Hazardous Substance - CERCLA, 42 U.S.C. 9601

As mentioned previously, one of the ways the United States determines if a substance is hazardous is through the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), which is detailed in 42 U.S.C. 9601, Section 103(14).

Before looking at the specifics of Section 103(14), it is useful to understand the history of the code 9601 and its relevance to hazardous materials cleanup.

In 1980, Congress passed the CERCLA (or Superfund). CERCLA provides federal funds (referred to as a Superfund) to clean up the following hazardous sites and materials:

• Uncontrolled or abandoned hazardous materials
• Accidents and spills
• Emergency releases of pollutants or contaminants

CERCLA gives the Environmental Protection Agency (EPA) the authority to identify those responsible for hazardous material releases and request their assistance and cooperation during the cleanup process. This includes recuperating cleanup costs from those responsible for the site contamination.

Part of this code (specifically Section 103) details the definition for hazardous substances.

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