Environmental cleanup law

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Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for undertaking (or paying for) such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, and site reuse.

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Different laws may govern the cleanup or remediation of varying environmental media. Spill response or cleanup requirements may be enacted as stand-alone laws, or as parts of larger laws focused on a specific environmental medium or pollutant.

Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act or RCRA is an act that gives the EPA the authority to regulate and control hazardous waste. This includes generation, transportation, treatment, storage, and disposal of hazardous waste. [1]

Waste Chemical Cleanup Enforcement

One of EPA's top priorities is to protect communities disproportionately affected by pollution through environmental justice work.

EPA and the states verify RCRA compliance through a compliance monitoring program which includes inspecting facilities, reviewing records and taking enforcement action when there are violations. [2]

Asbestos Hazard Emergency Response Act

This act is how the EPA handles asbestos that is discovered in schools as well as government employees who aren't protected under the Occupational Safety and Health Act. [3]

Toxic Substance Control Act

This act regulates chemical manufacturers and importers by requiring reporting, record keeping, and testing of the chemicals. [4]

Comprehensive Environmental Response, Compensation, and Liability Act

The Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA is an act that provides a federal fund to help cleanup uncontrolled or abandoned hazardous waste sites. [5]

This includes any type of emergency release of contaminants into the environment. [6]

Emergency response and prevention

Environmental cleanup laws may contain requirements for identifying and responding to environmental emergencies. In such cases, laws may define when immediate response actions are required, or criteria by which a regulatory agency may make such a determination. [7] Immediate response actions may be required, for example, when a release of a pollutant into the environment poses an immediate threat to human health or ecological values. Events such as oil spills and large-scale chemical releases often trigger emergency response actions.

Environmental remediation

Environmental remediation is the process of physically removing, treating, or isolating pollutants in environmental media. Environmental cleanup laws may contain specific requisite remediation protocols, or may contain standards and processes by which a regulatory agency may determine an appropriate remedy.

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<span class="mw-page-title-main">Hazardous waste</span> Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that has substantial or potential threats to public health or the environment. Hazardous waste is a type of dangerous goods. They usually have one or more of the following hazardous traits: ignitability, reactivity, corrosivity, toxicity. Listed hazardous wastes are materials specifically listed by regulatory authorities as hazardous wastes which are from non-specific sources, specific sources, or discarded chemical products. Hazardous wastes may be found in different physical states such as gaseous, liquids, or solids. A hazardous waste is a special type of waste because it cannot be disposed of by common means like other by-products of our everyday lives. Depending on the physical state of the waste, treatment and solidification processes might be required.

<span class="mw-page-title-main">United States Environmental Protection Agency</span> U.S. federal government agency

The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Superfund</span> US federal program to investigate / clean up sites contaminated with hazardous substances

Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and cleanup sites contaminated with hazardous substances. Sites managed under this program are referred to as Superfund sites. There are 40,000 federal Superfund sites across the country, and approximately 1,300 of those sites have been listed on the National Priorities List (NPL). Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups).

<span class="mw-page-title-main">Resource Conservation and Recovery Act</span>

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.

The Small Business Liability Relief and Brownfields Revitalization Act was signed into law by President George W. Bush on January 11, 2002. Brownfields are defined as, "A former industrial or commercial site where future use is affected by real or perceived environmental contamination." The Brownfields Law amended the Comprehensive Environmental Response, Compensation, and Liability Act by providing funds to assess and clean up brownfields, clarifying CERCLA liability protections, and providing funds to enhance state and tribal response programs. Other related laws and regulations impact brownfields cleanup and reuse through financial incentives and regulatory requirements.

<span class="mw-page-title-main">Polluter pays principle</span> Principle in environmental law

In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. This principle has also been used to put the costs of pollution prevention on the polluter. It is regarded as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development (OECD) and European Union countries, and has a strong scientific basis in economics. It is a fundamental principle in US environmental law.

<span class="mw-page-title-main">National Priorities List</span> Priority list of hazardous waste sites in the United States

The National Priorities List (NPL) is the priority list of hazardous waste sites in the United States eligible for long-term remedial investigation and remedial action (cleanup) financed under the federal Superfund program. Environmental Protection Agency (EPA) regulations outline a formal process for assessing hazardous waste sites and placing them on the NPL. The NPL is intended primarily to guide EPA in determining which sites are so contaminated as to warrant further investigation and significant cleanup.

Hazardous Waste Operations and Emergency Response is a set of guidelines produced and maintained by the Occupational Safety and Health Administration which regulates hazardous waste operations and emergency services in the United States and its territories. With these guidelines, the U.S. government regulates hazardous wastes and dangerous goods from inception to disposal.

<span class="mw-page-title-main">Illinois Environmental Protection Agency</span> U.S. state government agency

The Illinois Environmental Protection Agency of the state of Illinois is the primary body concerned with the protection of the environment for the state. The Illinois EPA's mission is "to safeguard environmental quality, consistent with the social and economic needs of the State, so as to protect health, welfare, property and the quality of life."

<span class="mw-page-title-main">Hazardous waste in the United States</span>

Under United States environmental policy, hazardous waste is a waste that has the potential to:

<span class="mw-page-title-main">Office of Enforcement and Compliance Assurance</span> Law enforcement arm of the United States Environmental Protection Agency

The Office of Enforcement and Compliance Assurance (OECA) is the law enforcement arm of the United States Environmental Protection Agency (EPA). It is made up of attorneys, special agents, scientists and other employees.

<span class="mw-page-title-main">Waste management law</span>

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.

The United States Environmental Protection Agency (EPA) defines brownfield land as property where the reuse may be complicated by the presence of hazardous materials. Brownfields can be abandoned gas stations, dry cleaning establishments, factories, mills, or foundries.

There are benefits to leaving environmental regulation both to the federal government to the states.For example, wildlife conservation is much more of a concern for Alaska than for New York. New York, however, has much bigger air and light pollution issues than Alaska.

<span class="mw-page-title-main">Exemptions for fracking under United States federal law</span>

There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.

Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.

Brook Industrial Park (BIP) is an industrial area occupying 4.5 acres of the Borough of Bound Brook, New Jersey, in the United States of America. It is located on the northern bank of the Raritan River. Industrial, chemical and pesticide operations began in 1971 and eventually lead to the contamination of groundwater and exposure of workers to harmful dioxins. Throughout 1980 to 1988 the United States Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection (NJDEP) conducted studies to determine if there were any threats being posed on the workers, community or environment by the BIP companies in their disposal of processed and stored chemicals.

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