Solid and Hazardous Waste Law 347confusing at best. After the 1990 oil spill at Valdez, AK, the Exxon Corporation was
required to provide additional compensation for loss of fisheries.
Statutes at the state level have generally paralleled these federal efforts. New Jersey
has a Spill Compensation and Control Act for hazardous wastes listed by the EPA. The
fund covers cleanup costs, loss of income, loss of tax revenues, and the restoration of
damaged property and natural resources. A tax of 1 C per barrel of hazardous substance
finances a fund that pays injured parties if they file a claim within six years of the
hazardous waste discharge and within one year of the discovery of the damage.
The New York Environmental Protection and Spill Compensation Fund is similar
to the New Jersey fund, but differs in two respects. In New York, only petroleum
discharges are covered, and the generator may not blame a third party for a spill or
discharge incident. Thus, if a trucker or handler accidentally spills hazardous waste,
the generator of the waste may still be held liable for damages.
Other states have limited efforts in the compensation of victims of hazardous waste
incidents. Florida has a Coastal Protection Trust Fund of $35 million that compensates
victims for spills, leaks, and dumping of waste. However, the coverage is limited to
injury resulting from oil, pesticides, ammonia, and chlorine, which provides a loophole
for many types of hazardous waste discussed in Chap. 15. Other states that do have
compensation funds generally spell out limited compensationable injuries and provide
limited funds, often less than $100,000.
In the past, the value of these federal and state statutes has been questioned. Even
when taken as a group, they do not provide for complete compensation strategy for
dealing with hazardous waste. Few funds address personal injuries, and abandoned
disposal sites are not considered. Huge administrative problems also exist as several
agencies attempt to respond to ahazardous waste spill. Questions of which fund applies,
which agency has jurisdiction, and what injuries may receive compensation linger.
In 1980, the federal Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), commonly called “Superfund,” was enacted. Originally,
the Superfund Act was to serve two purposes: to provide money for the cleanup of
abandoned hazardous waste disposal sites, and to establish liability so dischargers
could be required to pay for injuries and damages. Three considerations went into the
development of this act:0 The types of incidents to be covered by Superfund include accidental spills and
abandoned sites as well as on-site toxic pollutants in harbors and rivers. Fires and
explosions caused by hazardous materials are also a focus of this consideration as the
Superfund concept has evolved.
0 The types of damages to be compensated include three categories: environmental
cleanup costs; economic losses associated with property use, income, and tax revenues;
and personal injury in the form of medical costs for acute injuries, chronic illness, death,
and general pain and suffering.
0 The sourres ofpayments for the compensation include federal appropriations into
the fund, industry contributions for sales tax, and income tax surcharges. Federal
and state cost sharing is also possible, as is the establishment of fees for disposal of
hazardous waste at permitted disposal facilities.