National Contingency Plan

National Contingency Plan in the United States

National Contingency Plan (NCP) in Environmental Law

The regulations created by the Environmental Protection Agency (EPA) under the Clean Water Act to deal with the cleanup of releases of hazardous substances and oil to water. When the Superfund law (the Comprehensive Environmental Response, Compensation, and Liability Act) was

enacted in 1980, hazardous substance releases to air and land were added to the plan.

The National Contingency Plan is a comprehensive set of regulations that covers emergency planning, establishes response teams, and provides for obtaining and maintaining response equipment. However, it goes beyond emergency response; it is the blueprint for long-term cleanup of hazardous waste sites.

Superfund spelled out the types of issues the EPA had to deal with in the National Contingency Plan: methods of responding to releases, gathering information, and evaluating risks. The EPA was also required to devise a way to learn about releases and potential for future releases. Whenever a Superfund site is recognized as such, all parties involved in the cleanup, including the potentially responsible parties, federal and state governments, and persons who voluntarily undertake the work, are required to follow the National Contingency Plan. Failure to follow the NCP results in loss of the opportunity to get other responsible parties to pay their share of expenses. See also contribution rights; remedial design/remedial action; remedial investigation/feasibility study.
Based on “Environment and the Law. A Dictionary”.

National Contingency Plan: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about National Contingency Plan. This part provides references, in relation to National Contingency Plan, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about National Contingency Plan by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about National Contingency Plan and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about National Contingency Plan or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to National Contingency Plan and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting National Contingency Plan. Finding these decisions can be challenging. In many cases, researchers about National Contingency Plan should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to National Contingency Plan when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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