CERCLA PRPs

1
CERCLA PRPs

• COURSE
• Professor
• Date

2
Overview of CERCLA 107

• 4 TYPES OF
• PRPs
• Current
• owners and
• operators
• Past owners
• operators
• at the time
• of disposal
• Arrangers
• Transporters

• LIABLE FOR 4
• TYPES OF
• COSTS
• Government
• response
• costs
• PRP response
• costs
• Natural
• resource
• damages
• Health
• assessment
• monitoring

• WITH ONLY 3
• DEFENSES
• Act of God
• Act of war
• Innocent
• purchaser
• defense

3
Current Owner or Operator

• The current owner or operator of a vessel or
  facility. . . .
• CERCLA 107(a)(1), 42 U.S.C. 9607(a)(1).

4
United States v. Bestfoods
DERIVATIVE LIABILITY AS OWNER
1977 OWNS
Aerojet General Corp.
DIRECT LIABILITY AS OPERATOR
Storey Chemical Co.
Cordova Chemical
1977 OWNS
CPC International
Cordova Chemical
1972 OWNS OPERATES
1977 OPERATES
Ott Chemical
1965 OWNS
1957 OPERATES
5
Past Owners and Operators

• Any person who at the time of disposal of any
  hazardous substance owned or operated any
  facility at which such hazardous substances were
  disposed of . . . .
• CERCLA 107(a)(2), 42 U.S.C. 9607(a)(2)
  (emphasis added).

6
Alliedsignal, Inc. v. Amcast International Corp.
The CERCLA Site Maps care of Agency for Toxic
Substances and Disease Registry, Centers for
Disease Control
Ironton, Ohio
Ohio River
Goldcamp Disposal Area
7
Carson Harbor Village, Ltd. v. UNOCAL Corp.
Oil Well Typical of California U.S. Geological
Survey photo
8
Arranger Liability

• Any person who by contract, agreement, or
  otherwise arranged for disposal or treatment, or
  arranged with a transporter for transport for
  disposal or treatment, of hazardous substances
  owned or possessed by such person, or by any
  other party or entity, at a facility or
  incineration vessel owned or operated by another
  party or entity and containing such hazardous
  substances. . . .
• CERCLA 107(a)(3), 42 U.S.C. 9607(a)(3)

9
United States v. Shell Oil Co.
World War II Catalina Plane National Park Service
photo
10
Transporters

• Any person who accepts or accepted any
  hazardous substances for transport to disposal or
  treatment facilities, incineration vessels or
  sites selected by such person, from which there
  is a release, or a threatened release which
  causes the incurrence of response costs, of a
  hazardous substance . . . .
• CERCLA 107(a)(4), 42 U.S.C. 9607(a)(4)
  (emphasis added).

11
Tippins, Inc. v. USX Corp.
A Baghouse Occupational Health Safety
Administration (OSHA) photo