Legal Definitions - remedial action

Remedial action refers to a planned, long-term effort to address and permanently resolve environmental contamination or damage. In environmental law, particularly under the Comprehensive Environmental Response, Compensation, and Liability Act (often abbreviated as CERCLA, and commonly known as Superfund), it involves extensive measures taken to permanently alleviate pollution caused by hazardous substances released into the environment. The primary goal is to prevent or minimize any further release of these substances, thereby protecting public health and the environment from ongoing risks.

Here are some examples illustrating remedial action:

• Former Industrial Site Cleanup: An abandoned factory site has soil and groundwater contaminated with heavy metals and solvents from decades of industrial operations. A remedial action plan might involve excavating large volumes of contaminated soil, treating it on-site or transporting it to a specialized facility, and installing a groundwater pump-and-treat system designed to operate for several years to remove pollutants. Additionally, impermeable barriers might be installed to prevent rainwater from leaching more contaminants into the groundwater.

  This illustrates remedial action because it's a comprehensive, long-term strategy aimed at permanently removing or neutralizing hazardous substances, preventing their spread, and restoring the site to a safe condition for future use, rather than just a temporary fix.

• Acid Mine Drainage Mitigation: An old, inactive coal mine continuously discharges highly acidic water, known as acid mine drainage, into a nearby river, severely harming aquatic life and making the water unsafe for human contact. A remedial action project is initiated to construct a passive treatment system, such as a series of constructed wetlands and limestone beds. This system is designed to naturally neutralize the acidic water and precipitate out heavy metals before the water enters the river, operating continuously with minimal intervention for many years.

  This is a remedial action because it establishes a permanent infrastructure solution to continuously treat an ongoing pollution source, aiming for long-term restoration of the river's water quality and ecological health.

• Chemical Storage Facility Decontamination: A former chemical storage facility has underground storage tanks that leaked, contaminating the surrounding soil with petroleum products and other volatile organic compounds. The remedial action involves removing the leaking tanks and then treating the contaminated soil using bioremediation techniques, where naturally occurring microorganisms are stimulated to break down the pollutants over time. Monitoring wells are installed to track the progress of the cleanup and ensure that contamination levels decrease to safe thresholds, a process that could take several years.

  This exemplifies remedial action as it involves a sustained, multi-year effort to permanently eliminate hazardous substances from the soil, preventing future exposure risks and restoring the environmental integrity of the site.