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Who Is Responsible For Cleanup Under CERCLA?
Beginning of Essay
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What is CERCLA? The Comprehensive Environmental Response, Compensation, and
Liability Act ( CERCLA )
1) The purpose of CERCLA is to make owners and operators of hazardous waste
dump sites and contaminated areas, as well as their customers, responsible for
clean .... Middle of Essay
.... dissolved corporations are permissible
ii) If one is the owner or operator, liability may attach even if some other
party in the past placed hazardous wastes there. ( The seller of a foundry was
found liable under CERCLA when it was sold for $25,000, but was appraised at
$200,000, suggesting the decision to sell was for disposal of hazardous
materials.) A vendor is not an owner if it did not own the property at the time
of toxic discharge from the facility.
iii) A parent company may be considered the owner, despite the formation of a
subsidiary with day to day control over operations.
iv) Lenders and secured creditors are liable if they ....
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Words: 467 - Pages: 2
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