CERCLA Section 107: Liability
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 established Superfund. This government program helps in the remediation of sites around the country polluted with toxic materials.
Section 107 of this legislation is particularly important, as it addresses liability for polluted areas remediated by the Superfund program. Section 107 assigns this liability to:
- any person who owned or operated a facility that disposed of hazardous substances
- any person who owned or operated a facility that disposed of hazardous substances
- any person contracted to dispose of, treat, or transport hazardous waste
- any person who accepted any hazardous substance for transport to a treatment facility from which there is a release of toxic substances
The legislation outlines these parties' responsibility for the costs of remediation incurred by the Federal Government or state, any costs of response incurred by a person (as consistent with the national contingency plan), and damages for injury, destruction of, or loss of natural resources.
Subsection (c)(1) provides limits to liability, which it sets at $300 per gross ton for vessels carrying hazardous cargo. It also sets a cap at $50,000,000 for releases from motor vehicles, aircraft, and pipelines, which a minimum of $5,000,000. Additionally, for any other facility, the law states that "the total of all costs of response plus $50,000,000 for any damages under this title" be paid.[1] Subsection (2) also holds that within the limitations defined in subsection (c)(1) a responsible party is liable for full cost of response and damages if the release of hazardous substances was due to "willful misconduct or willful negligence," or if the release was due to violation of safety standards or regulations.[2]
An understanding the provisions outlined by this section of CERCLA is important for understanding the story of lead pollution in Omaha. By understanding what responsibility this legislation outlines, it becomes possible to know if the parties responsible for the pollution of the Omaha Lead Site paid a sufficient amount according to CERCLA. Also important is the EPA's success in fulfilling its outlined goal of holding polluting parties responsible.
Based on the amount paid to the EPA in settlements by these companies, comparable is the extent to which the EPA held them responsible, and the amount they are legally responsible for.
Forcing responsible parties to pay for damages they cause when polluting the environment is essential to the provision of environmental justice in Omaha and throughout the country. If responsible parties are not made to pay for their pollution, they force taxpayers to subsidize destructive corporate behavior, allowing such behavior to persist into the future and damaging the environment and the people of the United States.
Ultimately, Section 107 offers important guidelines for the provision of environmental justice in Superfund Sites. This exhibit specifically examines the EPA's forcing of responsible parties to pay for damages at the Omaha Lead Site. Based on Section 107 of CERCLA, we hope to evaluate the extent to which the EPA provided environmental justice in its remediation of the Omaha Lead Site.
[1] Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (1980). Subsection (c)(1).
[2] Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (1980). Subsection (2).