What are some of the issues LGUs might consider before acquiring contaminated properties?
A5. Local officials should consider risks associated with leaving the property unattended rather than acquiring the property: • injury to trespassers; • unpaid taxes accumulate; • neighboring property values reduced; and • visual eyesore. Officials should also consider the way in which a property is acquired since it affects liability issues (see questions #1-2), whether liability issues exist under environmental laws other than the Spill Law and whether liability exists for harm to persons or property. Other environmental laws to consider include but are not limited to hazardous waste laws. For instance, if a barrel containing hazardous waste is found on the site, it must be properly disposed. Also, consider all costs associated with cleaning up the property versus leaving it contaminated. LGU’s are also responsible for removal of abandoned underground storage tanks left on the properties they acquire.
