subject: CERCLA and the Legal Consequences [print this page] CERCLA and the Legal Consequences CERCLA and the Legal Consequences
Whether you own or operate a manufacturing plant, getting rid of any hazardous waste with the use of environmentally safe methods is an essential. The passing of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in 1980 and further amendments made by the Superfund Amendments and Reauthorization Act (SARA) in 1986, implements the laws in this regard.
What exactly does this legal statute comprise? The objective of CERCLA is to provide directives for handling of hazardous pollutants on abandoned/uncontrolled sites, spills, and such others. The Environmental Protection Agency (EPA) is responsible for the enforcement of these federal statutes.
The creation of the Superfund' helped in the implementation of this law. This federal fund finances the governmental agencies' task of containing, cleaning up and removing any hazardous wastes from the sites. Does this mean that the entity responsible for the production, transportation or disposal of these wastes gets away? No. The EPA has the right find the responsible entity and file a lawsuit for damage recovery.
Compliance to this federal legal statute is imperative. If you think that the EPA would clean and remove the hazardous wastes your business generates or transports or disposes without control, you are very wrong. A lawsuit charging you of violating this environmental law may lead to civil as well as criminal penalties.
Moreover, CERCLA adheres to the strict liability' theory of law. Therefore, it need not ascertain fault of the business. All that the governmental agency needs to prove is that the hazardous waste was generated/transported/disposed by your business. Under the joint and several liability, the EPA may sue a single party for all the expenses of cleaning up the waste disposal site, though the responsibility may be on others too.
Any such charge against a business may lead to serious legal consequences. This is the reason you need to find a competent environmental attorney for presenting adequate defense. How do you find such a legal practitioner? Your in-house legal counsel would be able to refer someone. You may also need a good legal professional to file a federal appeal if such a need arises. .
Apart from the legal consequences, there are other important ones too. The reputation of your business suffers a blow if the charges against you of uncontrolled hazardous waste disposal are proved. Today's consumers are aware entities; and they are sure to refrain from associating with a business that does not adhere to the federal laws.
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