Who Is Responsible For Cleanup Under CERCLA?

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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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