Can an LGU acquire a property through one of the eligible means stated above and not do any of the investigation or cleanup if they don intend to resell the property?
A3. Yes. As long as the LGU does not cause or exacerbate a discharge of a hazardous substance, the LGU is exempt under the Spill Law. The LGU needs to consider possible contamination on the property and whether or not the contamination would preclude the specific planned use of the property. The LGU should work with local and state health departments as well as the DNR to ensure that the use of this property is protective of public health, safety, and welfare.
Related Questions
- Can an LGU acquire a property through one of the eligible means stated above and not do any of the investigation or cleanup if they don intend to resell the property?
- If cleanup is limited to the removal of soil contamination, will the property be eligible for a No Further Requirements Determination?
- Would the interest on bonds sold by a municipality to perform a brownfield investigation or cleanup be an eligible cost?