Comprehensive Environmental Response Compensation And Liability Act
Comprehensive Environmental Response Compensation And Liability Act Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Comprehensive Environmental Response Compensation And Liability Act book. This book definitely worth reading, it is an incredibly well-written.
Author : Carole Stern Switzer,Lynn A. Bulan Publisher : American Bar Association Page : 160 pages File Size : 54,7 Mb Release : 2002 Category : Law ISBN : 1590311167
This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Comprehensive Environmental Response, Compensation, and Liability Act: a Summary of Superfund Cleanup Authorities and Related Provisions of the Act by David M. Bearden Pdf
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; P.L. 96-510) in response to a growing desire for the federal government to ensure the cleanup of the nation's most contaminated sites to protect the public from potential harm. The Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499, SARA) clarified the applicability of the statute's requirements to federal facilities, and modified various response, liability, and enforcement provisions. Several other laws also have amended CERCLA for specific purposes, including relief from cleanup liability for certain categories of parties, and the authorization of federal assistance for the cleanup of abandoned or idled “brownfields” where the presence or perception of contamination may impede economic redevelopment. CERCLA authorizes cleanup and enforcement actions to respond to actual or threatened releases of hazardous substances into the environment, but generally excludes releases of petroleum and certain other materials covered by other federal laws. Considering the limitation of federal resources to address the many contaminated sites across the United States, CERCLA directs the Environmental Protection Agency (EPA) to maintain a National Priorities List (NPL) to identify the most hazardous sites for the purpose of prioritizing cleanup actions. The states and the public may participate in federal cleanup decisions at NPL sites. The states primarily are responsible for pursuing the cleanup of sites not listed on the NPL, with the federal role at these sites limited mainly to addressing emergency situations. CERCLA established a broad liability scheme that holds past and current owners and operators of facilities from which a release occurs financially responsible for cleanup costs, natural resource damages, and the costs of federal public health studies. At waste disposal sites, generators of the wastes and transporters of the wastes who selected the site for disposal also are liable under CERCLA. The liability of these “potentially responsible parties” (PRPs) has been interpreted by the courts to be strict, joint and several, and retroactive. At contaminated federal facilities, federal agencies are subject to liability under CERCLA as the owners and operators of those facilities on behalf of the United States. Federal agencies also may be liable in instances in which an agency generated or transported waste for disposal at a non-federal facility. CERCLA established the Hazardous Substance Superfund Trust Fund to pay for the cleanup of sites where the PRPs cannot be found or cannot pay. A combination of special taxes on industry and general taxpayer revenues originally financed the Superfund Trust Fund, but the authority to collect the industry taxes expired on December 31, 1995. Over time, Congress increased the contribution of general revenues to make up for the shortfall from the expired industry taxes. General revenues now provide most of the funding for the trust fund, but other monies continue to contribute some revenues (i.e., cost-recoveries from PRPs, fines and penalties for violations of cleanup requirements, and interest on the trust fund balance). The availability of these trust fund monies under the Superfund program is subject to appropriations by Congress. Private settlement funds deposited into site-specific Special Accounts within the Superfund Trust Fund also are available to EPA, but are not subject to discretionary appropriations. Considering the liability of the federal government at its own facilities, the cleanup of federal facilities is not funded with Superfund Trust Fund monies under the Superfund program, but with other federal monies appropriated to the agencies responsible for administering the facilities. However, EPA and the states remain responsible for overseeing and enforcing the implementation of CERCLA at federal facilities to ensure that applicable cleanup requirements are met.
Author : Michael Gerrard,Joel M. Gross Publisher : American Bar Association Page : 684 pages File Size : 49,9 Mb Release : 2006 Category : Law ISBN : 1590312503
Amending CERCLA by Michael Gerrard,Joel M. Gross Pdf
Three important amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) narrowed the Act's liability to address specific policy objectives. This book is a single-source compendium of this legislation, leading court decisions, and administrative implementation, including the annotated statute, EPA guidance documents, and CD-ROM with the entire legislative history of CERCLA.
United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Environmental Pollution
Author : United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Environmental Pollution Publisher : Unknown Page : 352 pages File Size : 46,8 Mb Release : 1982 Category : Government liability ISBN : UCAL:B5133068
Oversight of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Environmental Pollution Pdf
Legislation to Improve the Comprehensive Environmental Response, Compensation, and Liability Act by United States. Congress. House. Committee on Commerce. Subcommittee on Finance and Hazardous Materials Pdf
United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Environment and Hazardous Materials
Author : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Environment and Hazardous Materials Publisher : Unknown Page : 228 pages File Size : 48,6 Mb Release : 2008 Category : Government publications ISBN : PSU:000066749110
Hazardous Substance Releases and Reporting Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Environment and Hazardous Materials Pdf
Liability of Corporate Shareholders and Successor Corporations for Abandoned Sites Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by United States. Environmental Protection Agency. Office of Enforcement and Compliance Monitoring Pdf
Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Administrative Record Management System (ARMS) User's Guide by Bonnie Capito,Christine Potter,Wanda Edwards Pdf
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Section 113 requires the establishment of an Administrative Record (AR) File for sites being cleaned up in compliance with this law. The AR contains all the information that supports the cleanup action decision. The CERCLA Administrative Record Management System User's Guide is to assist any government agency or private sector in developing and maintaining the AR in paper or electronic format. The guide provides the user with a step-by-step process for ensuring the AR File (ARF) is complete using guidance from the Environmental Protection Agency, the Department of Defense, and the Department of the Navy. The guide includes convening the ARF from paper to electronic format and generic samples of letters, surveys, and scopes of work that can be tailored to fit user requirements. The guide is available in paper, electronic format, and at the following internet address: http :/www.navy.mil/bomepages/ navfac/env.
Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Administrative Record Management System (ARMS) User's Guide by Anonim Pdf
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Section 113 requires the establishment of an Administrative Record (AR) File for sites being cleaned up in compliance with this law. The AR contains all the information that supports the cleanup action decision. The CERCLA Administrative Record Management System User's Guide is to assist any government agency or private sector in developing and maintaining the AR in paper or electronic format. The guide provides the user with a step-by-step process for ensuring the AR File (ARF) is complete using guidance from the Environmental Protection Agency, the Department of Defense, and the Department of the Navy. The guide includes convening the ARF from paper to electronic format and generic samples of letters, surveys, and scopes of work that can be tailored to fit user requirements. The guide is available in paper, electronic format, and at the following internet address: http :/www.navy.mil/bomepages/navfac/env.
