TIP: Click on subject to list as thread! ANSI
echo: environ
to: JOE PHILLIPS
from: JAIME S. LAZARUS
date: 1996-12-12 17:30:00
subject: Question about liability and pollution

Joe,
You bet your sweet...  Even Native Americans can be held responsible for 
cleanups if the present owner can prove who owned the land at which time (I 
know, it wasn't customary for Native Americans to "own" land, just making a 
point).  ANYONE, seems even the owners before the land was contaminated, can 
be held responsible to share the costs of clean-up.  At least, this is my 
understanding...
I am not an expert on law, I mearly own and operate a buisness which has, in 
recent years, come under extereme scrutiny because of the high *POTENTIAL* of 
a hazardous waste contamination (and, because, in the past, similar owners 
were not too concerned for our environment).  I have attended numerous 
seminars put on by the Florida Department of Environmental Protection, even 
when they were the DER (Department of environmental Regulation).  I believe 
educating oneself before an economically crippling situation has the chance 
to develope is wise, therefore I have not purchassed property to operate my 
garage.  This does not guarantee I will not, at some time in the future, be 
dragged into an environmental clean up lawsuit, but my chances of that 
happening are greatly reduced.
> I worked for a local hardware store for about 9 months before it closed.  > 
One of the thing we did was pump K-1 Kerosene for heating.  A lot of > 
kerosene got spilled over the years, and I am sure there is still some in > 
the ground.
A lot of what has spilled has evaporated and been washed away by rainfall 
(oil floats on water).
If you are considering a (retaliatory) "turning-in" of the owner (I don't 
know you are) remember you may be "dragged-in" as well...  The owner may say 
"I tried to stop this person from dumping the Kerosene on the ground..." and 
it would be your word vs his.
Hope your question is answered, if not I can supply phone #s to DEP in 
Orlando,Jacksonville & Tallahassee...  They can surely answer them.
Jaime  AKA... Sixtynyn@Juno.com
--- Maximus 3.01
---------------
* Origin: Sherwood Forest (1:365/200)

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