?
What does the CERCLA do?
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA): 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.
What is the purpose of CERCLA?
What does PRP mean in court?
potentially responsible party
potentially responsible party used esp. in environmental law.
What are possible types of defenses to liability under CERCLA?
Section 107(b) of CERCLA includes the following defenses to liability if a person can show, by a preponderance of the evidence, that the contamination was solely caused by: Acts of God; Acts of war; Acts or omissions of a third party.
What are possible enforcement actions that can be taken under CERCLA?
These include authorities to search a PRP’s property, order PRPs to clean up sites, negotiate settlements with PRPs to fund or perform site cleanup, and to take legal action if the PRPs do not perform or pay for cleanup.