History Of The Superfund Act

From the beginning of the industrial age and continuing through the technological

advancements we enjoy today, there have been increasingly toxic and hazardous waste substances and materials generated by industry. With the ultimate destination of these hazardous materials being our land and water through dump sites and water run-off from manufacturing processes and disposal, the growing and demonstrated risk of associated health hazards with these substances demanded attention from government regulation.

In 1976, the United States Congress passed the Resource Conservation and Recovery Act (RDRA) to address this problem and regulate hazardous waste generation and disposal. Also passed was the Toxic Substances Control Act (TSCA) that regulates the introduction of new chemicals. It requires that manufacturers notify the U.S. Environmental Protection Agency (EPA) of new chemicals used for manufacturing purposes. The chemicals are reviewed by the EPA for risk factors to human health or the environment at which time they may be regulated in their use or banned.

The 1976 Love Canal article in the Niagara Gazette, along with subsequent investigation, ultimately led to the evacuation of a Niagara Falls neighborhood in 1978. The housing development was built on top of 21,000 tons of toxic waste that was released through a combination of heavy rainfall and construction activity. The resulting public health emergency of miscarriages, unexplained illnesses, and mental retardation in alarming numbers of those living in the community became a national scandal, prompting President Jimmy Carter to allocate federal disaster funds for a clean-up of the site. This was the first case of emergency funds being used for a purpose other than a natural disaster in U.S. history.

The Love Canal incident led to the passage of the 1980. Also referred to as the Superfund Act, this legislation demands accountability from those who pollute. It requires that those who produce the hazardous waste, as identified by the Agency for Toxic Substances and Disease Registry (ATSDR), be financially responsible for the cleanup. When the responsible party cannot be found, for instance on old sites where the producer is no longer in business, the Agency is authorized to utilize the trust fund, or Superfund, to clean up the site itself.

Due to the enormous amount of hazardous waste generated over many decades, this regulation is difficult and expensive. CERCLA litigation is a specialized field requiring an extensive understanding of hazardous waste law and institutional knowledge to establish historical facts for the substantiation of claims. With cleanup costs that can extend into the billions of dollars, litigation can continue for years to achieve resolution.

by: Art Gib

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