Five-Year Reviews Sample Clauses

Five-Year Reviews. If an RA is selected that results in hazardous substances, pollutants, or contaminants remaining at a Select Site above levels that allow for unlimited use and unrestricted exposure, NASA shall review such action no less often than every five (5) years after initiation of the selected RA, as required by Section 121(c) of CERCLA, 42 U.S.C. § 9612(c), and the NCP. Following each review, in accordance with the schedule established in the EPA-approved SMP, NASA shall submit a Five-Year Review Report, developed in accordance with EPA guidance, to EPA for its concurrence.

Five-Year Reviews. Where hazardous substances are left at a site at levels that do not allow unrestricted use of the property, the Agency conducts an evaluation of the remedy no less often than every 5 years to determine its effectiveness and to determine if it continues to be protective of human health and the environment. The community is encouraged to provide input, and the results are presented to the public. A key element of CERCLA is its emphasis on enforcement. CERCLA provides EPA with enforcement authorities to get PRPs to implement removal or remedial actions at sites, either through consen- sual settlements or unilateral enforcement orders. CERCLA also provides EPA (as well as state and local governments and even private parties) the authority to seek reimbursement of its costs from PRPs. EPA’s guiding philosophy in implementing the Superfund Program is to pursue enforce- ment first throughout the process. In this way, EPA seeks to compel those who are responsible for hazardous waste sites to undertake the cleanup and to conserve the resources of the trust fund for those sites where no PRPs can be found. Under CERCLA, a person (which can include a corporation, a governmental entity and a variety of other organizations, as well as individuals) can be liable for response costs where: » There is a release or a threatened release of a hazardous substance from a facility into the environment that causes incurrence of response costs, and » The person is included in at least one class of PRPs Integrating Water and Waste Programs to Restore Watersheds: A Guide for Federal and State Project Managers Section 107(a) of CERCLA identified four categories of PRPs: » Owners or operators of a site. As passed in 1980, CERCLA imposed potential liability on virtually any current owner of contaminated property. In 2002 Congress passed amend- ments to CERCLA that, among other provisions, allowed those who acquired property after January 11, 2002, and who met and maintained certain conditions (conducted due diligence before acquiring the property and cooperated with government cleanup agencies after acquisition, and so on) to avoid liability. Such parties are termed bona fide prospective purchasers (BFPPs). » Owners or operators of a site at the time of disposal. Courts have differed as to whether passive migration during one’s ownership of a site constitutes disposal. » Those who arranged for disposal. Generators are by far the largest category of PRPs and can include virtually anyone ...