Legal Definitions - removal action

In environmental law, a removal action refers to immediate, short-term efforts taken to address and clean up hazardous substances that pose an urgent threat to public health or the environment. These actions are designed to quickly stabilize a dangerous situation, often by physically removing and safely disposing of pollutants. They are typically temporary measures, distinct from more extensive, long-term "remedial actions" which aim for a permanent solution.

Such actions are frequently carried out under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, which grants the government power to respond to releases of hazardous substances.

• Example 1: Chemical Spill on a Highway

  Imagine a tanker truck overturning on a highway, spilling thousands of gallons of a corrosive industrial chemical into a roadside ditch that drains into a local river. An immediate response team is dispatched. They quickly deploy booms to contain the spill, use specialized vacuum trucks to suction up the liquid chemical, and excavate visibly contaminated soil from the ditch. The collected hazardous waste is then transported to a certified facility for safe disposal.

  This scenario illustrates a removal action because it involves an urgent, short-term response to prevent the immediate spread of a hazardous substance and mitigate its danger to the environment and public health. The core activity is the physical removal and disposal of the spilled chemicals and affected soil.

• Example 2: Discovery of Leaking Drums in an Abandoned Lot

  A construction crew uncovers several unlabeled, corroded drums leaking an unknown, foul-smelling liquid in an abandoned industrial lot adjacent to a residential neighborhood. Fearing the substance could be toxic, they alert environmental authorities.

  This prompts a removal action where a specialized team arrives, assesses the contents of the drums, safely packages them into secure containers, and transports them off-site for proper identification and disposal. They might also remove a small amount of visibly contaminated soil directly beneath the drums. This is a short-term intervention focused on eliminating an immediate threat posed by the unknown leaking substances to the nearby community.

• Example 3: Asbestos Contamination in a Public Building

  During a routine maintenance check, friable (easily crumbled) asbestos-containing insulation is discovered in the ventilation system of a public library, posing an inhalation risk to staff and visitors. The library immediately closes the affected section and notifies environmental regulators.

  A removal action is initiated where a certified asbestos abatement contractor is hired to seal off the area, carefully remove the hazardous asbestos material using specialized equipment, and dispose of it according to strict environmental regulations. Air quality monitoring is conducted throughout and after the process to ensure safety. This is a targeted, short-term intervention to eliminate an immediate health hazard by physically removing the dangerous material.