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Superfund

What is Superfund?

In 1980, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund law. The Superfund law created a tax on the chemical and petroleum industries. The tax went into a trust fund to help pay for cleaning up abandoned or uncontrolled waste sites.

The US Environmental Protection Agency (EPA) administers the Superfund trust fund and works closely with state and local governments and tribal groups to remediate sites that may endanger public health or the environment. The contamination at many of these sites was created years ago when environmental regulations were virtually nonexistent and companies dumped or emitted hazardous materials freely into the environment. Years later the threat to humans and the ecosystems remains so great that the sites need to be cleaned up.

Unfortunately, since much of this contamination was caused so many years ago, it can be hard to find the parties responsible, or the parties responsible may be unwilling or unable to pay for the cleanup. In these cases, the Superfund trust fund can be used to pay for most of the cleanup process. States must pay for a portion of such cleanups.

CERCLA also provides EPA with enforcement tools to compel those responsible for causing the contamination to pay for the cleanup including the issuance of administrative orders. If the trust fund is used, then EPA and the state may go to court to recover their expenditures from those who are responsible.

For more information check out: What is Superfund? (PDF, 81KB)

For EPA information please see: This is Superfund (exit DNR).

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The Superfund Process

1. Identification

After EPA or the state conducts a preliminary inspection of the site, the site is assessed and scored for its potential impact on human health and the environment.

2. NPL Placement

If the site poses a serious threat to the community, it is placed on the National Priorities List (NPL), a roster of the nation's worst waste disposal and hazardous substance spill waste sites. At any time during this process, EPA may conduct an emergency response action if the site becomes an immediate threat to public health or the environment.

3. Site Investigation

After the site is placed on the NPL, EPA and/or the state conducts a Remedial Investigation (RI). The RI is conducted to identify the nature and extent of contamination at the site.

4. Feasibility Study (FS)

Based on the results of the RI, the Feasibility Study (FS) then evaluates the alternatives for addressing the contamination.  If potentially responsible parties (PRPs) can be identified and are willing to cooperate with EPA and/or the state, one or more of the PRPs may conduct the RI/FS.  All work done by the PRPs is closely monitored by state and federal agencies.

5. Final Remedy

After all studies are completed and cleanup activities have been identified, the public is given an opportunity to comment on the proposed remedy. This is done through public meetings and a formal public comment period. After reviewing all public comments, EPA and/or the state then chooses the most appropriate remedy for the contaminated site. The selected remedy is then designed and implemented by EPA, the state and/or those responsible for the contamination.

Public Participation/Community Relations

With a Superfund site, the public often participates formally through input at public meetings and/or hearings, or through submitting comments on plans for investigation and cleanup of a site. The public may also be involved through newsletters, door-to-door contact, direct mailings, telephone surveys or interviews with state/federal agency staff, and other means.

During the Superfund process, EPA, a state agency, or those responsible for the contamination create a community relations plan to help ensure that the public's concerns and community needs are met at a site. The plan may include such activities and tools as public information meetings, personal interviews, newsletters and special distribution to local media.

For more information on public participation during the Superfund process, please refer to:

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Frequently Asked Questions

Why is it called Superfund?

The Superfund law, also known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), is a federal law passed by Congress in 1980. Over its first five years, the federal government collected $1.6 billion in taxes from chemical and petroluem companies under CERCLA. This revenue was placed th a trust fund, commonly referred to as Superfund.

Why is there a need for Superfund?

There are many locations around the country where wastes have been improperly disposed or where toxic substances have spilled or leaked. A number of these sites are abandoned, with no one responsible for cleaning up the sites, and cleanup usually requires millions of dollars for each site.

How are Superfund sites found?

Information on contaminated sites comes from many different sources, including private citizens, local governments, and state & federal agencies. [see #1 above, under "The Superfund Process"].

How does the public get involved/provide input in the Superfund Process?

Public input is sought from the beginning of the Superfund process. Initial information may only involve updates on what is happening a the site, such as during the scoring stage.  Later, the public will see documents and be invited to meetings which involve more active public input.

The process of selecting a remedy requires a public comment period. The public comment period is the opportunity for the community to discuss and comment on the RI/FS report and the proposed cleanup before EPA and DNR officials select the final remedy.

More FAQs

For more frequently asked questions check out: What is Superfund? (RR-122) (PDF, 81KB)

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Superfund Sites in Wisconsin

As of October 1, 2006, 37 sites in Wisconsin were on the NPL. Below are two examples of these sites.

Ashland/NSP Lakefront

Located in Ashland, Wisconsin, along the Lake Superior shoreline, the Ashland/NSP Lakefront site was placed on the NPL in 2002, with the DNR initially serving as the lead agency. However, U.S. EPA has assumed the lead role in the investigation and remediation of coal tar wastes at the site. A significant amount of investigation has already been completed. For more information, please see the Ashland/NSP web page.

Better Brite Chrome and Zinc

Located in DePere in northeastern Wisconsin, the Better Brite Chrome and Zinc Superfund site consisted of two properties where chrome and zinc plating operations occurred for many years. After removal of contaminated soils and the demolition and removal of buildings and other contaminated materials, groundwater treatment began and will continue for many years. Total cost of remediation at the site is estimated at $1.4 million, funded jointly by EPA (90 percent) and DNR (10 percent). For more information, please see the Brownfields Environmental Assessment Program (BEAP) web page.

More Information

For more information on Superfund sites in Wisconsin please see:

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Other Superfund Related Sites

There are other Superfund-related sites in Wisconsin where the DNR has taken a lead role. Two of these sites are highlighted below.

Fox River

With the DNR again serving as the lead agency, the Fox River site in northeastern Wisconsin has been proposed for listing on the NPL. While the site has yet to be listed on the NPL, investigation and planning for cleanup of PCB contamination continues. After decades of pollution, primarily from the many paper mills located along it's length, the Fox River today has contaminated water, sediments and wildlife, which also pose a danger to humans. The DNR and EPA released their Records of Decision (RODs) for the Fox River in 2003. For more information on this subject, please see the Fox River web page.

Northwestern Barrel

Located in South Milwaukee in southeastern Wisconsin, Northwestern Barrel was part of EPA’s Superfund removals authority and not on the Superfund NPL. A former barrel reclaiming facility that operated for decades, the Northwestern Barrel site contained hundreds of leaking, contaminated barrels as well as contaminated soil and other debris. The cleanup, conducted by the responsible parties, required the removal of over 170,000 tons of hazardous and non-hazardous soil, barrels and debris by 2000. As of September 1, 2004, they are still working to close the site.

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Environmental Protection Agency (US EPA) Links

All of these links exit the DNR web site:

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For more information on this specific page, contact:

Andrew Savagian

Last Revised: Thursday April 17 2008