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Public Education
SUPERFUND AND TOXIC WASTE CLEANUP Superfund and You In 1980 Congress passed the Comprehensive Environmental Response, Compensation and Liability Act, more commonly known as the "Superfund." The law was designed to clean up the country's worst hazardous waste sites. As later amended, the Superfund law also established community "right to know" provisions to inform the public about sites where hazardous materials are stored and where toxic releases have occurred. The State of Florida adopted a similar regulatory program to ensure the cleanup of sites where petroleum products and hazardous substances have been disposed. Superfund and Toxic Waste Laws Federal Superfund Law: The U.S. Environmental Protection Agency ("EPA") evaluates hazardous waste sites around the country. Sites are rated under EPA's hazard ranking system for their potential threat to public health and safety. When a site receives a high enough score, it is placed on the National Priority List ("NPL"). Once a site is on the NPL, EPA begins a lengthy and complex cleanup process through the National Contingency Plan ("NCP"). Superfund cleanup starts with a preliminary assessment and site investigation and follows with a remedial investigation and a feasibility study. Once the nature, extent, and rate of contaminants released have been determined, a remedial design is developed and remedial action is begun. Each of these steps is very time consuming and costly. EPA seeks to impose liability on the former owners and operators of a site at the time hazardous substances were disposed there. In addition, "generators" who arrange for the disposal of hazardous substances and "transporters" who move hazardous substances to the site are liable for all cleanup costs at the site. These costs are known as "costs of response." Public hearings are held at various stages of the cleanup process to inform the public what alternative remedies are being considered and what is the status of the cleanup. In 1986 Congress amended Superfund to include the Emergency Planning and Community Right-to-Know Act. This law requires owners and operators of facilities who use, release, or have on hand certain amounts of chemicals and hazardous substances to notify local, state, and federal agencies. In addition, the facilities must develop contingency plans for potential releases. A chemical release in excess of a minimum level must be immediately reported to the local emergency planning agency. State Hazardous Waste Laws: The Florida Department of Environmental Protection ("DEP") provides EPA with input on the cleanup of Florida NPL sites. DEP also manages the cleanup of contamination sites which are not listed on the NPL. DEP can authorize emergency response action when necessary to protect public health and safety. Further, DEP administers the federal hazardous waste program known as the Resource Conservation Recovery Act ("RCRA"), and enforces those provisions of the federal hazardous waste law which apply to hazardous waste generators. Wastes listed as hazardous wastes or which have certain characteristics which make them hazardous under RCRA must be properly disposed licensed treatment, storage, and disposal ("TSD") facilities. Currently, no licensed facilities exist in Florida for the disposal of RCRA hazardous wastes. These wastes must be disposed at licensed facilities in other states. Other Cleanup Laws: Florida created the Inland Protection Trust Fund, to fund the cleanup of contamination from leaking underground storage tanks. One aspect of the program provides for the cleanup of petroleum discharges from abandoned petroleum storage tanks discovered by the current facility owner or operator. A tax on petroleum products funds these cleanup programs. In 1994, the Florida Legislature established a program to fund the cleanup of contamination from dry-cleaning facilities. Solvents and other chemicals used by dry cleaners cause contamination if not properly disposed. Like the underground storage tank program, a tax on dry-cleaning chemicals funds the program. Under Florida law, owners and operators of either underground storage tank facilities or dry cleaning facilities will not be subject to enforcement action for releases if they have complied with the law's reporting requirements and have secured insurance to cover claims that may be filed by affected members of the public. Public Involvement To report an emergency spill or release, 24 hours a day, seven days a week, call: 1. The National Response Center at (800) 424-8802; or For community right to know information, call: 1. The Florida State Emergency Response Commission at (800)
635-7179 or at (904) 488-1472;
This brochure was produced by the Committee on Access to Justice. For other brochures, click here.
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