Superfund

Question 1

What was the goal/general idea of how CERCLA was to be implemented?

Answer 1

1. quick response and cleanup

2. go after guilty parties later

Question 2

What are the 4 main components of CERCLA?

Answer 2

1. establish tax to create fund
2. establish authorization to identify sites for action
3. establish authorization to investigate/clean up sites
4. establish basis to apply liability to clean up and pay back cost into the fund

Question 3

Superfund Tax

What was taxed?
What was the special provision?
How would the Superfund be replenished?

Answer 3

Tax on oil, chemical feedstocks, imported chemicals

Sunset provision

Fund replenished by recovery from liable parties

Question 4

Retroactive, strict, joint, and several liability

What is meant by retroactive?

Answer 4

Retroactive: liability for owners/operators at time of release and disposal, and waste generators, transporters, and brokers

Question 5

Retroactive, strict, joint, and several liability

What is meant by strict?

What is meant by joint and several?

Answer 5

Strict: liability regardless of intent, ignorance, existing law, or prevailing standard of care

Joint and several: all parties are equally liable, but any party can be singled out

Question 6

What is a Remedial Investigation? What are its 3 goals?

Answer 6

Remedial Investigation:

1) assess nature/extent of contamination
2) assess associated health & environmental risks
3) develop goals for cleanup

Question 7

What is a Feasibility Study? What are the 3 remedial action objectives?

Answer 7

Feasibility Study: evaluates alternatives to reduce site risks to acceptable levels

1) address all cancer risks above 10-4 to 10-6
2) address all chronic non-cancer risks above RfD
3) meet all applicable and relevant/appropriate regulatory requirements