From: | "Schnapf, Lawrence" <Lawrence.Schnapf@srz.com> |
Date: | Tue, 28 Apr 2009 09:42:14 -0700 (PDT) |
Reply: | cpeo-brownfields |
Subject: | Re: [CPEO-BIF] When. where, and how? - continuing the debate |
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. -------------------------------------------- W. Jerrold Samford, P.G. Environmental Compliance Specialist Troutman Sanders, LLP 1001 Haxall Point Richmond, Virginia 23219 (804) 697-2225 (direct) (804) 698-6451 (fax) ~~~~~~~ Effective January 2009, Troutman Sanders will operate offices in Chicago, San Diego and Orange County, as well as have an expanded presence in Washington, DC as part of the addition of Ross, Dixon, and Bell LLP. Learn more at www.troutmansanders.com ~~~~~~~~~~~ This e-mail message and its attachments are for the sole use of the designated recipient(s). If you are not a designated recipient of this message, please notify the sender by replying to this message and delete or destroy all copies of this message and attachments. -----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 ************************************************************************ ***** U.S. Treasury Circular 230 Notice: Any U.S. federal tax advice included in this communication was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal tax penalties. ************************************************************************ ***** NOTICE This e-mail message is intended only for the named recipient(s) above. It may contain confidential information that is privileged or that constitutes attorney work product. 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Thank you. ======================================================================== ====== _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice that may be contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction(s) or tax-related matter(s) that may be addressed herein. This e-mail communication (including any attachments) may contain legally privileged and confidential information intended solely for the use of the intended recipient. If you are not the intended recipient, you should immediately stop reading this message and delete it from your system. Any unauthorized reading, distribution, copying or other use of this communication (or its attachments) is strictly prohibited. ***************************************************************************** U.S. Treasury Circular 230 Notice: Any U.S. federal tax advice included in this communication was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal tax penalties. ***************************************************************************** NOTICE This e-mail message is intended only for the named recipient(s) above. It may contain confidential information that is privileged or that constitutes attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachment(s) is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by replying to this e-mail and delete the message and any attachment(s) from your system. Thank you. ============================================================================== _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org | |
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