CERCLA

CERCLA was enacted to address abandoned and uncontrolled hazardous waste sites. It gives the EPA authority to respond to releases or threatened releases and to compel those responsible to pay for or perform the cleanup. A fund, financed originally through taxes on industry, supports cleanup when no responsible party can be found.

Liability is a key feature. Under the law, current owners and operators, past owners at the time of disposal, those who arranged for disposal, and some transporters can be held responsible. Liability can be joint and several, which is why companies are careful about where their waste goes.

The release reporting requirement is the part most workers will see. When a release of a CERCLA hazardous substance reaches or exceeds its reportable quantity within 24 hours, the person in charge must notify the National Response Center. The list of substances and their RQs is found in 40 CFR 302.4.

CERCLA works alongside RCRA, which regulates current waste management, and EPCRA, which handles community planning. A simple way to remember: RCRA prevents, CERCLA cleans up, and EPCRA informs the community.

Not every substance is included. Petroleum, for example, is largely excluded from CERCLA though it is covered by other laws. When in doubt about a spill, call and ask rather than guess.