What is EPAs policy towards owners of residential property at Superfund sites?
Owners of residential property located on a Superfund site have raised concerns that they would be responsible for performance of a response action or payment of cleanup costs because they came within the definition of “owner” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Owners of residential property located on a Superfund site have raised concerns that they would be responsible for performance of a response action or payment of cleanup costs because they came within the definition of “owner” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, commonly referred to as “Superfund”). Additionally, the owners were concerned that they might be unable to sell their properties given the uncertainty of EPA taking action against them. EPA issued its policy toward residential property owners to clarify when it would not require these owners to perform or pay for cleanup. The policy states that EPA, in the exercise of its enforcement discretion, will not take enforcement actions against an owner of residential property unless his activities lead to a release or threat of release of hazardous substances, resulting in the taking of a response action at the site.
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