TIP: Click on subject to list as thread! ANSI
echo: environ
to: JOE PHILLIPS
from: MICHAEL BOWEN
date: 1996-12-08 18:32:00
subject: Question about liability

-=> Quoting Joe Phillips to All <=-
 JP> I worked for a local hardware store for about 9 months before it
 JP> closed.  One  of the thing we did was pump K-1 Kerosene for heating.  A
 JP> lot of kerosene got  spilled over the years, and I am sure there is
 JP> still some in the ground.  My  understanding of EPA regs is that ANY
 JP> owner of that land is responsible for  pollution on the site,
 JP> regardless of any ignorance of the problem.  is this  correct?  Could
 JP> someone buy that shopping center in 20 years and have to clean  up
 JP> where the tank was?  It was an above ground tank, and the location is
 JP> very  conspicous.  The asphalt around/in front of location is stained. 
 JP> I am just  trying to get a feel for how long the long arm of the law is
 JP> in this case. 
 JP> Joe Phillips
 JP> -!- Telegard v3.02
 JP>  ! Origin: The Circle Circus * Dale City, VA * 703-730-3115 (1:265/124)
Yes, I believe you are correct in saying that any future owners are 
responsible for cleaning any pollution on the site.  However, and I am not a 
lawyer, correct me if I am wrong, that would not stop any future owner from 
coming after any back owner or the owner responsbile for the pollution.  
However, if a potential buyer were to consider buying the site, if he was any 
good, on top of paying for the lawyer, he would pay for an engineer's 
inspection, and if there is question of pollution, a pollution testing 
ompany
 (or whatever they are called).  He would also make the sale contingent on 
finding financial approval, approval of a lawyer, and an Engineer's 
inspeciton.
I heard about a place in Niagra Falls New York where they use to make 
airplanes
where the ground is polluted.  The place is practically deserted, and the 
company is making no plans to sell it because that means they would have
to clean it up.
... "Scotty, beam me up another Blue Wave message."
___ Blue Wave/QWK v2.20 [NR]
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* Origin: Enviro-Link BBS, Rochester NY (716) 359-0008 (1:2613/208.0)

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