Accession Number:

ADA289464

Title:

Environmental Cleanup: Defense Indemnification for Contractor Operations.

Descriptive Note:

Corporate Author:

GENERAL ACCOUNTING OFFICE WASHINGTON DC NATIONAL SECURITY AND INTERNATIONAL A FFAIRS DIV

Personal Author(s):

Report Date:

1994-11-25

Pagination or Media Count:

9.0

Abstract:

Public Law 85-804, as implemented, authorizes DoD and other federal agencies to indemnify contractors against losses from unusually hazardous or nuclear risks. The law requires that if any actions are taken under the law, they be reported to Congress annually. Reported actions can include specific contractors claims for costs already incurred or the inclusion of indemnification clauses in contracts to protect DOD contractors from future risks. The Comprehensive Environmental Response and Liability Act CERCLA as amended, commonly known as Superfund 42 U.S.C. 9601-75, imposes liability for cleanup, on a variety of potentially responsible parties, including owners, facility operators, and generators of hazardous substances. Under CERCLA, DoD is included among parties responsible for environmental cleanup of its facilities. If DoD pays cleaup costs related to a contractors activities, the contractor remains a potentially responsible party under CERLCLA, and DoD could seek reimbursement or possible contribution from the contractor or its insurer.

Descriptors:

• *ENVIRONMENTAL MANAGEMENT
• *HAZARDOUS WASTES
• *INSTALLATION RESTORATION
• DEPARTMENT OF DEFENSE
• MILITARY FACILITIES
• COST ANALYSIS
• CONTRACTORS
• POLLUTION ABATEMENT
• KENTUCKY
• ENVIRONMENTAL PROTECTION
• EXPLOSIVE ORDNANCE DISPOSAL
• WISCONSIN

Subject Categories:

• Logistics, Military Facilities and Supplies
• Solid Wastes and Pollution and Control

Distribution Statement:

APPROVED FOR PUBLIC RELEASE