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Question \#7 of 23 Which is NOT true regarding liability for cleaning up uncontrolled hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability, (CERCLA)? A) A landowner who is not responsible for the contamination on his property can seek reimbursement from previous landowners or other responsible parties; but if other parties are not available, even a landowner who did not cause the problem could be solely responsible for the costs. B) A landowner may be liable for cleanup when contamination exists - regardless of whether the contamination is the result of the landowner's actions or those of others. C) A landlowner's liability for hazardous waste site cleanup includes the cleanup of only the landowner's property. D) Potential responsible parties are identified and ordered to take responsibility for the cleanup.

Ask by Bird Munoz. in the United States
Mar 10,2025

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Answer

C) A landowner's liability for hazardous waste site cleanup is limited to their own property.

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1. Under CERCLA, liability for hazardous waste cleanup is strict and joint and several. This means that even if a landowner did not cause the contamination, they can still be held responsible if no other responsible party is available. 2. Statement A is true because a landowner who did not cause contamination may seek reimbursement from responsible parties. However, if those parties cannot be identified or held accountable, the landowner can be forced to pay for the cleanup. 3. Statement B is also true since a landowner may be liable for cleanup regardless of whether the contamination resulted from their own actions or those of another party. 4. Statement D is accurate because CERCLA requires that potential responsible parties be identified and ordered to take responsibility for the cleanup. 5. Statement C states that a landowner's liability for hazardous waste site cleanup includes the cleanup of only the landowner's property. This is not true under CERCLA, as the liability is not limited to just the landowner's property; the cleanup obligation may extend to the entire site if the contamination has spread. Thus, the answer is: C) A landlowner's liability for hazardous waste site cleanup includes the cleanup of only the landowner's property.

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Beyond the Answer

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), often referred to as Superfund, was enacted in 1980 in response to growing concerns about the environmental and health risks posed by hazardous waste sites. It empowers the federal government to respond to releases or threats of hazardous substances, facilitating the cleanup of polluted sites while holding parties responsible for contamination accountable, regardless of when the contamination occurred. In terms of real-world application, if you find yourself in a situation as a landowner dealing with contamination, the implications of CERCLA can be significant. Even if you were completely unaware of the hazardous materials present on your property, you could be held liable for cleanup costs. Understanding this law is crucial for anyone purchasing property that may have had previous industrial use or other activities that could leave a toxic legacy. Always consult environmental assessments before purchasing!

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