Cleanup Enforcement

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:

1. Current owners and operators of a facility,
2. Past owners and operators of a facility at the time hazardous wastes were disposed,
3. Generators and parties that arranged for the disposal or transport of the hazardous substances, and
4. Transporters of hazardous waste that selected the site where the hazardous substances were brought.

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