Under CERCLA, who can be held liable for hazardous waste cleanup?

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, established a strict liability scheme for the cleanup of hazardous waste sites. This means that liability can extend to a wide range of parties involved in the generation, transportation, or disposal of hazardous substances.

Under CERCLA, any party responsible for the waste can be held liable for cleanup costs. This includes current and previous property owners, operators of the facility, waste generators, and transporters who are linked to the disposal of the hazardous substances. The Act was designed to ensure that those who contributed to pollution are held accountable for the costs associated with cleanup, incentivizing responsible waste management practices.

In contrast, the other answer options imply a more limited scope of liability. The notion that only the current property owner or only previous property owners can be held accountable does not reflect the broad inclusivity of CERCLA’s liability provisions. Additionally, asserting that only the state government is liable overlooks the extensive provisions that enable private parties to be subject to liability under the act. Therefore, understanding that any responsible party can be liable emphasizes the intent of CERCLA to address and manage hazardous waste effectively.