WY State Brownfields Bill Becomes Law w/o Governor's Signature

[Tony Chenhansa <tonyc@cpeo.org>]

"Brownfields Bill Becomes Law Without Governor's Signature"

Press Release
Office of the Governer Jim Geringer
For Release: March 3, 1999
For the full press release go to:
http://www.state.wy.us/governor/press_releases/1999/march_1999/brown.html

I was unsuccessful in trying to find additional info about the bill
itself. The following is an excerpt of the press release.  The governor
says he cannot give his full support of the bill, which doesn't become
law until July 1, 2001.  The main concern is whether or not the new law
will conflict with federal environmental regulations.  He hopes the
state legislature can address the concerns he has listed before it
becomes law in 2001.

"... My specific areas of concern for the Legislature to consider are as
follows:

Water quality - The protection of groundwater is usually the most
difficult issue at these sites. This issue must be dealt with as a top
priority. Innocent neighbors - While one amendment helped in defining
that an innocent adjacent landowner has certain rights, we have not
fully protected those parties, particularly from migrating
contamination. Specific zoning requirements - While primary authority
resides with local government, the Act should be more specific on zoning
that would protect public health. The Act also lacks an enforcement
mechanism for whatever zoning is adopted. Restrictions on properties
with no responsible party - While the bill protects the innocent owner
from enforcement by DEQ, we must consider restrictions on the use of the
land if it is not cleaned up. For instance, using a site with heavy
metal contamination in the soils for a day care facility would not be
acceptable. State primacy - The innocent landowner provisions must be
consistent with federal requirements for owner liability.

The above are my primary concerns. In addition, the following should
also be considered: Incentives - The Act speaks of incentives. However,
neither DEQ nor the EQC have authority to generate incentives. Any
incentives must be defined in terms of performance and eligibility
expectations. Orphan fund - Determine the feasibility of establishing an
orphan site fund to address those sites with no responsible party.
Definitions - Neither hazardous waste site nor solid waste site is
defined.

I will urge all concerned parties to reach consensus on a remedy for the
above concerns. I trust that my approach will provoke the necessity that
becomes the mother of correction. "

--

[EFFECTIVE IMMEDIATELY: CPEO'S PHONE NUMBER HAS CHANGED
TO 415-405-7751. OUR FAX NUMBER IS STILL THE SAME]

Tony Chenhansa,  Program Coordinator
Center for Public Environmental Oversight (CPEO)
425 Market Street 2nd Floor, San Francisco, CA  94105
ph: 415-405-7751 fx: 415-904-7765
e-mail: tonyc@cpeo.org
http://www.cpeo.org

A program of the San Francisco Urban Institute