Using CERCLA to Clean Up Groundwater Contaminated Through the Normal Use of Pesticides
Editors' Summary: In October 1984, EPA proposed listing on the National Priorities List six groundwater sites on the Hawaiian island of Oahu. Those sites are the first to involve contamination by intentionally and legally applied pesticides. EPA's proposal to use CERCLA to respond to that contamination has caused a great deal of controversy, from an exchange of letters between Congressman Florio and EPA Administrator Thomas to submission of CERCLA amendments by the Administration that would explicitly exempt pesticide contamination from the statute's coverage. The author gives an overview of the problem, examines the statute for authority to respond to this sort of contamination, and briefly considers whether Congress should amend the statute to address the issue. He concludes that there is no compelling reason in law or policy for EPA to decline to exercise authority over the sites or for Congress to remove that authority; in fact, he argues, Congress would be better advised to broaden the liability provisions so that pesticide manufacturers could be more clearly held liable for this sort of contamination.