An obligating event has occurred if the government: * Is compelled to take remediation action because pollution creates an imminent endangerment to public health or welfare or the environment, leaving it little or no discretion to avoid remediation action; * Is in violation of a pollution prevention-related permit or license; * Is named, or evidence indicates that it will be named, by a regulator as a responsible party or potentially responsible party for remediation, or as a government responsible for sharing costs; * Is named, or evidence indicates that it will be named, in a lawsuit to compel the government to participate in remediation; or * Commences, or legally obligates itself to commence, cleanup activities or monitoring or operation and maintenance of the remediation effort.
An exception to the reporting requirement is allowed when the responsible party isolates any adulterated food and destroys it before it leaves the party's facility.
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2005) ("The present statutory arrangement resulting from the combined authority of [Aviall and earlier courts of appeals cases] compels a responsible party engaged in voluntary remediation to foot the bill for other parties, which will have the effect of encouraging responsible parties to rest on their heels and wait for the instigation of adverse proceedings, rather than implement a cost-effective environmental contamination response strategy.
As a supplement to this "polluter pays" approach, a federal Oil Spill Liability Trust Fund administered by the Coast Guard pays for costs when a responsible party does not or cannot pay.
