Despite its name, the Superfund Trust Fund lacked sufficient funds to clean up even a small number of sites on the NPL. As a result, EPA generally negotiates consent orders with PRPs to investigate sites and develop alternatives to remediation, subject to EPA oversight and approval of all of these activities. EPA then publishes a proposed corrective action for a site, on which it makes public comments, after which it makes a remediation decision in a Record of Decision (ROD). RODs are typically implemented under consent orders through PRPs or unilateral orders when consent cannot be obtained.  If a party fails to comply with such an order, it may be fined up to $37,500 for each day the non-compliance continues. A party spending money to clean up a website may sue other PRPs as part of a contribution lawsuit under CERCLA.  CERCLA`s liability has generally been established by the courts as being jointly and severally liable under PRPs to the government for clean-up costs (i.e., each RPP is hypothetically liable for all contributory costs), but CERCLA`s liability is attributable to PRPs in the contribution on the basis of a settlement error. An “orphan share” is the sharing of costs on a Superfund site that is due to an unidentifiable or insolvent GWP.  EPA seeks to treat all GWPs fairly and equitably. Budget cuts and constraints can make it more difficult to treat PRPs more fairly.
[ref.  Federal actions to address the disproportionate health and environmental inequalities faced by minorities and low-income populations through E.O. 12898 have required federal agencies to place environmental justice at the center of their programs and policies.  Superfund sites have been shown to have the greatest impact on minority communities.  Despite legislation specifically aimed at ensuring fairness in superfund listings, marginalized populations are still less likely to succeed in registration and clean-up than high-income areas. After the decree was enacted, there remained a gap between the demographics of communities living near toxic waste dumps and their listing as Superfund sites that would otherwise grant them government-funded clean-up projects. It was found that communities with both minority and low-income populations increased their chances of listing sites under the OIC, while on the other hand, increased revenues increased the chances of listing websites.  Of the population living within 1 mile of a Superfund site, 44% are minorities, although they represent only about 37% of the country`s population. While simple and relatively simple sites have been cleaned up, EPA now deals with a residual number of difficult and massive sites such as large-scale mining and sedimentary sites, tying up a significant amount of funding. Although the federal government has set aside funds for the rehabilitation of federal facilities, this clean-up is progressing much more slowly. The delay is due to a number of reasons, including the EPA`s limited ability to demand performance, the Department of Energy`s difficulty in managing radioactive waste, and the large number of federal facilities.
 Toxic materials are toxic by-products of industries such as manufacturing, agriculture, construction, automotive, laboratories, and hospitals that may contain heavy metals, radiation, dangerous pathogens, or other toxins. Toxic waste has become more common since the Industrial Revolution, causing serious global problems. The disposal of this waste has become even more important with the many technological advances containing toxic chemical components. Products such as mobile phones, computers, televisions and solar panels contain toxic chemicals that can harm the environment if not disposed of properly to prevent air pollution and soil and water contamination. A material is considered toxic if it causes death or damage by being inhaled, swallowed or absorbed through the skin. In 1978, residents of the rural black community of Triana, Alabama, were contaminated with DDT and PCBs, some of which had the highest levels of DDT ever recorded in human history.  DDT was found in high concentrations in Indian Creek, on which many residents depended for the food fishery. Although this major threat to the health of Triana residents was discovered in 1978, the federal government did not act until 5 years later, after the mayor of Triana filed a class action lawsuit in 1980. In 1976, two Niagara Falls Gazette journalists, David Pollak and David Russell, tested several sump pumps near Love Canal and found toxic chemicals inside.