More importantly, the Superfund Law has broken the principle that the law circle, academic circle and judicial circle have remained unchanged for many years: the law is not retroactive. Jia feng said. He said that according to the Super Fund Law, even if many previous pollution behaviors were legal at that time, they should bear the legal responsibility for pollutant cleaning or environmental restoration according to law; The responsible persons are infinitely connected, and only one or several potential responsible persons with strong strength can be sued for recourse.
But what if the responsible party cannot or refuses to bear the relevant expenses? The Superfund Law has specially set up a Superfund for this purpose. When the potential responsible person is uncertain, unable or refuses to bear the cleaning cost, the super fund can be used to pay the cleaning cost. At the same time, the Superfund Law gives the Environmental Protection Agency "absolute" power, authorizing it to urge potential responsible parties to carry out site restoration actions in a timely manner, with indefinite retrospective rights. At the same time, the Environmental Protection Agency may also require any party to bear full liability for pollution.