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Who Is Responsible For Cleanup Under CERCLA? - Online Essays

Who Is Responsible For Cleanup Under CERCLA?


?
What is CERCLA? The Comprehensive Environmental Response, Compensation, and
Liability Act ( CERCLA )
1) The purpose of CERCLA is to make owners and operators of hazardous waste
dump sites and contaminated areas, as well as their customers, responsible for
cleanup costs and property damage. 2) CERCLA is also referred to as THE
SUPERFUND. It is authorized to a level of 8.5 billion dollars. The funding for
CERCLA comes 87% from taxes on the chemical industry and 13% from general
revenues of the federal government.

Who is responsible?
After a hazardous waste site is identified, CERCLA places ultimate cleanup
responsibility on those who used the site. Parties responsible for a waste ...

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there. ( The seller of a foundry was
found liable under CERCLA when it was sold for $25,000, but was appraised at
$200,000, suggesting the decision to sell was for disposal of hazardous
materials.) A vendor is not an owner if it did not own the property at the time
of toxic discharge from the facility.

iii) A parent company may be considered the owner, despite the formation of a
subsidiary with day to day control over operations.

iv) Lenders and secured creditors are liable if they actively participate in
decisions involving either waste treatment, or site development. They are not
liable if they do not participate in management decisions. (silent partners and
banks)

v) An owner, employer, or waste generator may be liable for the harmful
consequences of disposal practices undertaken by third parties in a contractual
relationship with it. ( If I hire Fly-By-Night Disposal Corp. to dispose of my
waste and they do so by dumping it in the river, then I may be ...

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Who Is Responsible For Cleanup Under CERCLA?. (2004, May 26). Retrieved March 28, 2024, from http://www.essayworld.com/essays/Who-Is-Responsible-Cleanup-Under-CERCLA/8439
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"Who Is Responsible For Cleanup Under CERCLA?." Essayworld.com. May 26, 2004. Accessed March 28, 2024. http://www.essayworld.com/essays/Who-Is-Responsible-Cleanup-Under-CERCLA/8439.
"Who Is Responsible For Cleanup Under CERCLA?." Essayworld.com. May 26, 2004. Accessed March 28, 2024. http://www.essayworld.com/essays/Who-Is-Responsible-Cleanup-Under-CERCLA/8439.
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PAPER DETAILS
Added: 5/26/2004 06:05:09 AM
Category: Science & Nature
Type: Premium Paper
Words: 467
Pages: 2

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