What law makes a purchaser responsible for cleaning up the toxic waste on land he bought?

What law makes a purchaser responsible for cleaning up the toxic waste on land he bought?

• A. RCRA
• B. NEPA
• C. CERCLA
• D. Solid waste disposal act

Answer: (C)

CERCLA establishes liability for cleanup of hazardous waste sites and can make a current owner or operator responsible for the costs of cleaning up contamination, even if they didn’t cause it. This means a purchaser who buys land with toxic wastes can be held liable under the statute’s framework for response actions and cleanup costs. The policy behind this is to ensure that those who end up with contaminated property contribute to its remediation, rather than shifting the burden to the public. There is a potential defense for innocent landowners: if the buyer performed all appropriate inquiries before purchase and had no knowledge of contamination and no affiliation with the release, they can limit liability. Other laws mentioned focus on different aspects—RCRA governs how hazardous waste is generated, stored, and managed; NEPA requires environmental impact analyses for federal actions; the Solid Waste Disposal Act covers general solid waste management. CERCLA is the law that creates the purchaser’s cleanup responsibility in this scenario.

CERCLA establishes liability for cleanup of hazardous waste sites and can make a current owner or operator responsible for the costs of cleaning up contamination, even if they didn’t cause it. This means a purchaser who buys land with toxic wastes can be held liable under the statute’s framework for response actions and cleanup costs. The policy behind this is to ensure that those who end up with contaminated property contribute to its remediation, rather than shifting the burden to the public. There is a potential defense for innocent landowners: if the buyer performed all appropriate inquiries before purchase and had no knowledge of contamination and no affiliation with the release, they can limit liability. Other laws mentioned focus on different aspects—RCRA governs how hazardous waste is generated, stored, and managed; NEPA requires environmental impact analyses for federal actions; the Solid Waste Disposal Act covers general solid waste management. CERCLA is the law that creates the purchaser’s cleanup responsibility in this scenario.