Are there disincentives for site owners to evade clean up?
A concern is that site owners will view flexible rules for clean- up wastes as a cheap and easy way to deal with manufactured waste subject to RCRA’s strict rules. Such diversions must be prevented; otherwise, the incentives for pollution prevention embedded in the main body of RCRA would be thoroughly compromised. A cut-off date could be used to prevent wastes that ought to have been handled under RCRA’s rules for manufactured waste from entering into the remediation program. A controversial question is what that cut-off date should be: either 1980 when the Superfund law was enacted or some later date that reflects a fair appraisal of when standards for handling remediation wastes were legally established. Rather than getting mired in a debate about dates, the issue could be avoided entirely by simply setting high penalties for evasion. • Are adequate resources available at the level of government responsible for administering the clean-up program? Congress and the states must adequat
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