Fines and penalties could be used by States and localities for any environmental purpose. States also can pursue out-of court monetary settlements, thus reducing costs. The potential to generate considerable revenues from fines and penalties exists. When commingled in State trust fund accounts, revenues will continue to grow and be sufficient to use for infrastructure construction. Interest income is also generated.
Revenue streams are unpredictability and delicate.
Citizen suits have this potential, since nonprofits may recover expenses and legal fees. The costs of documenting enforcement cases and collecting fines are very high, and must be weighed against the likelihood and importance of gaining compliance without fines. Under these contingent liability provisions, all past and present users of sites designated as federal Superfund sites, and many State-designated sites, are liable for damage cost recovery, including abandoned sites. Users, called responsible parties, include waste generators, transporters who select the disposal site, and disposal facility owners and operators. Responsible parties are liable for both clean-up costs and related damage to natural resources.