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

["Samford, Jerrold" <Jerry.Samford@troutmansanders.com>]

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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