Under what circumstances can a person be held liable under Superfund?

The correct answer highlights that liability under the Superfund law, officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), can arise if an individual or entity is classified as a generator, transporter, or owner/operator at the time of hazardous waste disposal. This is significant because Superfund aims to ensure that parties responsible for contaminating the environment are held accountable for cleanup costs and related damages.

Generators are those who create waste, transporters move the waste, and owner/operators are individuals or entities that have control over the site where the disposal occurs. This framework is designed to facilitate environmental remediation by ensuring that those involved in the lifecycle of hazardous materials contribute to the costs of addressing the pollution they helped create or manage.

In contrast, while having connections to a hazardous waste site can raise concerns, being merely connected or associated with a site does not necessarily confer liability under Superfund. Similarly, simply living in a community near a contaminated site does not impose responsibility for the cleanup costs. Direct causation is essential but not the only criterion; therefore, identifying the roles of generators, transporters, and owners/operators is critical for establishing liability under Superfund.