The Comprehensive Environmental Response, Compensation, and Liability Act—otherwise known as CERCLA or Superfund—is a federal statute that provides a trust fund to clean up uncontrolled or abandoned hazardous waste sites, as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. See 42 U.S.C. §9601.

This federal law created a tax on the chemical and petroleum industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. The tax money collected goes to the trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. Through CERCLA, the Environmental Protection Agency (EPA) was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup.

Specifically, CERCLA:

• established prohibitions and requirements concerning closed and abandoned hazardous waste sites;

• provided for liability of persons responsible for releases of hazardous waste at these sites; and

• established a trust fund to provide for cleanup when no responsible party could be identified.
CERCLA authorizes two kinds of response actions:

• Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response.

• Long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. These actions can be conducted only at sites listed on the EPA’s National Priorities List.

CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List.

Superfund Sites

EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. Through various enforcement tools, EPA obtains private party cleanup through orders, consent decrees, and other small party settlements. EPA also recovers costs from financially viable individuals and companies once a response action has been completed.

EPA is authorized to implement the CERCLA in all 50 states and U.S. territories. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies.

In Montana (MT), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is a federal law that addresses the cleanup of hazardous waste sites and the response to environmental emergencies involving hazardous substances. The law imposes liability on parties responsible for the contamination and establishes a trust fund financed by taxes on the chemical and petroleum industries to clean up sites where the responsible parties cannot be identified or are unable to perform the cleanup. The Environmental Protection Agency (EPA) oversees the implementation of CERCLA, including the identification and monitoring of Superfund sites, and coordinates with state agencies such as the Montana Department of Environmental Quality. The EPA can take both short-term removal and long-term remedial actions, with long-term efforts focusing on sites listed on the National Priorities List. The National Contingency Plan (NCP) under CERCLA provides the guidelines for responding to hazardous substance releases. In cases where responsible parties do not act, the EPA can use enforcement tools to mandate cleanup or recover costs post-cleanup from financially viable entities.