In April 2024, updates to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) reshaped the landscape for property owners.
These revisions designate PFOA, PFOS, and their related variants—commonly called “forever chemicals”—as hazardous substances requiring mandatory cleanup.
Navigating this new regulatory era demands more than a surface understanding of the changes. At Tropea McMillan LLP, we stand alongside residential and commercial property owners caught in the complexities of these new requirements.
These changes leave no room for ambiguity; the stakes are real and immediate. Our law firm aims to clarify how CERCLA updates impact property owners in contaminated zones, provide insight into penalties for non-compliance, and explain how our environmental lawyers can help adapt to the new rules.
What is CERCLA?
The Comprehensive Environmental Response, Compensation, and Liability Act was enacted to handle the cleanup of hazardous substance contamination. It gives the EPA the authority to identify polluters, enforce cleanup efforts, and recover costs from liable parties.
With the new updates, the EPA has greater power to address contamination from forever chemicals, even if property owners in contaminated zones are not directly responsible for the pollution. Key changes to the regulation include:
- New additions of forever chemicals: PFOA, PFOS, and their related variants have been added to the list of hazardous substances in the act. Property owners in contaminated zones are now subject to mandatory cleanup requirements when these chemicals are present.
- Expansion of EPA’s Response Authority: The updated regulations broaden the EPA’s ability to respond to contamination caused by PFOS, PFOA and PFAS contamination, including emergency removal actions and long-term remediation plans.
- Inclusion of non-EPA Superfund sites: Previously, only properties on the National Priorities List (NPL) were subject to CERCLA regulations. The updates now include non-EPA Superfund sites, expanding the scope of properties the regulation could impact.
There is no doubt that this act provides the EPA with the necessary tools to address hazardous substance contamination and protect public health. However, these updates also bring added responsibilities and potential liabilities for property owners in contaminated zones.
What Do Property Owners in Contaminated Zones Need to Know About the 2024 CERCLA Updates?
New Compliance Standards
The 2024 CERCLA updates redefine compliance for property owners in contaminated zones. These changes require immediate action to meet new regulatory demands:
- Mandatory Cleanup: Address contamination from PFOA, PFOS, and related chemicals in compliance with EPA directives to avoid legal and financial liability.
- Enhanced Reporting: Disclose all contamination during property transactions to meet regulatory requirements and prevent legal challenges or disrupted sales.
- Regular Inspections: Conduct frequent inspections to detect contamination early and manage remediation efforts before issues escalate.
Ignoring these standards can lead to unexpected legal battles and financial burdens. Having legal support ensures you navigate these complexities effectively, preventing costly oversights.
Penalties for Non-Compliance
Non-compliance with the updated standards can lead to significant legal and financial repercussions. Property owners in contaminated zones risk several additional potential penalties for non-compliance:
- Hefty Fines: Property owners now face financial penalties of up to $69,733 per day for initial violations and up to $209,202 for subsequent acts of non-compliance with the new updates.
- Legal Actions: Non-compliance opens the door to lawsuits from the EPA, state agencies, or neighboring property owners. Litigation can result in costly settlements, court-mandated cleanup efforts, and lasting reputational damage.
- Property Liens: The government can impose liens on properties with unresolved contamination, making refinancing or selling nearly impossible. These liens remain in place until all cleanup expenses are fully covered, significantly lowering property value.
The financial and reputational damage from non-compliance can be severe. Legal advisors can help you avoid these pitfalls, ensuring your business or personal assets remain protected from unwarranted claims.
New Potential Liability Risks
The updates expand liability risks, affecting property owners’ responsibilities. Key risks include:
- Historical Contamination: Property owners are responsible for pollution from past owners, even if it happened decades ago. Compliance requires addressing any unresolved contamination to avoid penalties.
- Third-Party Claims: Neighbors can seek damages if contamination spreads to their land. This can lead to lawsuits and costly remediation demands for property owners.
- Shared Responsibility: Liability can involve current and past owners, but present owners may need to handle cleanup first and recover costs from others later.
Being held accountable for contamination you didn’t cause can devastate your business. Legal counsel can help defend your rights and mitigate these risks, safeguarding your property, investments, and personal assets.
Legal Strategies for Navigating the 2024 CERCLA Updates
The updates emphasize shared responsibility, leaving more property owners in contaminated zones at risk of severe EPA penalties and legal action. Addressing compliance now is the best way to avoid getting blindsided by costly litigation or injury claims.
With the right strategies—bolstered by strong legal guidance—you can protect your property and your financial interests while navigating the new rules with confidence by:
- Performing Regular Site Inspections: Proactively identifying contamination helps address issues early, mitigating liability and streamlining compliance efforts.
- Understanding New Standards: Familiarizing yourself with the updated requirements, including cleanup mandates for “forever chemicals,” ensures you’re taking the correct actions.
- Engaging Legal Counsel: Legal advisors can help assess liabilities, communicate with governing agencies, and develop tailored strategies to minimize risks.
- Maintaining Thorough Documentation: Keeping detailed records of site activity, inspections, and compliance efforts provides a strong defense against claims and disputes.
- Implementing Long-Term Risk Management: Developing a preventative strategy prevents future contamination concerns and reduces overall exposure.
Taking a proactive approach helps you stay compliant and shields you from unnecessary legal struggles. With trusted legal guidance, property owners can reduce liability risks, avoid disputes, and safeguard long-term investments while tackling the complexities of CERCLA compliance.
Tropea McMillan LLP | Comprehensive Legal Support in CERCLA Cases
The 2024 CERCLA updates present new challenges for property owners in contaminated zones, expanding liability risks and imposing stricter compliance requirements for managing hazardous substances like PFOA and PFOS.
These changes demand a proactive and informed response to avoid costly penalties or unwarranted legal exposure. Tropea McMillan LLP is ready to help property owners combat the legal complexities introduced by the recent updates.
Our environmental attorneys are focused on resolving disputes, protecting client rights, and guiding property owners toward strategies that minimize financial and legal exposure.
Don’t wait to act if the 2024 CERCLA updates have left you uncertain about your liabilities or how to proceed. Contact an environmental attorney from Tropea McMillan LLP online or at (619) 566-0676 for guidance from our environmental compliance lawyers.