Superfund cost recovery through national contingency plan compliance
- ATEC Associates, Inc., Indianapolis, IN (United States)
- Faruki Gilliam and Ireland, Dayton, OH (United States)
The National Oil and Hazardous Substances Pollution Contingency Plan (``NCP``), codified at 40 C.F.R. pt. 300, was first promulgated by the US EPA on July 16, 1982 (the ``1982 NCP``). Required by section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or CERCLA, and by section 311 of the Clean Water Act (CWA), the NCP ``establish[es] procedures and standards for responding to releases of hazardous substances`` at Superfund sites. The purpose of the NCP ``is to give some consistency and cohesiveness to response planning and actions``. The primary goal of the NCP is to mitigate damage to the environment and protect the public health at the least possible expense. Within this framework, the NCP allows for the evaluation and clean-up activities at a Superfund site to be led directly by the US EPA, the designated state regulatory agency or, under monitoring, by private parties who are potentially responsible for the site contamination. This paper addresses NCP consistency review from both a technical and legal standpoint. The authors will first address the regulatory standards and process for evaluating private party NCP compliance, and then review common legal attacks on NCP compliance that bar the recovery of clean-up costs.
- OSTI ID:
- 69795
- Report Number(s):
- CONF-941189-; ISBN 1-56590-016-2; TRN: IM9529%%183
- Resource Relation:
- Conference: SUPERFUND XV: 15th environmental conference and exhibition for the hazardous materials/hazardous waste management industry, Washington, DC (United States), 29 Nov - 1 Dec 1994; Other Information: PBD: 1994; Related Information: Is Part Of Superfund XV conference proceedings. Volume 2; PB: 877 p.
- Country of Publication:
- United States
- Language:
- English
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