|From:||Lenny Siegel <email@example.com>|
|Date:||Thu, 17 Nov 2011 14:36:53 -0800 (PST)|
|Subject:||[CPEO-BIF] "Continuing Obligations Guide: Another Step Towards Best Practices Managing Residually-Contaminated Properties"|
Continuing Obligations Guide: Another Step Towards Best Practices
Managing Residually- Contaminated Properties
By Robert K. Wenzlau & J. Michael Sowinski Brownfields Renewal web exclusive November 17, 2011The phrase "continuing obligations" owes its origins to U.S. EPA's Common Elements guidance. The EPA guidance summarized post-purchase obligations that must be shown "by a preponderance of the evidence" in order for non-contaminating landowners to successfully assert CERCLA defenses made newly available in the 2002 Brownfields Amendments.
Namely, the Bona Fide Prospective Purchaser Defense, the Contiguous Property Owner Defense, and the Innocent Landowner Defense.
EPA characterized these post-purchase requirements as "continuing obligations." In summary, continuing obligations include:
(1) complying with any land use restrictions;(2) not impeding the effectiveness or integrity of any institutional controls; (3) taking reasonable steps with respect to releases of hazardous substances;
(4) providing full cooperation, assistance and access to persons who are authorized to conduct response actions;
(5) complying with information requests and administrative subpoenas; and
(6) providing legally required notices with respect to releases.For many reasons, the CERCLA defenses, and therefore continuing obligations, are important to brownfield purchasers and other "non- responsible" contaminated property owners. While some fear the prospect of EPA enforcement, the larger concern tends to involve the potential for prior owners to bring private cost recovery actions, using CERCLA or similar state laws against new "non-responsible" owners.
... For the entire article, seehttp://www.brownfieldrenewal.com/news- continuing_obligations_guide__another_step_towards_best_practices_managi ng_residually__contaminated_properties-160.html
-- Lenny Siegel Executive Director, Center for Public Environmental Oversight a project of the Pacific Studies Center 278-A Hope St., Mountain View, CA 94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/961-8918 <firstname.lastname@example.org> http://www.cpeo.org _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org
Prev by Date: [CPEO-BIF] Petroleum Vapor Intrusion Compendium|
Next by Date: [CPEO-BIF] Los Angeles Unified School District
Prev by Thread: [CPEO-BIF] Petroleum Vapor Intrusion Compendium|
Next by Thread: [CPEO-BIF] Los Angeles Unified School District