Re: [CPEO-BIF] When. where, and how? - continuing the debate

["Schnapf, Lawrence" <Lawrence.Schnapf@srz.com>]

Some states may limit eligibility to sites that do not fall into a
remedial program but that does not have to be the model. I think it
should depend on whether you walk into the door of the regulator or they
walk into your door with an order.

larry
-----Original Message-----
From: Samford, Jerrold [mailto:Jerry.Samford@troutmansanders.com] 
Sent: Tuesday, April 28, 2009 11:55 AM
To: Schnapf, Lawrence; Walsh, William; lsiegel@cpeo.org; Bruce-Sean
Reshen
Cc: Brownfields Internet Forum
Subject: RE: [CPEO-BIF] When. where, and how? - continuing the debate

In Virginia, you become eligible for the voluntary cleanup program when
the regulatory agency determines you are not subject to a regulatory
requirement to remediate contamination identified on your property.
Where do we cross the line from being truly "voluntary" to telling an
owner/developer/responsible party how "voluntary" he has to be?? Seems a
bit inconsistent philosophically, doesn't it?

Jerry.

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-----Original Message-----
From: brownfields-bounces@lists.cpeo.org
[mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Schnapf,
Lawrence
Sent: Tuesday, April 28, 2009 11:41 AM
To: Walsh, William; lsiegel@cpeo.org; Bruce-Sean Reshen
Cc: Brownfields Internet Forum
Subject: Re: [CPEO-BIF] When. where, and how? - continuing the debate


The key statement in William Walsh's email is the following:

"I believe that voluntary clean up programs if properly overseen will
result in more expeditious cleanup, less costly clean up, without the
cleanup being inadequate (or secret)"

I agree with that statement. The critical question to me is how best can
we accomplish or incentivize that outcome. We have seen that the market
cannot discipline itself and will unleash the "animal spirits" if not
properly regulated. Without proper controls, there's just the law of the
jungle because there is greed. Greed has to be tempered by fear and
regulation. I think we need to move back towards more oversight. That
does not mean telling developers how many holes to dig or where to dig
them but to make sure that sites are properly characterized and
remediated.

Larry



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