Failing to diisclose TCE contamination to renters

[Bob Hersh <bhersh@cpeo.org>]

-----------------------------------------------------------
Apply now for a No-Annual-Fee Discover® Platinum Card 
0% Intro APR*, No Annual Fee, Up to 2% Cashback Bonus® 
award* Start Saving Today ? APPLY NOW! It's fast, easy and 
secure. 
http://click.topica.com/caaciqQaVxieRa8xCZRa/Discover Card
-----------------------------------------------------------

Renters living adjacent to a TCE contaminated Superfund site not told of
environmental conditions of the site. 

From The Reporter (Philadelphia, PA)
June 11, 2004
LANSDALE - Contaminated by the former Keystone Hydraulics facility, the
property at 834 W. Third St., Lansdale, is one of nearly two dozen sites
within the North Penn region designated as an EPA Superfund site. 
 
The property is contaminated with trichloroethane, TCE, a metal-cleaning
solvent, at risk of contaminating the groundwater in the area.

That came as a surprise Thursday to Third Street resident Kim Moffit,
who has been living directly across the street from the fenced-in site
since the fall with her three young children.

"I did not know that there was contamination at all," said Moffit,
holding her youngest child as two others scrambled around in her
enclosed front porch. "We rent here, and that definitely would have
influenced my decision to rent here."

The neighborhood is lined with twin homes, and a majority of the
residents rent rather than own their own homes.

Moffit said Swartley Brothers Engineers Inc., which owns Moffit's
property and that of her neighbors, never disclosed the property was
located across the street from the Superfund site, nor was he legally
bound to do so. Bob Swartley declined to comment for this article.

EPA spokesman David Sternberg said state law requires property owners to
disclose any environmental issues to their potential buyers, though
there are no such regulations in place for those who rent homes at or
near contaminated sites.

"I know if you're a prospective purchaser, under state law, you do have
to disclose any pertinent environmental information about the site prior
to a sale," Sternberg said. "There is no Pennsylvania statute that would
require (notification to renters)."

Sternberg said that under tort law, residents could bring suit against
landlords who fail to inform them about contamination if the properties
are serviced by well water rather than public water.

for the entire article, see
http://www.thereporteronline.com/site/news.cfm?newsid=11933701&BRD=2275&;
PAG=461&dept_id=466404&rfi=6

Bob Hersh
Brownfields Program Director
Center for Public Environmental Oversight (CPEO)
1101 Connecticut Ave., NW  Suite 1000
Washington, DC  20036

Tel:     202.452.8043
Fax:    202.452.8095
email:  bhersh@cpeo.org
url:      www.cpeo.org
 

-----------------------------------------------------------
Let University of Phoenix make 2004 your year. Evening, 
weekend or FlexNet® classes ? over 130 locations. Look 
into our programs and get the degree that gets you going!
http://click.topica.com/caaciq1aVxieRa8xCZRf/UOP
-----------------------------------------------------------




~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CPEO: A DECADE OF SUCCESS.  Your generous support will ensure that our 
important work on military and environmental issues will continue.  
Please consider one of our donation options.  Thank you.
http://www.groundspring.org/donate/index.cfm?ID=2086-0|721-0