"Current owners or operators;
'Owners or operators of the facility at the time of disposal or release of hazardous substances;
'Those who arranged for treatment, disposal or transportation of hazardous substances; โ ข Those who generated the hazardous substances. The most farreaching category of PRPs is that for generators of hazardous substances. A generator may be held liable under CERCLA ยง 107(a)(3) if it can be proven that: 0) The generator's hazardous substances were, at some point in the past,
shipped to a facility; (2) The generator's hazardous substances or hazardous substances like those of the generator were present at the site; (3) There was a release or threatened release of the generator's or any hazardous
substance at the site; and (4) The release or threatened release causes the incurrence of response costs. Further, it is unnecessary to how that any particular responsible party actually caused or contributed to the release. 6
It is now well settled that CERCLA imposes strict, joint and several liability and that a federal common law is to be developed by the courts in regard to a uniform approach for imposition of CERCLA liability.? Such strict joint and several liability means that each and every PRP might be held individually liable for the entire cost of the site c1eanup.8 The Environmental Protection Agency (EPA) routinely undertakes CERCLA enforcement action against a select number of the PRPs. It is then up to those defendants to discover other PRPs and sue them for contribution in a separate action. THE NATURE OF SUPERFUND ACTIONS CERCLA liability may be sought to be imposed by either the government (EPA) or by other potentially responsible parties. Under CERCLA ยง 104(a)(I), EPA may undertake to remove hazardous substances from a facility and provide for long-term remedial action. 9 Removal actions are generally deemed to be a short-term solution designed to eliminate any immediate threat to human health, while remedial actions are the long-term solution to the contamination. In order to recover costs of such actions, the government must be able to document that all costs incurred were consistent with the ational Contingency Plan. 10 If EPA determines that the response action will be done properly by the owner or operator of the facility or by any other responsible party, it may enter into a settlement with such rarty to conduct the necessary activities in accordance with CERCLA ยง 122. 1 In addition, CERCLA ยง 106 provides the authority to seek injunctive relief as may be necessary to abate an imminent and substantial endangerment to the public health or the environment. 12 Funds expended in any response action by the government which are not recovered shall constitute a lien in favor of the United States and all real property and related rights affected by a response action. 13 Should a potentially responsible party fail, without sufficient cause, to properly provide removal or remedial action upon administrative order, it may be subject to treble cost recovery. 14 Private party actions are in the nature of contribution claims against other PRPs who have failed to contribute towards the cost of remediation. The 1986 amendment explicitly provided that any person may seek contribution from any other person who is liable or potentially liable under ยง 107(a).15 The court may allocate response costs amount the liable parties
SUPERFUNDS SUPERFUNDS SUPERFUNDS SUPERFUNDS SUPERFUNDS SUPERFUNDS SUPERFUNDS SUPERFUNDS 32
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