The Gary’s leaking gasoline tanks present a looming and significant threat to the public health and the environment. Apart from presenting the risk of explosion and fire, these tanks can contaminate the drinking water, thus, endangering human health. For this reason, CERCLA applies to this case. The law authorizes the cleanup as well as enforcement actions to react to threatened or real discharges of hazardous waste materials into the environment (Bearden, 2012). Specifically, CERCLA empowers the United States federal government to clean up the polluted sites and make the individuals responsible for the releases of hazardous substances at these sites financially liable for the costs associated with the cleanup. The possible pollutants at the site where Gary’s tanks have started to leak include xylenes, ethylbenzene, toluene, and benzene. These contaminants present some serious health risks. Ethylbenzene, xylenes, and toluene affect the central nervous system, kidneys, and liver while benzene is said to cause cancer when it contaminates the drinking water. It is, thus, the responsibility of the federal government to take the necessary action to prevent the environmental and public health risks as a result of Gary’s Gasoline leakage as stipulated in CERCLA.
NPL is a list that identifies the Superfund sites (Lay, 2010). These are the sites that are most polluted and present the highest risks to the environment and public health. There is no automatic liability under CERCLA and other statutes for the owners of the property on the National Priorities List. According to Bearden (2012), the innocent owners of the properties on the National Priorities List are exempted from the cleanup liability if they acquired these properties devoid of knowing that they are polluted. In essence, the bona fide prospective buyers of the properties on the NPL are protected from liability on condition that they meet particular requirements. For instance, these buyers must not be potentially responsible or be connected to a potentially liable party. Besides, they must prove that all the disposal happened before they purchased the properties. What is more, they must give the individuals authorized to carry out response actions full access, assistance, and cooperation.
References
Bearden, David, M. (June 14, 2012). Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act. Congressional Research Service.
Lay, S. (2010). Understanding the Basics of CERCLA. American Bar Association.
