State Agency Involvement Fulfills NCP's Community Participation Requirement

摘要

The National Contingency Plan (NCP), which is codified in 40 CFR Part 300, establishes the rules that EPA, state agencies, and private parties must follow when cleaning up hazardous waste sites under CERCLA. Parties that in-cur cleanup costs may seek to recover costs from other responsible parties if the cleanup action was performed in accordance with the NCP. The NCP includes requirements for community participation, which are generally thought to require interaction with members of the public surrounding the site, However, on August 16, 2001, the U.S. Dis-trict Court for the Northern District of Illi-nois, Eastern Division, ruled that state agen-cy involvement in a cleanup action is an adequate substitution for the community relations activities required by the NCP (Nor-folk Southern Railway Company v. Gee Company et al., DocketNumber: 98 C1619).