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Diamonds are forever, too.
Between RCRA and CERCLA (aka Superfund), a generator’s legal liability for any waste generated essentially lasts forever. RCRA applies to all hazardous wastes from cradle to grave. It also can stretch into the past because RCRA hazardous waste listings apply retroactively to pre-RCRA wastes that have contaminated media and are being managed under site remediations. [53 FR 17586, RO 12090]
CERCLA has “joint and several” liability that applies to any and all “potentially responsible parties” (PRPs). PRPs include anyone who has owned, operated, or sent waste to a designated Superfund site. [42 USC 9607(a)] And joint and several liability means that any PRP may be held liable for the entire cleanup cost.
In short, regardless of what the regulations allow, always consider long-term RCRA and CERCLA liability and manage wastes, even currently RCRA nonhazardous wastes, with appropriate care. Visit us for more compliance morsels.
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McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided above. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which such guidance may conflict. Any guidance above is general in nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.
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