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Superfund & Toxic Sites: Hazardous Waste Exposure Claims

EPA maintains 1,335 Superfund sites—toxic waste dumps where polluters are strictly liable for cleanup and health damages. If you bought property near one, someone owes you money.

1,335
Active Superfund Sites (EPA NPL)
$55K/day
EPA Fine for Non-Compliance
100%
Polluter Liability (Strict Liability)
$1B+
Typical Superfund Cleanup Cost

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⚠️ Superfund claims invoke strict liability—polluter pays regardless of fault. Property contamination requires professional testing. Consult environmental attorney for site-specific case evaluation.

What Qualifies as a Superfund Site Claim

CERCLA (Superfund Act) imposes strict, joint, and several liability on polluters. Translation: If toxic waste is on your property, someone has to pay for cleanup—and that someone is the company that dumped it, not you. Even if dumping happened 50 years ago. Even if it was legal then. Even if the company is bankrupt (EPA maintains Superfund trust to pay).

EPA's National Priorities List (NPL) identifies 1,335 worst sites. But 40,000+ contaminated sites exist nationwide not on NPL. If you discover hazardous waste on or near your property: (1) Report to EPA immediately, (2) Get soil/groundwater testing from certified lab, (3) Don't touch anything (liability issues if you disturb waste), (4) Consult attorney about responsible party identification.

Key rights: Polluter liable for all cleanup costs + health damages + property devaluation. You don't pay for cleanup. If multiple polluters, each liable for 100% (joint and several)—EPA collects from whoever it can find, they fight among themselves. If polluter is defunct, Superfund trust pays (though reimbursement is slower).

Types of Superfund Claims

  • Property contamination: Toxic waste on your land (buried drums, soil contamination)
  • Health damages: Cancer, birth defects, neurological disease from exposure
  • Property devaluation: Home value crashed when contamination discovered
  • Cleanup cost recovery: If you paid for testing or remediation, sue for reimbursement
  • Relocation expenses: Moving costs if property uninhabitable
  • Medical monitoring: Ongoing cancer screening for exposed populations

Your CERCLA Rights

  • Polluter strictly liable—no need to prove negligence or intent
  • Right to petition EPA for site investigation and NPL listing
  • Right to sue responsible parties directly for cleanup costs
  • Right to contribution if you're forced to pay (sue other polluters)
  • Right to challenge EPA cleanup decisions (inadequate remediation)
  • Right to natural resource damages (if contamination harms public lands/waters)

Who Can File Superfund Claims

Property owners, residents, and anyone exposed to toxic waste can sue responsible parties.

Documented Contamination

Professional soil/groundwater testing showing hazardous substances above safe levels
EPA site assessment confirming contamination
Historical records of industrial operations or waste disposal
Chain of title showing when contamination occurred vs. when you bought property

Identifiable Responsible Parties

Current or past property owners who dumped/stored waste
Companies that generated the waste (even if transported by others)
Transporters who arranged for waste disposal
Operators of disposal facilities (even if licensed at the time)

Proof of Damages

Property appraisal showing value loss due to contamination
Cleanup cost estimates from environmental consultants
Medical records linking health problems to toxic exposure
Relocation expenses if property uninhabitable

No Contribution to Contamination

Innocent landowner defense: Bought property after contamination occurred
Due diligence: Conducted Phase I environmental assessment before purchase
Bona fide prospective purchaser: Knew of contamination but didn't cause it
Contiguous property owner: Contamination migrated from neighboring site
If you contributed to contamination, you're a responsible party (can still sue others for contribution)

Innocent Landowner Defense

If you bought contaminated property without knowing, you're not liable for cleanup—but you can sue seller and original polluters. Defense requires: (1) Phase I environmental site assessment before purchase, (2) No reason to know of contamination, (3) Took reasonable steps to stop ongoing releases.

Even if contamination was disclosed, you can sue for: (1) Fraudulent misrepresentation if seller lied about extent, (2) Breach of warranty if property worthless, (3) Cost recovery against original polluters. Superfund liability is retroactive—companies can't escape by saying "it was legal when we dumped it."

What Superfund Claims Pay

Cleanup costs ($1M-$100M+), property devaluation (30-70%), health damages ($100K-$2M), relocation expenses.

Property Devaluation

$50,000 - $500,000

Home value loss when contamination discovered. Typical: 30-70% devaluation depending on contamination severity. Some properties become worthless (total loss). Appraisal required showing value before/after discovery.

Health Damages

$100,000 - $2M+

Cancer, birth defects, neurological damage from toxic exposure. Includes medical costs, lost wages, pain/suffering. Requires expert testimony linking exposure to illness. Latency period (10-30 years) complicates causation.

Cleanup Cost Recovery

$1M - $100M+

If you paid for soil remediation, groundwater treatment, or demolition, sue responsible parties for full reimbursement. EPA average cleanup: $29 million per site. Residential cleanups: $500K-$5M. Industrial sites: $10M-$100M+.

