RE: Hanford Site Cleanup Standards and CERCLA

[RuthWeiner@AOL.COM]

Here is what I got on CERCLA liability from the U. S. Code web page



42 US Code Chapter 103 Sec 9607 - Liability 



(a) Covered persons; scope; recoverable costs and damages...



(3)any person who by contract, agreement, or otherwise arranged for disposal or treatment...of hazardous substances...at any facility....

(4)....shall be liable for - 

     (A) ALL COSTS OF REMOVAL OR REMEDIAL ACTION INCURRED BY THE UNITED STATES GOVERNMENT....

(emphasis mine)



Hanford IS the United States Government, so CERCLA liability clearly does not apply.



Furthermore, Section (b)(3) exempts contractors from liability, and (b)(3)(A) exempts anyone who exercised due care with respect to the hazardous substances concerned  "in light of all relevant facts and circumstances"



So even if CERCLA applied to Hanford contractors, they  would not be liable because they did exercise care in light of the relevant facts at the time (or in any case, one would be hard pressed to prove, 30 to 50 years later, that they didn't).  The Congressional framers of CERCLA did not expect 20/20 foresight.



Ruth

-- 

Ruth F. Weiner

ruthweiner@aol.com

505-856-5011

(o)505-284-8406



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