CERCLA and RCRA San Diego

What Is the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Often called Superfund, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a law Congress passed on December 11, 1980, to tax the petroleum and chemical industries.

This law gives the Federal government the authority to respond when dangerous or deadly chemicals or substances threaten the environment and public safety. Billions of tax dollars fill as trust funds dedicated to cleaning up abandoned and unmonitored waste sites.

CERCLA’s creation established requirements and limits regarding closed hazardous waste sites, holds those responsible liable for these sites and provides cleanup funding through a trust when there is no responsible party. The Superfund Amendments and Reauthorization Act in 1986 made changes to CERCLA.

CERCLA authorizes actionable responses to hazardous waste sites.

There are two primary responses:

• Short-term removals when an immediate threat requires a prompt response
• Long-term, permanent solutions to significantly reduce hazards associated with serious substances that may not be life-threatening immediately. These solutions are only for sites on the EPA National Priorities List.

CERCLA also instigated revising the National Contingency Plan (NCP), which offered necessary guidelines and procedures for releasing hazardous contaminants, substances, and pollutants. It also resulted in the National Priorities List.

New EPA Rule Places PFOA and PFOS Substances Under CERCLA

On April 19, 2024, the EPA ruled that two PFAS legacy contaminants, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), are now considered hazardous under CERCLA.

As a result, the EPA can monitor, report, and investigate sites with these substances under CERCLA. This means more businesses around the country may face liability for Superfund sites. This new rule can hold manufacturers and importers, management sites, treatment plants, processors, and many others liable entities.

Tropea McMillan CERCLA Litigation Services in San Diego

At Tropea McMillan, our CERCLA litigation services relieve anyone who may be labeled a responsible party by CERCLA. Suppose the EPA has named you or your business responsible for an abandoned waste site in San Diego and Southern California. In that case, our experienced legal representation can save you time and money, offering you reassurance in a challenging situation.

When Do You Need CERCLA Representation?

By hiring a lawyer, you can protect your rights and give yourself the best chance of a favorable outcome.

Suppose you live near a contaminated site or a person or company with contaminated property. In that case, you need an attorney to help you address liability claims and recover potential cleanup costs if you’re held liable in San Diego.

If the EPA named you a responsible party under CERCLA and you disagree with this finding, you will need an experienced EPA attorney to communicate on your behalf.

You can engage an EPA lawyer knowledgeable about CERCLA for numerous other reasons:

• The EPA found you partially responsible for the contamination. If it officially finds you liable and cannot debate the ruling, you will need an attorney to help you navigate unjust claims and minimize costs and damage. 
• You are in a real estate transaction. If you sell or purchase real estate that the EPA has investigated, a lawyer can help you reduce your liability risks later. 
• You need to recover cleanup costs. If you were the liable party, an attorney will help get back the funds you had to pay during cleaning and restoration. 
• You have a client in need of assistance. If your business has a client needing representation in CERCLA litigation, you will want to hire a lawyer. 

Our CERCLA Litigation Services

When we work with you on CERCLA litigation, we strive to minimize your liability and end your case as quickly as possible. This litigation can last for years as you seek to prove you’re not liable for any potential environmental or public hazards. It can even last for decades.

We will guide you through each process step, from the initial site inspection to the final site redevelopment.

CERCLA litigation assistance from Tropea McMillan in San Diego can minimize your time, risks, and expenses.

We work fast to present three important factors for consideration:

• You are not responsible for any contamination
• You have insurance coverage for defense and liability costs
• A solvent third party owes you a duty of indemnification or contribution for any responsibility claims against you

Our professionals take pride in helping our clients with complex CERCLA cases. We represent our San Diego clients using extensive knowledge and experience in navigating the processes involved in CERCLA litigation.

We represent our clients from case beginning to end, seeing you through all stages of the process, including:

• The first site inspection
• Site investigation
• Remediation
• Site cleanup and redevelopment
• And more

We have provided services to numerous company types for many properties and sites. We help clients with major Superfund sites, smaller sites, major and minor exposure, liability protection for real estate transactions, and much more.

Our team understands CERCLA and federal agencies’ compliance demands. We make sure our clients have all the comprehensive services they need to negotiate, settle, or recover.

Our San Diego lawyers help clients like you with compliance, enforcement, liability, disputes, litigation, and more. We handle natural resource damage, chemical spill claims, industrial compounds, and all major CERCLA concerns.

We work with you to navigate cleanup efforts, identify and allocate liabilities in real estate transactions, and guide you in prevention to avoid future contamination issues.

Our lawyers also counsel clients on potential liability and legal concerns involved in disposing of contaminants that may be subject to state or federal oversight.

We use our extensive experience to make sure we never leave our clients exposed and liable under CERCLA, no matter what is unsettled. Our attorneys understand how CERCLA, federal, and state governments intertwine to affect business.

We know relevant laws such as the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), the Toxic Substances Control Act (TSCA), and the Clean Air Act (CAA).

What Is the Resource Conservation and Recovery Act (RCRA)?