Additional Recoverable Damages

  • Relocation costs: Moving expenses if property uninhabitable
  • Temporary housing: Hotel/rental costs during cleanup
  • Medical monitoring: Ongoing cancer screening for exposed residents
  • Loss of use: Property unusable during remediation (years)
  • Stigma damages: Lingering property devaluation after cleanup ("Superfund property")

How to File Superfund Claims

Report to EPA, get professional testing, identify polluters, sue for cost recovery and damages.

1
Report Contamination to EPA

EPA investigates and may add site to NPL (triggers federal cleanup funding).

  • Call EPA Regional Office or use online reporting: epa.gov/superfund
  • Provide evidence: Photos, soil samples, historical records of industrial use
  • EPA conducts preliminary assessment (6-12 months)
  • If severe, site added to NPL (National Priorities List)
  • Reporting doesn't mean you pay for cleanup—responsible parties do

2
Get Professional Environmental Testing

Phase II site assessment by licensed environmental consultant.

  • Hire EPA-certified lab for soil/groundwater sampling ($5K-$20K)
  • Test for RCRA hazardous wastes: heavy metals, VOCs, PCBs, pesticides
  • Document chain of custody (samples must be forensically defensible)
  • Get written report with contamination levels vs. EPA safe limits
  • Keep all receipts—sue responsible parties for reimbursement

3
Identify Responsible Parties

CERCLA defines four categories of liable parties.

  • Current owners/operators of facility (even if didn't cause contamination)
  • Past owners/operators at time of disposal
  • Waste generators (companies that produced the toxic waste)
  • Transporters who arranged disposal
  • Use EPA CERCLIS database to see who EPA is targeting
  • Hire attorney to research corporate successors (mergers, bankruptcies)

4
File Cost Recovery Lawsuit

Sue responsible parties to recover cleanup costs and damages.

  • CERCLA §107: Sue for past costs already incurred (cleanup, testing, health)
  • CERCLA §113: Sue for contribution if multiple parties liable
  • Strict liability: Don't need to prove negligence, just causation
  • Joint and several: Can sue any one defendant for 100% of damages
  • They fight among themselves over allocation—not your problem
  • Attorney fees: Generally not recoverable in CERCLA suits (pay your own)

5
Pursue State Law Claims

Supplement CERCLA with state tort claims for additional damages.

  • Nuisance: Contamination interferes with property use
  • Trespass: Pollutants migrated onto your land
  • Negligence: Defendant failed to use reasonable care in waste disposal
  • Strict liability for ultrahazardous activities
  • Fraudulent concealment if seller hid contamination
  • State claims allow punitive damages (CERCLA doesn't)

Pro Tips for Superfund Claims

  • Document everything before cleanup starts—photos, testing, property value
  • Don't pay for cleanup yourself unless emergency—sue for cost recovery first
  • Join with neighbors for class action (many Superfund sites affect entire neighborhoods)
  • Innocent landowner defense requires Phase I assessment before you bought
  • EPA cleanup is free but slow (decades). Private cleanup is fast but expensive—your call

Statute of Limitations by State

CERCLA cost recovery: 3 years from completion of removal action or 6 years from initiation of remedial action. Personal injury: 2-6 years from discovery.

Federal (CERCLA)

3-6 years for cost recovery

CERCLA §113: 3 years after completion of removal action, OR 6 years from start of remedial action. Personal injury: State statute applies.

California

2 years personal injury

Discovery rule: Clock starts when plaintiff discovers contamination and resulting harm. Fraudulent concealment can extend statute.

New Jersey

2 years toxic tort

Shortest statute for environmental claims. Clock starts at discovery of injury and its cause. Strict enforcement—miss deadline, case dismissed.

Texas

2 years from discovery

Discovery rule applies. For latent diseases (cancer from Superfund exposure), statute starts when doctor links illness to site.

New York

3 years personal injury

Continuous exposure: Each day of exposure restarts statute. Property damage: 3 years from when damage occurred or should have been discovered.

Pennsylvania

2 years from discovery

Discovery rule for latent diseases. Property devaluation: Statute starts when contamination discovered, not when it occurred.

⚠️ File EPA petition immediately when contamination discovered—doesn't start statute but creates record. For cost recovery, statute starts AFTER cleanup completed (perverse incentive: Don't clean up until you sue).

💡 Superfund sites take decades to clean up. File cost recovery lawsuit early to preserve claims. Personal injury: Statute may not start until disease manifests (10-30 years after exposure).

Superfund Claims FAQ

Common questions about toxic waste exposure and CERCLA liability

What exactly is a Superfund site?

How do I find Superfund sites near me?

What health effects are linked to Superfund sites?

How do Superfund sites affect property values?

What is the EPA cleanup process?

Who is liable for Superfund cleanup costs?

Am I liable for cleanup if I bought contaminated property?

Can I sue previous owners who sold me contaminated property?

Are there class action lawsuits for Superfund sites?

Can I get compensation for testing my well water?

What if I need to relocate due to contamination?

Can I get medical monitoring even if I'm not sick yet?

How do I find out who dumped the toxic waste?

Does homeowners insurance cover Superfund contamination?

What if the company that dumped the waste is bankrupt?

How long does Superfund cleanup take?

What are statute of limitations for Superfund claims?

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Superfund & Toxic Sites: Hazardous Waste Exposure Claims