Response on Mather Early Transfer Proposal

[Lenny Siegel <lsiegel@igc.org>]

An issue which should be addressed in the transfer document 
involves remedy selection after transfer. The deed should specifically 
state that institutional controls are not an option, because the United 
States will not have title. Therefore, removal or on-site treatment will 
be the only permissible remedies, even if there is discovery of 
contamination between the date of 334 transfer and the date of the final 
covenant. By requiring this as a limitation on the US, you protect the 
financial investment in future use, because any other remedy would 
constitute a compensable taking under the 5th Amendment.

Barry Steinberg
<kutak_r@ix.netcom.com>