Question

Your operations manager discovers an old pit behind your facility in the parking lot. Testing discloses the presence of hazardous substances. You bought the facility from a bank who had repossessed the property from a real estate developer who acquired the property from the person who used the old pit as a dump. Please answer the following five questions: A. Is the site subject to CERCLA? B. Must you report your findings to the United States Environmental Protection Agency or the relevant state agency? C. Who is a PRP under CERCLA? D. Can the present owner seek reimbursement from CERCLA? E. What are the cleanup standards?

Answer 1

A. Yes.

B. State agency

C. PRP under CERCLA

Under CERCLA 4 classes of parties may be found liable for the contamination. These parties called potentially responsible parties (PRP s) 4 types include,

1. Current owner or operated of the facility.

2. The owner or operated at the time of disposal of hazardous substances occurred.

3. A person who arranged for the disposal of hazardous substances on behalf of owner.

4. A person who transported the hazardous substance to the facility.

D. Yes can.