The RCRA combines the first solid waste statutes and the following amendments that describe the Congress-mandated waste management program. The RCRA gives the EPA the right to build the program. RCRA is often the name for those statutes, amendments, and the associated EPA regulations, policies, and guidance.

Through The Resource Conservation and Recovery Act (RCRA), the EPA can manage hazardous materials and waste from beginning to end. From creation to transportation, management, storage, and disposal, RCRA makes sure the EPA has control. Additionally, the RCRA presented a process for managing non-hazardous materials and waste.

In 1984, the HSWA Federal Hazardous and Solid Waste Amendments attempted to phase out hazardous waste land disposal and create actionable options to correct waste release.

Other HSWA mandates include increased EPA enforcement authority, stricter waste management standards, and thorough underground storage tank processes. RCRA Amendments 1986 also added to the EPA’s ability to address underground tank storage concerns, which applies to substances like petroleum.

The Office of Resource Conservation and Recovery (ORCR) controls the RCRA. ORCR aims to protect people and the environment by ensuring that those responsible handle hazardous and non-hazardous waste properly.

Tropea McMillan RCRA San Diego Litigation Services

RCRA litigation concerns are similar to those involved in CERCLA litigation. The primary difference is that RCRA legal matters focus more on those responsible for material creation, transportation, and storage.

Substances moving through groundwater aquifers or erosion are particularly concerning for the RCRA.

A primary difference between CERCLA and RCRA is the federal funding source for substance remediation and removal; RCRA lacks that funding.

At Tropea McMillan, we help entities with RCRA compliance and defend them when they face EPA investigation for RCRA-related issues. When clients have questions about the RCRA, our attorneys minimize potential risks and costs.

There are three primary company obligation areas: hazardous waste, non-hazardous waste, and other specific RCRA compliance issues. RCRA Subtitle C presents rules governing hazardous waste and how waste management facilities and companies handle these substances.

The rules include:

• Listing hazardous materials
• Implementing waste management programs
• Hazardous waste creation
• Waste transportation
• Waste storage, treatment, and disposal
• Land restrictions
• Commercial business conducted with hazardous materials

The RCRA also covers business activities involving non-hazardous solid waste, such as disposal facilities and municipal solid waste landfills. This expands the statute’s scope of applicability.

Therefore, companies transporting or disposing of non-hazardous solid waste must consult EPA compliance lawyers so they meet all statutory and regulatory requirements.

The RCRA regulates hazardous waste, non-hazardous solid waste, and various commercial activities that directly or indirectly pose environmental risks in waste storage and disposal. This encompasses everything from medical waste to underground storage tanks.

We advise companies on RCRA and ecological compliance in general so that our clients understand and promptly fulfill all relevant obligations.

RCRA noncompliance can result in companies (and their owners and executives) facing major penalties. Although many RCRA litigations are civil, the statute also contains criminal enforcement provisions that carry hefty fines and possible imprisonment.

Violations that may lead to prosecution under the RCRA include:

• Conducting treatment, storage, or disposal without a permit
• Violating a permit during treatment, storage, or disposal
• Transporting hazardous waste without a manifest
• Transporting hazardous waste to an unpermitted facility
• Making false statements or leaving out important information in an EPA filing
• Knowingly altering, destroying, or concealing records during an EPA inspection or investigation
• Knowingly endangering wetlands, species, or other environmental resources
• Illegally exporting hazardous waste outside of the United States

Most of these violations can result in ongoing or one-time fines and federal imprisonment for the individuals involved. When facing scrutiny under the RCRA, companies and individuals must engage experienced lawyers to guide them through the litigation and help them achieve the most favorable outcome.

At Tropea McMillan, our lawyers and consultants have extensive experience in EPA law enforcement matters, including dealing with the U.S. Department of Justice (DOJ) and other agencies, and we leverage this experience to protect our clients using all available means.

While violations can lead to criminal prosecution under the RCRA, they are not the only ones warranting EPA scrutiny. Even unintentional mistakes can expose companies to substantial civil monetary penalties (CMP), permit revocation, and other punishments.

If your company faces scrutiny, our lawyers and consultants can offer help regardless of the allegations. We can collaborate with the EPA to find an amicable resolution and avoid charges if necessary.

Contact Tropea McMillan for CERCLA and RCRA Litigation Services in San Diego

If you’re purchasing major industrial real estate, you own land on which waste exists, or you face scrutiny under CERCLA or RCRA in San Diego, don’t hesitate. Get help from experienced attorneys who can help you avoid disastrous consequences.

Our lawyers at Tropea McMillan, LLP, understand these statutes and others that can save you and your business from many issues facing California property owners. We know environmental regulatory laws and how they affect all aspects of your business.

Not only can we help you through litigation, but we can also help you avoid it in many cases.

Whether you need a consultation, risk assessment, litigation assistance, compliance assistance, or many other services, call our firm to help you make sure you’re safe and in compliance.

Call us at (866) 977-8921 for help in Los Angeles, San Jose, and San Diego. We’re ready to help you navigate environmental law.