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As noted, RCRA claims depend upon an imminent and substantial endangerment to health or the environment. This entails a showing of threat, and may be shown even 1fthe impact will not be felt until later. The Eighth Circuit Court of Appeals has said that RCRA is limited to situations in which the potential for harm is great, but this is a fact - specific analysis that leaves room for interpretation. If remedies have already been performed, RCRA. injunctions are generally not available and prior costs cannot be recovered. Conversely, in at least one Seventh. Circuit case, a claim for an injunction. under RCRA failed where the risk of off-site contamination would. not materialize unless or until excavation was performed and there was no showing that the excavation was imminent. Remedies under RCRA can be any form of injunctive relief necessary to prevent ongoing releases. RCRA remedies may not support clean-up of the offending site itself. RCRA can reach any type of hazard-ous waste and there is no petroleum exclusion under Before a citizen or any other person, such a s the City) may bring a RCRA action, notice must be given to the EPA, the state and the alleged. violator. RCRA actions will not be allowed to proceed. if there is already a response action underway at the instigation of the federal. or state authorities. RCRA allows the recovery of attorneys' fees or other costs to the prevailing party. CRCLA Under the Comprehensive Environmental Response, Compensation and Liability Act ("'CERCLA"), 42 U. S.C. §§ 9601 to 9675, the City can pursue a cost recovery claim against owners, operators or transporters who are responsible for sites or facilities from which there is a release, or a threatened release, which causes the incurrence of response costs for a hazardous substance. The cost recovery statute is set forth at 42 J.S.C. § 9607, The plaintiff can recover any "necessary costs of response ... consistent with the national contingency plan.. "' C RC A claims are available for "hazardous substances," which are defined somewhat differently than RC A' "hazardous wastes.'" In some respects,. C RCLA" s. reach is broader than RCRA's but in other respects C RCLA is. more limited.. A significant difference is that C RCLA sloes not reach' petroleum. spills. In contrast to RCRA, which is primarily a preventative statue, CERCLA is designed to address situations in which harm has already occurred in addition to preventing threats. The remedy in CERCLA is the first instance, cost recovery. This means that parties seek to recover sums that have already been expended on the recovery. However, . courts have also coupled cost recovery awards with additional relief such declaratory relief and injunctions addressing. ongoing or future obligations. C RCLA does not allow recovery ofattorneys' fees for the prosecution of cost recovery claims (although fees can be recovered if incurred as part of the response action itself). Private cost recovery (including claims by parties such as the City) depend upon a showing that the sums expended were necessary and. consistent with the National Contingency plan "'NCP "' . 2