CERCLA Section 107: Liability

CERCLA Section 107: Liability

Liability for pollution under CERCLA

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 established what is generally referred to as Superfund. This government program is intended to help in the remediation of sites around the country polluted with toxic materials. However, one particularly important section of this legislation is Section 107, which addresses liability for pollution remediated by the Superfund program. Section 107 assigns this liability to the owners and operators of polluting facilities, any person who owned or opportune a facility at which hazardous substances were disposed of, and person contracted to dispose of, treat, or transport hazardous waste, or who accepts any hazardous substance for transport to a treatment facility from which there is a release of toxic substances. The legislation outlines that these parties shall be responsible for the costs of remediation incurred by the Federal government or a state, any costs of response incurred by a person 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, through there are differing caps depending on the type of vessel. It also sets a cap at $50,000,000 for releases from motor vehicles, aircraft, and pipelines, which a floor at $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” should be paid. Subsection (2) also notes that within the limitations defined in subsection (c)(1) a responsible party would be 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. Understanding the provisions outlined by the section of CERCLA is very significant for understanding the story of lead in Omaha. By understanding what responsibility is outlined by this legislation, it becomes possible to know if the responsible parties, namely ASARCO, Gould Electronics, Union Pacific, and others, paid an amount sufficient based on the amounts outlined by CERCLA. This is also important in how successful the EPA has been in fulfilling their outlined goal of holding polluting parties responsible. Based on the amount payed to the EPA in settlements by these companies, the extent to which the EPA held them responsible compared to the amount they are legally directed to be held responsible for can be compared.

James Florio

U.S. Government Publishing Office

December 11, 1980

PDF document

English

Legislation

94 Stat. 2767

Legislation