Under CERCLA, who can the EPA compel to perform cleanup?

Under CERCLA, who can the EPA compel to perform cleanup?

• A. Local communities
• B. Responsible Parties (RPs)
• C. Federal agencies only
• D. Property buyers with liability protection

Answer: (B)

Under CERCLA, the EPA’s enforcement focus is on the party responsible for the contamination—the Responsible Parties. These are current and past owners or operators of a site, and persons who arranged for the disposal or transportation of hazardous substances. The statute gives EPA the authority to compel these parties to carry out cleanup or to reimburse the agency for cleanup costs. This arrangement ensures that those who caused or contributed to the problem bear the responsibility for remediation, rather than relying on communities or on buyers who may have limited liability protections. Innocent landowners can have defenses, but they are not the ones the agency targets to perform the cleanup. If no responsible party can be found or willing to act, the EPA can take the cleanup itself and later pursue cost recovery from liable parties, but the primary obligation to clean up rests with the responsible parties.

Under CERCLA, the EPA’s enforcement focus is on the party responsible for the contamination—the Responsible Parties. These are current and past owners or operators of a site, and persons who arranged for the disposal or transportation of hazardous substances. The statute gives EPA the authority to compel these parties to carry out cleanup or to reimburse the agency for cleanup costs. This arrangement ensures that those who caused or contributed to the problem bear the responsibility for remediation, rather than relying on communities or on buyers who may have limited liability protections. Innocent landowners can have defenses, but they are not the ones the agency targets to perform the cleanup. If no responsible party can be found or willing to act, the EPA can take the cleanup itself and later pursue cost recovery from liable parties, but the primary obligation to clean up rests with the responsible parties.