Who is liable if new occupants of the base get sick or find contamination, DOD, army, RAB, FMERPA environmental subcommittee, FMERPA, Eatontown, Tinton Falls, Oceanport taxpayers)?
The DOD, DA and the local FMERPA will work closely with the New Jersey Department of Environmental Protection and the U.S. Environmental Protection Agency to insure that any contamination at a BRAC installation will be cleared prior to transfer. The DoD is responsible for the restoration of all facilities that it has owned or operated where there have been releases from its operations into the environment, as well as those facilities where hazardous substances from its operations have come to be located. Federal Law requires that transfers of federal real property by deed must also include: a) a covenant by the United States that all remedial action necessary to protect human health and the environment has been taken prior to transfer, b) a covenant by the United States to undertake any further remedial action found to be necessary after transfer, and c) a clause granting access to the transferred property in case remedial action or corrective action is found to be necessary after tran
