Private cleanup cost recovery and compliance with the national contingency plan
作者:
MitchellL. Lathrop,
期刊:
Environmental Claims Journal
(Taylor Available online 1997)
卷期:
Volume 10,
issue 2
页码: 59-73
ISSN:1040-6026
年代: 1997
DOI:10.1080/10406029809379301
出版商: Taylor & Francis Group
数据来源: Taylor
摘要:
Private parties engaging in voluntary cleanup operations who seek cost recovery under CERCLA must be scrupulous in complying with all requirements of the applicable version of the National Contingency Plan to avoid losing the right to recover from all responsible third parties. The distinction between removal actions and remedial actions must be carefully considered. While recovery may be had when there is “substantial compliance”; with the NCP, the requirement of public notification is mandatory. In removal actions the public must be notified of the removal action and given an opportunity to comment, whereas in remedial actions a community relations plan must be developed, interviews must be conducted, and the public must be involved in the process.
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