Good reasons why Clay Peak should be your Community’s Landfill
Latin for "Let the buyer beware." The idea that buyers take responsibility for the condition of the items (or services) they purchase and should examine them before purchase. –Cornell University Law Library (Reference: http://www.law.cornell.edu/lexicon/caveat_emptor.htm)
Can a landfill operator fully accept your county’s long-term liability for your waste buried at the operator’s landfill site? Rumors abound concerning the long-term liability that a business, county or municipal government could face if their sanitary landfill service provider should go bankrupt and not able to meet their obligations for site closure under EPA’s federal CERCLA Program and Idaho Code Title 39, Chapter 74 Idaho Solid Waste Facilities Act. We have been informed that some landfill service providers claim that they can assume any potential “Superfund liability” for waste from your county.
We feel compelled to share with you some important information provided to us by the Office of the Regional Counsel, U.S. Environmental Protection Agency, Region 10, Seattle. In a letter dated February 4, 2003, an EPA attorney states clearly that no one can assume your CERCLA liability for your waste. Any claim to the contrary is simply not in accordance with federal regulations. You retain “Cradle to Grave” liability for your waste even after it is sent to a landfill. In evaluating your choice for landfill services, consider that landfill operators may prudently choose to carry ample liability insurance, but they cannot “accept” your ultimate liability. Under federal statutes, you can still be found to be a Potentially Responsible Party (PRP). It is important to deal only with landfill service providers who have a mature understanding of federal CERCLA liability.