§3.1 - Introduction

• Jurisdiction: Washington

§3.1 INTRODUCTION

On December 11, 1980, Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§9601-9675, commonly known as Superfund. In response to several infamous discoveries of hazardous waste contamination, including the Love Canal in New York, Congress developed CERCLA with the purpose of reducing or eliminating threats to human health and the environment resulting from releases of hazardous substances.

Comment: As noted above, CERCLA is found in the United States Code at 42 U.S.C. §§9601-9675. However, CERCLAs provisions are also commonly referred to by the Acts own corresponding numerical designations, §§101-128, 301-312, and 401-405. This chapter will refer in its text to the section designations and also provide a parallel U.S. Code citation for ease of reference.

Note: Hazardous substance is defined in CERCLA §101(14), 42 U.S.C. §9601(14), which incorporates by reference definitions of the same term from the Clean Water Act, 33 U.S.C §§1311-1387, the Clean Air Act, 42 U.S.C §§7401-7671q, and the Resource Conservation and Recovery Act, 42 U.S.C. §6901-6992k. Notably, the term hazardous substance excludes from its definition petroleum and natural gas See id. But see Cose v. Getty Oil Co., 4 F.3d 700 (9th Cir. 1993) (petroleum exclusion not available for crude oil tank bottom waste); Organic Chem. Site PRP Grp. v. Total Petroleum, 58 F.Supp.2d 755, 763 (W.D. Mich. 1999) (noting that courts have not applied the petroleum exclusion where

...