[CPEO-BIF] "Continuing Obligations Guide: Another Step Towards Best Practices Managing Residually-Contaminated Properties"

[Lenny Siegel <lsiegel@cpeo.org>]

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, 2011

The 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, see
http://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
<lsiegel@cpeo.org>
http://www.cpeo.org

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