Comprehensive Environmental Response, Compensation, and Liability Act

Comprehensive Environmental Response, Compensation, and Liability Act
U.S. Government · Public domain · source
Shorttitle	Comprehensive Environmental Response, Compensation, and Liability Act of 1980
Othershorttitles	Superfund
Longtitle	An act to provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites.
Enacted by	96th
Effective date	December 11, 1980
Cite public law	96-510
Introducedin	House
Introducedby	James Florio (D–NJ)
Passedbody1	House
Passedbody2	Senate
Passedbody5	House
Passedbody6	Senate
Signedpresident	Jimmy Carter
Signeddate	December 11, 1980
Amendments	Superfund Amendments and Reauthorization Act of 1986

Comprehensive Environmental Response, Compensation, and Liability Act. Commonly known as Superfund, it is a landmark federal law designed to address abandoned hazardous waste sites. Enacted in response to national emergencies like the Love Canal disaster, it established a fund and a legal framework for cleanup. The law empowers the Environmental Protection Agency to identify responsible parties and oversee remediation efforts.

Overview and legislative history

The impetus for the law stemmed from growing public and congressional alarm over uncontrolled hazardous waste, highlighted by the Love Canal tragedy in Niagara Falls and the Valley of the Drums in Kentucky. Initial legislative efforts, such as the Resource Conservation and Recovery Act, focused on active waste management, leaving a gap for historical sites. Key sponsors including Representative James Florio and Senator Jennings Randolph championed the bill. It was signed into law by President Jimmy Carter in December 1980, following intense negotiations and amid the final days of the 96th United States Congress. The legislation created a multi-billion dollar trust fund, initially financed by taxes on the petrochemical and corporate income tax, to pay for cleanups where no responsible party could be found.

Key provisions and mechanisms

The act establishes strict, joint, and several liability for parties deemed responsible for contamination, including past and present owners, operators, generators, and transporters. It authorizes two primary types of response actions: short-term emergency removals and long-term remedial cleanups. The National Priorities List is the official list of the nation's most serious uncontrolled hazardous waste sites eligible for long-term cleanup. The law also created the Agency for Toxic Substances and Disease Registry to assess health risks. A critical enforcement tool is the ability of the EPA to issue unilateral administrative orders or pursue cost recovery through litigation in federal district courts.

Implementation and enforcement

The Environmental Protection Agency is the primary implementing agency, working through its ten regional offices and often in coordination with state environmental agencies like the New York State Department of Environmental Conservation. The cleanup process is rigorous, involving site discovery, preliminary assessment, listing on the National Priorities List, a remedial investigation and feasibility study, and record of decision. The United States Department of Justice litigates cases to compel responsible parties, such as major corporations like General Electric or Occidental Petroleum, to perform or pay for cleanups. The Superfund Enforcement Program also promotes settlements, which can include consent decrees lodged with the court.

Impact and legacy

The program has led to the construction of cleanup remedies at hundreds of sites across the country, from the Gowanus Canal in New York City to the Silver Bow Creek in Montana. It has fundamentally altered industrial practices and corporate liability for environmental pollution. The law has faced criticism for the pace and cost of cleanups, and its liability scheme has been the subject of extensive litigation, including key Supreme Court cases. The program has also spurred technological innovation in remediation and increased public participation through requirements for community involvement plans. Its model has influenced environmental legislation in other nations and states.

Amendments and related legislation

The most significant amendment is the Superfund Amendments and Reauthorization Act of 1986, which increased the trust fund, stressed permanent remedies, and added strong new provisions for community right-to-know under the Emergency Planning and Community Right-to-Know Act. Other related laws include the Oil Pollution Act of 1990, which created a parallel regime for oil spills, and the Small Business Liability Relief and Brownfields Revitalization Act, which provided protections for innocent parties and promoted the redevelopment of contaminated properties. The original taxing authority for the Superfund trust expired in 1995, leading to ongoing congressional debate about reinstating the corporate environmental income tax to finance the program.

Category:United States federal environmental legislation Category:1980 in the environment Category:Jimmy Carter