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About Relevant Laws
About DARRP

Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA or Superfund)
42. U.S.C. 9601 et seq.

Specific Natural Resource Trustee Authorities:

Section 104:

  • requires the prompt notification of trustees of potential damages to natural resources resulting from releases
  • requires coordination of assessments, investigations, and planning efforts with Federal and state trustees

Section 106:

  • authorizes response actions when there is an "imminent and substantial endangerment" to trust resources from actual or threatened releases of hazardous substances

Section 107:

  • establishes liability for injury to, destruction of, or loss of natural resources
  • authorizes natural resource trustees to recover compensatory damages for injury to natural resources as well as reasonable costs of assessing injury
  • mandates that all sums recovered as damages be used only to restore, replace or acquire the equivalent of such natural resources

Section 122:

  • requires that natural resource trustees be notified and encouraged to participate in negotiations related to releases that damage trust resources
  • requires that convenants not to sue be granted only if appropriate Federal natural resource trustee(s) have agreed in writing
  • allows trustee(s) to agree to a convenant not to sue if the potentially responsible party undertakes actions necessary to protect and restore natural resources damaged by the release of hazardous substances

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