Re: LAND USE AND CLEANUP STANDARDS

[Nick Morgan <nmorgan@igc.org>]

Posting from "Nick Morgan" <nmorgan>

Lenny - you may want to look into the State of New Jersey "EPCRA"(?) 
law. It has been on the books for years. While I do not know the 
specifics, it does require a comprehensive assessment and a state 
approved cleanup prior to any sales or transfers of land. That law 
is weak in many respects - but has some good strengths:

WEAKNESSES:
1) Land can be transfered with only a state approved plan in place - 
not necessary to conduct cleanup.
2) Cleanup is often to industrial standards.
3) Liability is transfered (as I understand the law) at the time of 
land transfer.
4) State has to review and approve so many plans that is does not 
implement the law effectively.

STRENGTHS:
1) Law shows that the industrial sector can cope with a law requiring 
identification and cleanup of hazardous wastes, as is required of 
Federal facilities, as is required under CERCLA 120H.
2) Eliminates the "imequity" of CERCLA 120h only applying to Federal 
sites.
3) Law ultimately builds financial institution confidence in 
mortgages as there are far fewer surprises at covered sites.

I don't know the current status of the law, or what other 
state intiatives there are in this area - but it may be useful to ask someone 
from NAAG, NGA, or the Western Govenors Association about their 
experiences.