The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was enacted in 1980 in response to public outcry over the problems at hazardous waste dumps such as Love Canal. With the passage of CERCLA, Congress provided EPA with a vehicle for responding to releases and threatened releases of hazardous substances from waste disposal sites. A taxpayer-supported fund was created from which EPA could finance such cleanups where no responsible party is available or solvent -- hence CERCLA's common nickname "Superfund."

In 1986, CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA). SARA added many provisions which clarified CERCLA, increased the size of the Superfund, and created new reporting schemes. These new reporting requirements are found in SARA Title III, and have taken on independent significance as the Emergency Planning and Community Right-to-Know Act (EPCRA) (For more information on EPCRA please refer to the section entitled "The Federal Emergency Planning and Community Right-to-Know Act").

Do the CERCLA Requirements Apply to Your Community?

Yes, if your local government owns or operates any facility using hazardous substances or ever owned or operated such a facility in the past.

Actions Your Community Should Be Taking

Cleanup Provisions

If your local government ever owned or operated a facility that released any type of hazardous substance, you may be subject to the cleanup provisions of CERCLA. CERCLA responds to hazardous waste sites that are already in existence and currently pose severe threats to human health and the environment. Many of those sites were created long before modern-day environmental laws were enacted. CERCLA establishes a scheme for cleanup of such sites and provides a mechanism for the government to recover cleanups costs from responsible parties, so as not to deplete the Superfund. The statute imposes strict, joint and several liability on all parties potentially responsible for creation of the site -- that means that even if you alone did not create the hazardous waste site, you may nevertheless be held responsible for the entire cost of cleanup.

Hazardous waste sites may develop from a wide variety of activities, including the operation of municipal landfills or other government activities. If your community once owned or operated a hazardous waste site that now poses a threat to human health and the environment, your community may be liable for the entire cost of cleanup. The only exception to this liability is if your community did not voluntarily own or operate the site, but rather acquired the property involuntarily, through foreclosure or some other exercise of sovereign power.

Reporting Requirements

In addition to cleanup provisions, CERCLA includes mandatory release reporting requirements that apply to all facilities managing hazardous substances. These requirements provide that any person in charge of a facility must notify the National Response Center (NRC) whenever there is a release of any hazardous substance equal to or above the reportable quantity for that substance. EPA has established threshold limits for a number of hazardous substances; these threshold limits are called "reportable quantities". If, within a 24-hour period, a facility releases an amount of a regulated hazardous substance in excess of the reportable quantity for that substance, the person in charge of the facility must report that release to the NRC, unless the release was a federally permitted discharge. If your community currently owns or operates a facility that generates a hazardous waste, a vehicle maintenance shop for example, you will have to be aware of the CERCLA reporting requirements and report any spills or releases above the threshold reportable quantities.

You must take all necessary steps to comply with the CERCLA reporting requirements that apply to the wastes your local government manages. You must be sure to determine which wastes are regulated under the CERCLA reporting requirements, what the threshold quantities for those substances are, and the steps to be taken in case of a spill or other emergency.

Additional Information

The CERCLA regulations are published in Title 40 Code of Federal Regulations, Part 300.

EPA has established a toll free Hotline to answer questions regarding the applicability or interpretation of the RCRA regulations. Telephone: 800/424-9346 Hours: 8:30 a.m. to 7:30 p.m. EST, Monday-Friday.