Stack & Associates, P.C.
Contact Our Office Environmental and Land Use Law
404-692-7504

Liability for cleanup of Superfund sites, P.2

In previous posts, we’ve been discussing the Environmental Protection Agency’s Superfund Program, and how liability is assigned to parties for the cleanup of sites contaminated with hazardous waste. As we noted, there are various parties that may be potentially responsible for funding a site cleanup effort. Not all parties will face the same liability, though.

Parties which are faced with potential liability for Superfund cleanup efforts should not necessarily assume that they will automatically be on the hook for the entire cost of the cleanup. Some potentially responsible parties have unique circumstances impacting their liability for Superfund cleanup costs. For example, some potentially responsible parties are simply unable to pay for the cleanup, in which case the EPA tries to make special payment arrangements or to reduce the settlement amount. 

Another such circumstance is when a party’s contribution to the site’s contamination is relatively small, as in less than 1 percent. In such cases, the Environmental Protection Agency generally seeks to reach an early settlement with a focus on identifying and reducing major waste contributors. In other cases, a potentially responsible party may have contributed such a small amount to the contamination that the EPA doesn’t even attempt to hold them liable for funding cleanup efforts. For these parties, demonstrating the negligibility of the contamination in the negotiation process is important.

Generators and transporters of municipal solid waste are usually not held responsible for cleanup efforts, though municipalities which are past owners and/or operators of disposal sites may be held liable within a certain range of the cost. On the residential side, parties contributing to contamination are generally not held liable for cleanup. The same is true of owners of property located above contaminated aquifers.

In our next post, we’ll speak a bit about negotiation Superfund Settlements and the benefits of working with an experienced attorney.

Source: Environmental Protection Agency, “Superfund Liability,” Accessed Feb. 9, 2015. 

No Comments

Leave a comment
Comment Information

Contact Our Firm

In the legal profession as in other fields, past accomplishments are often the best indicators of future success. Our representative cases bear witness to our law firm's ability to represent clients against even the most formidable adversaries, including government bodies and giant corporations, in both individual and class action claims.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Locations

ATLANTA -
260 Peachtree Street N.W.
Suite 1200
Atlanta, GA 30303

Phone: 404-692-7504
Fax: 404.522.0275
Map & Directions

SAVANNAH -
7 E. Congress Street
Suite 404
Savannah, GA 31401

Phone: 404-692-7504
Phone: 912.232.0567
Fax: 404.522.0275