Municipal liability under Superfund: Present and future

Journal Article · Fri Apr 01 04:00:00 EST 1994 · Waste Age; (United States)

OSTI ID:7276781

Parker, B ^[1]

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1. Environmental Industry Associations, Washington, DC (United States)

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, a.k.a. Superfund), municipalities, like other potentially responsible parties (PRPs), may be liable for cleanup costs at a hazardous waste site as an owner, operator, transporter, or arranger (generator). Indeed, MSW often is brought to a city-owned and operated landfill by city trucks, or by private haulers who are hauling pursuant to a city contract. And, most municipalities generate waste themselves in the course of carrying out their normal governmental functions. On one hand, municipalities have argued that Congress never intended for the enormous costs of site cleanups to be borne by tax payers as opposed to industrial generators. On the other hand, industrial generators argue that the large volume of MSW at Superfund sites significantly adds to the remediation costs. The bottom line is that the more PRPs involved, the greater the opportunity for reducing individual pay-outs.

• OSTI ID: 7276781
• Journal Information: Waste Age; (United States), Journal Name: Waste Age; (United States) Vol. 25:4; ISSN WAGEAE; ISSN 0043-1001
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
COST
ENFORCEMENT
HAZARDOUS MATERIALS
LAWS
MANAGEMENT
MATERIALS
MUNICIPAL WASTES
POLLUTION LAWS
US SUPERFUND
WASTE MANAGEMENT
WASTES