§3.2 - EPA Enforcement

• Jurisdiction: Washington

§3.2 EPA ENFORCEMENT

CERCLA gives the EPA a variety of enforcement options and tools. CERCLA §104, 42 U.S.C. §9604, grants the EPA broad authority to gather information about a potential release of hazardous substances. (See §3.3(1), below, for the definition of release under CERCLA.) For example, the EPA may require individuals to furnish information about any materials treated, stored, or disposed of at a facility; the nature of a release of hazardous substances from a facility; and/or information concerning a persons ability to pay for cleanup of hazardous substances. 42 U.S.C. §9604(e)(2). (See §3.3(2), below, for the definition of a facility under CERCLA.) Moreover, the EPA is permitted to enter any property where hazardous substances have been stored, treated, or disposed of, or any location where a release or threatened release of hazardous substances has occurred. 42 U.S.C. §9604(e)(3). CERCLA §103, 42 U.S.C. §9603, outlines the notification requirements pertaining to a release of hazardous substances. According to this provision, any person in charge of a vessel or an offshore or an onshore facility with knowledge of a release must immediately notify the National Response Center of such a release. 42 U.S.C. §9603(a). Failure to notify the appropriate agency may result in a fine, imprisonment, or both. 42 U.S.C. §9603(b).

Ultimately, the EPA is authorized to select a remedy to abate contamination at any site where a hazardous...