CERCLA Check

Which of the following is NOT a common element of CERCLA

• A knowing

• release

• of a hazardous substance

• from a facility

Which tends to be more expensive

• Removal Actions

• Remediation Actions

Check all correct answers:

Section 104 of CERCLA authorizes the EPA (via the President) to ...

• conduct remediation actions

• collect costs of clean up actions from responsible parties

• conduct removal actions

• take other responses measures

Which part of the Constitution authorizes Congress to regulate hazardous waste sites

• Necessary and Proper Clause

• Treaty Power

• Tenth Amendment

• Commerce Clause

CERCLA liability is retroactive

• True

• False

NPL stands for:

Which of the following are PRPs

• the present day landowner (of a hazardous site)

• A company that generated waste that was dumped at the site

• The truckdriver who brought the waste to the site

• The individuals who purchased the products that resulted in the waste

Which type of action is more akin to classic tort law

• 107 cost recovery actions

• 113 contribution actions

• 106 administrative orders

Which of the following is NOT a valid defense for liability

• Act of God

• Innocent Landowner

• Bankruptcy

• Act of War