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Statute of Limitations Considerations

  • Section 113(g)(1)(A) of CERCLA:

    • Claims must be brought within 3 years of the date of discovery of the loss and its connection with the release

    • For NPL sites, claims must be brought within 3 years of completion of the remedial action

  • If the statute of limitations is threatened by delays-a tolling agreement with the responsible party may be sought

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