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C e r c l a
The Super Fund The Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) is extremely important to landowners, brokers, developers and operators dealing with or involved in the buying, selling and leasing of real estate. Part of the CERCLA shown below is just a start to make the public aware of their rights and penalties that can occur for the violation of the CERCLA Act of 1980. If you are designated as a potentially responsible person for damage to the environment, you can be held responsible for some or all of the hazardous material and their removal.
It is immaterial whether you knew of or participated in the damage. To reduce your opportunity of being labeled as a potentially responsible person, it is important that you be aware of the "innocent landowner defense." To establish such a defense, the landowner must have on or before the date of acquisition of the property completed the following: Made all appropriate inquiries into previous ownership uses of the property. Made reasonable intervention to stop or prevent the continuing hazard. Made reasonable attempts to prevent any future hazard on the property. Made attempt to limit or prevent any human, environmental, or natural resources from exposure to the hazard. Even with these attempts to limit one's exposure one may be deemed that
they should have know and may still be held responsible. Read the Law. Know the Law. With Super Fund, what you don't know will not be allowed as a defense.
"COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (SUPER-FUND)
1 AN ACT To provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ‘‘Comprehensive Environmental Response, Compensation, and Liability Act of 1980’’. TITLE I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION DEFINITIONS SEC. 101. For purpose of this title—
(1) The term ‘‘act of God’’ means an unanticipated grave
natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise
of due care or foresight.
(2) The term ‘‘Administrator’’ means the Administrator of
the United States Environmental Protection Agency.
(3) The term ‘‘barrel’’ means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term ‘‘claim’’ means a demand in writing for a sum
certain.
(5) The term ‘‘claimant’’ means any person who presents a
claim for compensation under this Act.
(6) The term ‘‘damages’’ means damages for injury or loss
of natural resources as set forth in section 107(a) or 111(b) of this Act.
(7) The term ‘‘drinking water supply’’ means any raw or
finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act) or as drinking water by one or more individuals.
(8) The term ‘‘environment’’ means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters
of which the natural resources are under the exclusive management authority of the United States under the Fishery Conservation and Management Act of 1976, and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term ‘‘facility’’ means (A) any building, structure,
installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit,
pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where a hazardous substance has been deposited, stored, dis-
posed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.
(10) The term ‘‘federally permitted release’’ means (A) dis-
charges in compliance with a permit under section 402 of the
Federal Water Pollution Control Act, (B) discharges resulting
from circumstances identified and reviewed and made part of
the public record with respect to a permit issued or modified under section 402 of the Federal Water Pollution Control Act
and subject to a condition of such permit, (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the Federal Water Pollution Control Act, which are caused by events
occurring within the scope of relevant operating or treatment
systems, (D) discharges in compliance with a legally enforceable permit under section 404 of the Federal Water Pollution
Control Act, (E) releases in compliance with a legally enforceable final permit issued pursuant to section 3005 (a) through
(d) of the Solid Waste Disposal Act from a hazardous waste
treatment, storage, or disposal facility when such permit specifically identifies the hazardous substances and makes such
substances subject to a standard of practice, control procedure or bioassay limitation or condition, or other control on the hazardous substances in such releases, (F) any release in compliance with a legally enforceable permit issued under section 102
of (1) section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, (G) any injection of fluids authorized under
Federal underground injection control programs or State pro-
grams submitted for Federal approval (and not disapproved by
the Administrator of the Environmental Protection Agency)
pursuant to part C of the Safe Drinking Water Act, (H) any
emission into the air subject to a permit or control regulation
under section 111, section 112, title I part C, title I part D, or
State implementation plans submitted in accordance with sec-
tion 110 of the Clean Air Act (and not disapproved by the Administrator of the Environmental Protection Agency), including any schedule or waiver granted, promulgated, or approved
under these sections, (I) any injection of fluids or other materials authorized under applicable State law (i) for the purpose of stimulating or treating wells for the production of crude oil, natural gas, or water, (ii) for the purpose of secondary, tertiary, or other enhanced recovery of crude oil or natural gas,
or (iii) which are brought to the surface in conjunction with the production of crude oil or natural gas and which are reinjected,
(J) the introduction of any pollutant into a publicly owned
treatment works when such pollutant is specified in and in
compliance with applicable pretreatment standards of section
307 (b) or (c) of the Clean Water Act and enforceable requirements in a pretreatment program submitted by a State or municipality for Federal approval under section 402 of such Act,
and (K) any release of source, special nuclear, or byproduct
material, as those terms are defined in the Atomic Energy Act
of 1954, in compliance with a legally enforceable license, permit, regulation, or order issued pursuant to the Atomic Energy
Act of 1954." (1)The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601–9675), commonly known as ‘‘Superfund,’’ consists of Public Law 96–510 (Dec. 11,
1980) and the amendments made by subsequent enactments. http://epw.senate.gov/cercla.pdf
Only part of the law could be shown here go to internet site to read complete law. zzzzz
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