Environmental Law Blog

In our last post, we explored the general framework of the Superfund Law and how historically-contaminated sites get cleaned up by generators, transporters and dumpers of hazardous wastes.  But what about currently-operating sites that suffer a spill of hazardous substances or sites that require immediate clean-up?  And what role is there for the public? 

The Superfund also contains a provision that requires the person with control of a hazardous substance to notify the government if there is a release of certain amounts of contaminants (reportable quantities) into the environment. The federal EPA's work under the Superfund Law was initially funded by a tax on certain industries. That tax has expired, but EPA continues to fund work either using the Fund, or by entering into agreements with responsible parties who then do the clean up work themselves.

While the states do not have all of the authorities provided to EPA under the law, states do have the authority to conduct a site clean up and then recover their costs from the responsible parties. This has proven to be a powerful tool for most states and has resulted in the clean up of a number of sites, including sites in Missouri. Additionally, many states, including Missouri, work with EPA and participate in site clean ups in partnership with the federal government.

Another important goal of the Superfund Law is involving the public in the clean up process. To that end, Congress has provided EPA with funding that allows EPA to help citizens pay or experts in the fields of geology, engineering, toxicology, biology, chemistry and related fields to help people located in or near a contaminated site. EPA and the states also encourage public involvement in the clean up process by assisting local interested members of the public to form Citizen Action Groups. These groups, or CAGs, meet on a regular basis with representatives from EPA and the MDNR, to discuss the status of the clean up efforts and what to expect next. There are CAGs formed at several sites in Missouri, including in the cities of Herculaneum (Herculaneum smelter site) and Neosho (Pools Prairie Superfund Site.) EPA has a website that has information about both the technical assistance grants and forming a CAG. Interested persons should visit both the EPA's website as well as the MDNR's Hazardous Waste Program website.

What other tools should be available in an emergency?  Is the federal Superfund enough to protect the public welfare or should the State have its own "mini-Superfund" law?