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907F91104
EPA REGION VII IRC
101038
Citizen's Look at Superfund
Region VII
Environmental Protection Agency
726 Minnesota Avenue
Kansas City, Kansas 66101
April 1991
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INTRODUCTION
In 1980, Congress passed the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), which established the
Hazardous Substance Response Trust Fund (the Superfund) to provide monies
for the identification,prioritization, and remediationof the Nation's uncontrolled
and hazardous waste sites. This federal law was needed to protect U.S. citizens
against the dangers posed by hazardous substances abandoned at sites through-
out the Nation: both the short-term emergencies and the long-term threat, often
requiring years of cleanup action. This Act was the first major response to the
problem on a national level and provides the U.S. Environmental Protection
Agency (EPA) with the authority and necessary tools to respond directly or
compel potentially responsible parties (PRPs) to respond to releases or
threatened releases of hazardous substances, pollutants or contaminants. The
EPA or state environmental agency may be designated lead for response actions
at uncontrolled and hazardous waste sites.
CERCLA was reauthorized in the Superfund Amendments and
Reauthorization Act of 1986 (SARA). SARA provides EPA with new
authorities and tools that strengthen the enforcement process.
COMMUNITY RELATIONS
To ensure that citizens are involved in Superfund actions, EPA
conducts community relations activities. The Superfund law (1) establishes
requirements ensuring that the public can participate in the preparation of plans
for Superfund actions; (2) authorizes technical assistance grants so citizens can
hire experts to explain the complexities of hazardous waste problems and the
Superfund program; and (3) requires community relations activities designed to
give citizens a voice in decisions that may affect them and their community.
SUPERFUND |
CLEANUP I
STEPS!
THE INITIAL WARNING: Individuals report abandoned
hazardous waste sites or incidents of illegal dumping to EPA's
National Response Center or to local, state, or federal
government officials. (913) 236-3778.
IDENTIFICATION AND PRELIMINARY ASSESS-
2. MENT: All available background information is collected to
identify the site and perform an initial assessment of the
potential hazards.
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3. SITE INSPECTION: If the preliminary assessment determines
there is a threat to human health or the environment, inspectors
collect data to rank the potential hazard.
4. RANKING SITES FOR THE NATIONAL PRIORITIES LIST
(NPL): A list of the worst abandoned or uncontrolled hazardous
wastesiteswhichhavebeenidentifiedforlong-term remedial action
under Superfund.
5. REMEDIAL INVESTIGATION: NPL sites are subjected to a
Remedial Investigation in order to determine the cleanup strategy
best suited to the characteristics of each site.
6. FEASIBILITY STUDY (FS) AND CLEANUP - RECORD OF
DECISION (ROD): An analysis of the tailored needs for each
particular site to do a cleanup action and evaluation of alternative
approaches to cleanup on the basis of effectiveness and cost. The
ROD sets forth the final selected remedy.
7. REMOVAL ACTIONS: If an imminent hazard is found, short-
term removal actions may be initiated at any site, not just those listed
on the NPL.
ENFORCEMENT PROCESS
Under the basic principle "polluters should pay," EPA encourages PRPs to reach
settlement agreements through its enforcement process by use of specific enforcement tools
and mechanisms. EPA's enforcement process normally involves the following five major
steps:
Identify Responsible Parties
Issue Notice of Liability
EPA attempts to identify the PRPs who caused the
hazardous wastes. Once identified, EPA notifies
those parties of their potential liability to clean up
the sites or to pay for the cost of an EPA cleanup.
Identify Cleanup Actions
Required
Request Responsible Parties to
Conduct Cleanup Actions
Once notified, EPA identifies the cleanup actions
which need to be done and encourages the
responsible parties who caused the hazardous
wastes to conduct the cleanup actions.
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ENFORCEMENT PROCESS (Continuation)
Negotiate Settlement
a. Judicial Consent Decree
b. Administrative Order
Issue Unilateral
Administrative Order
or File Lawsuit
If the responsible parties are willing and capable
of cleaning up the hazardous waste sites, EPA
attempts to negotiate an enforcement agreement.
This agreement may be entered in court (judicial
consent decree) or it may be an administrative
order (an agreeement signed by EPA and the
responsible parties outside of court). Both of
these agreements are enforceable in a court of
law. In either case, EPA oversees the cleanup
actions of the responsible parties.
If a settlement is not reached, EPA can use its
authority to issue a unilateral administrative
order or refer to the Department of Justice for
filing in court against the PRPs. Those who are
responsible for the presence of hazardous wastes
are directed to perform cleanup at a site. If the
responsible parties do not comply with the uni-
lateral administrative order, EPA may refer to
the Department of Justice to compel compliance.
A legal process where PRPs, who contributed to
contamination at a superfund site, can be re-
quired to reimburse the federal government for
money spent on any cleanup action initiated.
Response costs are recovered under an
administrative order on consent or consent
decree.
Past and present facility owners and operators,
as well as hazardous substance generators and
transporters, can all be liable under Superfund
for response costs and for damage to natural
resources. EPA may recover federal response
costs from any or all of the responsible parties
involved in a cleanup action.
If additional information is needed, contact the Office of Public Affairs,
toll free 1-800-221-7749 in Kansas and 1-800-223-0425 inlowa, Missouri and
Nebraska.
Initiate
Cost Recovery
•. in i.uiiiiiciuai Proicclioii Agency
ion VII
rniation Resource Center
N. 5th Street
sas City, KS 66101
GOALSETTERS ^^ GoalsettersReaching for Opportunities
opPOR'Tu^ms© Kansas City, Kansas
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