Chapter 5: Hazardous Substances and Waste Disposal
This chapter focuses on how releases of certain categories of pollutants onto the land (and the resulting impacts to other environmental media) are regulated. However, it is important to note that the Colorado and federal laws on this subject go well beyond establishing disposal permitting and enforcement programs. They also regulate the handling, storage, transportation, and cleanup of the substances and wastes at issue, and establish categories of responsible persons who may be held liable.
This chapter outlines the two most important federal statutes concerning hazardous substances—the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).
§ 5.1 Introduction
§ 5.2 Resource Conservation and Recovery Act (RCRA)
§ 5.2.1 Goals
§ 5.2.2 Definitions of Solid and Hazardous Waste
Statutory Definitions
Regulatory Definitions
§ 5.2.3 Generator Regulations
Large Quantity Generators
Small Quantity Generators
Conditionally Exempt SQGs
§ 5.2.4 Regulation of Transporters
§ 5.2.5 Regulation of Treatment, Storage or Disposal Facilities
§ 5.2.6 Corrective Action
§ 5.2.7 Land Disposal Restrictions
§ 5.2.8 Enforcement
§ 5.3 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”)
§ 5.3.1 Definitions
§ 5.3.2 Potentially Responsible Parties
§ 5.3.3 CERCLA Liability
Strict Liability
Joint and Several Liability
Retroactive Liability
§ 5.3.4 CERCLA Defenses
Act of God
Act of War
Act of a Third Party
§ 5.3.5 CERCLA Enforcement Provisions
§ 5.3.6 Spill Reporting
§ 5.3.7 Response Actions
§ 5.3.8 CERCLA Remedial Action Terminology
§ 5.3.9 Natural Resource Damages
Natural Resource Trustees
Natural Resource Damage Assessments and Restorations
§ 5.4 Colorado Pollution Prevention Act
NORMAN W. HIGLEY, ESQ.
Norman Higley, P.C.
Norm Higley has worked in the environmental and natural resources field since the mid-1980s. He has an undergraduate degree in geology and a law degree, both from the University of Nebraska. He worked as an environmental geologist and served as in-house environmental counsel for an engineering consulting firm for several years before entering private legal practice. He also previously worked as a geologist with the U.S. Geologic Survey-Water Resources Division and the Nebraska Department of Environmental Quality. Mr. Higley taught a graduate level course in environmental law at the University of Denver and was a member of the Colorado Hazardous Waste Commission. Mr. Higley is currently a solo practice environmental attorney and represents a broad range of clients in environmental matters and related litigation.
