Record Display for the EPA National Library Catalog
RECORD NUMBER: 25 OF 195
|OLS Field Name||OLS Field Data|
|Main Title||Guidance on settlements with prospective purchasers of contaminated property|
|Publisher||U.S. Environmental Protection Agency,|
|Subjects||Hazardous waste sites--Law and legislation--United States ; Liability for environmental damages--United States ; Liability for hazardous substances pollution damages--United States|
|Additional Subjects||United States.--Superfund Amendments and Reauthorization Act of 1986|
|Collation||24 p. ; 28 cm.|
This document supersedes EPA's policy on agreements with prospective purchasers of contaminated property as set forth in the June 6, 1989, policy document entitled 'Guidance on Landowner Liability under Section 107(a) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA, and Settlements with Prospective Purchasers of Contaminated Property' (the 1989 guidance : OSWER Dir 9835.9). This revised guidance reflects both Agency experience in implementing the 1989 guidance and changes to that guidance that EPA believes are needed.
During the past several years, EPA has entered into a number of prospective purchaser agreements to enable purchasers to buy contaminated property for cleanup, redevelopment or reuse. The 1989 guidance required EPA to receive substantial benefits in terms of work or reimbursement of response costs that otherwise would not have been available. While some agreements required performance of cleanup work on contaminated parcels prior to their redevelopment, others provided covenants not to sue for purchase of uncontaminated portions of larger Superfund sites. EPA's experience has demonstrated that prospective purchaser agreements might be both appropriate and beneficial in more circumstances than contemplated by the 1989 guidance. The Agency now believes that it may be appropriate to enter into agreements resulting in somewhat reduced benefits to the Agency through cleanup or response costs or in benefits that also may be available from other parties. These agreements in turn should provide substantial benefits to the community through the creation or retention of jobs, productive use of abandoned property, or revitalization of blighted areas.