What US CERCLA / Superfund (42 USC ch 103): Release Reporting, Response Authority and Strict Liability requires
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, the Superfund law), codified at 42 U.S.C. Chapter 103 (sections 9601-9675), provides federal authority to respond to releases of hazardous substances and imposes liability for the costs of cleanup, administered by the US Environmental Protection Agency (EPA). Section 9601 defines the regulated terms, including 'hazardous substance', 'facility', 'release' and 'response'. Section 9603 imposes the release-reporting duty: a person in charge of a vessel or facility, as soon as he has knowledge of a release of a hazardous substance in a quantity equal to or greater than the reportable quantity, must immediately notify the National Response Center, and a person who fails to notify, or who submits false information, is, on conviction, fined in accordance with title 18 or imprisoned for not more than three years (not more than five years for a second or subsequent conviction), or both. Section 9604 confers the President's (delegated to EPA) response authority to undertake removal and remedial action, section 9605 provides for the National Contingency Plan and the National Priorities List, and section 9606 authorizes abatement actions to address an imminent and substantial endangerment. Section 9607 sets the liability scheme: the owner and operator of a facility, any person who at the time of disposal owned or operated the facility, any person who arranged for disposal or treatment, and any person who accepted hazardous substances for transport to the site are each liable for removal and remedial costs, other necessary response costs, and damages for injury to, destruction of, or loss of natural resources; courts have construed this liability as strict and, in appropriate cases, joint and several. Section 9613 governs civil proceedings and contribution, and section 9622 governs settlements. Section 9609 sets civil penalties, including Class I administrative penalties of not more than $25,000 per violation, Class II administrative penalties of not more than $25,000 per day (not more than $75,000 per day for subsequent violations), and judicial civil penalties of not more than $25,000 per day per violation. Penalty figures are subject to inflation adjustment by regulation.
Pillar: Water & Environmental Resources · Authority: US Congress / US Environmental Protection Agency (EPA) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap103.htm
SHA-256 integrity: 9c981bacc91c81f7078d5e6090d81fb8aa109274990579e84043e53dde5c5be3
Primary Citations — 8 traced to source
- CERCLA, 42 U.S.C. 9601 - definitions, including hazardous substance, facility, release and response.
- CERCLA, 42 U.S.C. 9603 - notification requirements and criminal penalty for failure to notify (up to three years, five years for a subsequent conviction).
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