I recall that the FUDS
program paid for the relocation of a high school in Ohio. The high
school was located on land of a former defense site, and there was an
apparent high incidence of cancer among recent graduates of the
school. The Department determined that CERCLA provided adequate
authority for it to pay for the relocation of the school -- see the
definition of "remedy" or "remedial action" at section 101(24) ( ...
The term includes the costs of permanent relocation of residents and
businesses and community facilities where the President determines
that, alone or in combination with other measures, such relocation is
more cost-effective than and environmentally preferable to" other
measures), but Congress in its wisdom amended DERP to provide specific
authority to spend funds to relocate facilities. 10 USC
2703(b)(1)(B). Problem is that this authority is limited to cases
where the facility is located on DoD land or on former DoD land; it
does not extend to situations you specifically asked about -- where the
facility to be relocated is adjacent to DoD lands. Further, the
authority provided by this section expired on September 30, 2003 -- it
might have been extended; I just don't know. Congress managed to
convert what had been clear into a confusing mess; for example, did
2703(b)(1)(B) limit DoD's authority under CERCLA, or did it simply
provide an additional source of authority? If the DERP provision
limited DoD's authority, did DoD's authority arise from the ashes when
the authority of the DERP provision expired (if it has in fact
expired), or is DoD left with no authority?
The DERP provision did not apply to DOE, so I am not aware of any
limitation on DOE's authority to take remedial action (which authority
includes paying for permanent relocation).
Robert Taylor (no relation to Steve)
Steve Taylor wrote on 2/13/04, 3:51 PM:
Hello all -
I'm interested in whether anyone knows of an
instance in which neighbors of DOD or DOE sites whose property had been
contaminated by the site were bought out? In other words - any instance
in which the DOD or DOE bought houses or other private property that it
had contaminated.
Steve Taylor
National Organizer
Military Toxics Project
207-783-5091 (phone)
www.miltoxproj.org
"Networking for Environmental Justice"
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