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Unit 9

Unit 9. CERCLA: Inactive Hazardous Waste Sites. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Mandatory components: Mandatory reporting of releases to the National Response Center Response and remediation Superfund National Priorities List (NPL).

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Unit 9

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  1. Unit 9 CERCLA: Inactive Hazardous Waste Sites

  2. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) • Mandatory components: • Mandatory reporting of releases to the National Response Center • Response and remediation • Superfund • National Priorities List (NPL)

  3. History of CERCLA • 1980 enactment • Response to Love Canal, Times Beach, Stringfellow Acid Pits, and others • Harmfulness of many wastes not known at time of disposal • SDWA definition of hazardous waste with petroleum excluded

  4. Liability under CERCLA • Strict • Joint and several • Retroactive • Potentially responsible party • Covered person

  5. CERCLA defenses • Act of god • Act of war • Act of third party • Due diligence • residential property • commercial property • agricultural property

  6. CERCLA defenses • Lender exemption • Fiduciary/heirs/forced sales • de minimus settlements

  7. CERCLA citizen suits • 60 day notice to: • EPA • State • Alleged violator(s) • No suit if EPA/state suit • Costs, including attorney & expert witness fees

  8. Brownfields initiative • Federal • http://www.epa.gov/superfund/ • http://www.epa.gov/brownfields/ • State • http://wastenot.ehnr.state.nc.us/

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