Legal Definitions - Superfund

Superfund refers to both a landmark environmental law and the program it established to clean up the nation's most hazardous waste sites.

• First, "Superfund" is the popular name for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). This federal law gives the U.S. Environmental Protection Agency (EPA) the authority to identify, investigate, and clean up sites contaminated with hazardous substances.

• Second, "Superfund" also refers to the program created by CERCLA. This program manages the cleanup of these dangerous sites, often involving complex and costly operations. It is supported by a trust fund, which was originally financed by taxes on petroleum and chemical industries, and later by a broader tax on corporations. A key principle of the Superfund program is that the parties responsible for the contamination should pay for or conduct the cleanup, or reimburse the trust fund for costs incurred.

Examples:

• Example 1 (Discovery and Initial Response): A small town discovers that an abandoned textile mill on the edge of town has been leaking dyes and solvents into the local river and soil for decades. Local authorities lack the resources to address the extensive contamination. The Environmental Protection Agency (EPA) investigates, designates it a Superfund site, and initiates a comprehensive cleanup operation, funded initially by the Superfund trust to protect public health and the environment.

  This example illustrates the Superfund program being activated to address a severe environmental hazard when local resources are insufficient, using the trust fund for initial assessment and cleanup costs.

• Example 2 (Identifying Responsible Parties and Cost Recovery): Years after a former pesticide manufacturing plant was cleaned up using Superfund money, the EPA identifies the company that owned the plant during its operational years as a "potentially responsible party." The EPA then pursues legal action to compel the company to reimburse the Superfund trust for the millions of dollars spent on the cleanup, demonstrating the "polluter pays" principle central to the Superfund law.

  This highlights the Superfund program's mechanism for recovering cleanup costs from those responsible, ensuring the trust fund is replenished and accountability is enforced.

• Example 3 (Long-Term Management and Community Engagement): A residential area was built near an old landfill that later became a Superfund site due to hazardous waste leaching into the groundwater. After the initial cleanup, the Superfund program continues to oversee long-term monitoring of groundwater quality and maintains protective caps over contaminated areas. The EPA also holds regular community meetings to update residents on the site's status and address their health concerns, illustrating the program's ongoing commitment to public safety and environmental stewardship.

  This demonstrates the Superfund program's role in long-term site management and community protection, even after the primary cleanup phase, ensuring the site remains safe for the surrounding population.