CERCLA Violation Statute of Limitations

What is the Statute of Limitations for CERCLA Violations?

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) is a federal law in the United States that governs the cleanup of hazardous waste sites and holds responsible parties accountable for the costs of cleanup. The statute of limitations for a violation of CERCLA is relatively complex and depends on the type of violation and the type of enforcement action being taken.

For administrative enforcement actions, such as notices of violation or compliance orders issued by the Environmental Protection Agency (EPA), the statute of limitations is typically six years from the date of the violation.

For civil enforcement actions, such as lawsuits brought by the EPA or private citizens, the statute of limitations is typically three years from the date of the violation, or three years from the date when the violation was discovered, whichever is later.

For cost recovery actions, such as lawsuits brought by the EPA to recover the costs of cleanup from responsible parties, the statute of limitations is typically six years from the date of the violation, or six years from the date when the violation was discovered, whichever is later.

For enforcement actions to recover natural resource damages, the statute of limitations is typically three years from the date of the violation, or three years from the date when the violation was discovered, whichever is later.

It's important to note that these are general guidelines and the specific statute of limitations for a particular violation of CERCLA may vary depending on the circumstances of the case. It's always best to consult with a lawyer or the relevant government agency for specific information on the statute of limitations for a particular CERCLA violation.