Triggering Superfund Liability
Superfund liability is triggered if:
- Hazardous wastes are present at a facility,
- There is a release (or a possibility of a release) of these hazardous substances,
- Response costs have been or will be incurred, and
- The defendant is a liable party.
A PRP is potentially liable for:
- Government cleanup costs,
- Damages to natural resources (e.g., to a fishery),
- The costs of certain health assessments, and
- Injunctive relief (i.e., performing a cleanup) where a site may present an imminent and substantial endangerment.
There are four classes of Superfund liable parties:
- Current owners and operators of a facility,
- Past owners and operators of a facility at the time hazardous wastes were disposed,
- Generators and parties that arranged for the disposal or transport of the hazardous substances, and
- Transporters of hazardous waste that selected the site where the hazardous substances were brought.
Superfund Enforcement Topics
Acronym Tips
- PRP - Potentially Responsible Party
- EPA's Terms of the Environment