Re: Hanford Site Cleanup Standards and CERCLA

[BLHamrick@AOL.COM]

In a message dated 9/3/2003 4:34:49 PM Pacific Standard Time, 

RuthWeiner@AOL.COM writes:

(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.

I hate to be the wet blanket (AGAIN), but here is a sample of sites in 

California that are on the National Priorities List (the NPL) - i.e., the list of 

sites that officially come under CERCLA's remedial authority:



Lawrence Livermore Laboratory (USDOE) 



Concord Naval Weapons Station

 

Edwards Air Force Base

 

Jet Propulsion Laboratory (NASA)

 

Castle Air Force Base

 

Fort Ord

 

El Toro Marine Corps Air Station 



In fact, the EPA's "CERCLA" website specifically states:  "Some sites owned 

or used by Federal agencies are subject to this statute,"  

(http://www.epa.gov/compliance/civil/federal/cercla.html).



On this issue, they state:



"Federal facilities that are significantly contaminated may be listed on the 

National Priorities List (NPL). The Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA or Superfund), Section 120 requires 

Federal agencies w/NPL sites to investigate and clean up the contamination. CERCLA 

requires that the Federal facility and EPA sign an Interagency Agreement (IAG).

Once an IAG has been signed, EPA monitors the cleanup schedule and milestones 

and conducts oversight of all enforceable requirements to ensure proper 

implementation of each cleanup. This process includes resolving disputes, 

negotiating IAG amendments, and all other enforcement work. EPA can assess stipulated 

penalties for non-compliance with the terms of the IAG including missed 

milestones. For Federal facility NPL sites, the signing of the IAG and oversight of 

its implementation ensures a protective cleanup at a timely pace."

I would assume "timely pace" to have a meaning similar to all other federal 

agencies, i.e., on the order of a geological era.

Barbara