The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601) is a Public Law (Pub. L. 96-105, as amended through P.L. 107-377) enacted by Congress in 1980 to facilitate the cleanup of sites where there had been a release or the threat of release of hazardous substances. The law was amended substantially in 1986 with the enactment of the Superfund Amendments and Reauthorization Act (SARA). The primary purpose of SARA is to expedite the pace of CERCLA response actions and cleanups.

Section 104 of CERCLA provides broad federal authority to respond directly to such releases or threat of release of hazardous substances that present “…an imminent and substantial endangerment…” to the public health or welfare or the environment, and to hold liable those parties responsible and to recover response costs from them.

The National Contingency Plan (NCP), CERCLA Section 105, establishes the processes and procedures that must be used by lead agencies in responding to releases of hazardous substances pursuant to CERCLA. The lead agency directs and facilitates activities related to a site, often including enforcement actions. When applying CERCLA authority, the lead agency must follow the requirements of the NCP. When responding to a hazardous substance release, the on-scene coordinator/remedial project manager should follow the processes and procedures of CERCLA and the NCP. Land management agencies, including the DOI, are recognized in 40 CFR 300.5 as the “lead agency” under CERCLA for removal and remedial actions.