CHAPTER 11 CONGRATULATIONS, YOU'RE A PRP! RESPONDING TO ENVIRONMENTAL AGENCY NOTICES, INVESTIGATIONS AND SIMILAR ACTIONS

• Jurisdiction: United States

Environmental Considerations in Natural Resource and Real Property Transactions
(Nov 1988)
CHAPTER 11
CONGRATULATIONS, YOU'RE A PRP! RESPONDING TO ENVIRONMENTAL AGENCY NOTICES, INVESTIGATIONS AND SIMILAR ACTIONS
David C. Shelton
Director Hazardous Materials and Waste Management Division Colorado Department of Health
Denver, Colorado

I. State Role

A. SARA 121(f) mandates "substantial and meaningful involvement by each state in initiation, development and selection of remedial actions".

B. State involvement includes:

1. review and comment on the remedial investigation (RI), feasibility study (FS), record of decision (ROD), engineering design and all supporting documents; and

2. opportunity to participate in negotiations and be a party to settlements.

C. Extent of state role varies depending on whether the state or EPA has the enforcement lead at the site.

D. Natural Resource Damage Suits (107 (f)) — clear state control

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II. The Superfund Process

A. Consider whether there are actions you can take or encourage the agencies involved to take which determine whether your site will be evaluated as a Superfund site.

1. Look at the "innocent landowner" provision of SARA 101(f)(35)(A): "At the time the defendant acquired the facility, the defendant did not know and had no reason to know that any hazardous substance ... was disposed on of, in or at the facility...".

a. It is necessary to make a good faith effort to determine whether hazardous substances are present. This costs money,

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