Two of the main Federal laws that address hazardous and toxic materials issues are the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). CERCLA, commonly known as Superfund, has the major objectives to identify hazardous and toxic material sites, determine liability, and oversee the cleanup. The financial liability aspects of these sites or sites in proximity should be of greater concern to Sub-applicants in buyout projects because they will hold title to acquired property and will therefore share in any liability. For this reason, FEMA will not fund the acquisition of contaminated property (with the exception of residential or commercial properties containing normal quantities of lead or asbestos, home septic systems, home heating oil tanks, and normally occurring quantities of household hazardous materials).
The RCRA of 1976 addresses the handling, disposal and recycling of debris and solid waste, including hazardous materials. The requirements of RCRA are implemented at the State and local levels and are often included as conditions or best management practices in permits required at those levels. Besides disposal and recycling of waste materials, RCRA is also concerned with the transportation, treatment, and storage of hazardous waste. In addition to health and safety issues, RCRA is closely tied to some of the objectives of the Clean Water Act and Clean Air Act, relating to potential effects on water and air quality.
- H.1: Determining if there are hazardous or toxic materials present in your project area
- H.2: How to find out if there has been any studies, investigations, or enforcement actions related to your site
- H.3: How do I determine if my project will involve the use of any hazardous or toxic materials?
- H.4: Determining past land uses of properties in your project area
- H.5: How to Address Adverse Effects
- H.6: How to provide relevant and helpful support documentation