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WHAT'S THAT SMELL ? : CERCLA to the RESCUE

By
Industry Observer TN LIC# 290452

                                                                                                                                                                                                                                             pew 

CERCLA is the Comprehensive Environmental Response, Compensation and Liability Act.

CERCLA was created in 1980 with a startup fund of 9 Billion Dollars (whew) called the SUPERFUND (I wonder why?) to clean up hazardous waste that was left behind by some villain...er...uh...potentially responsible party know in the industry as the PRP or the perp.

CERCLA swoops down on them with their talons and orders the PRP to clean up the mess.

Any landowner could be held liable under CERCLA when hazardous or toxic substances are released into ground or water areas and threaten the quality of life.

CERCLA is overseen by that great organization the protects the air we breath know as the EPA, or the Environmental Protection Agency.

Can you think of any situation in recent days that CERCLA would step in and rescue us from ?

Thanks to all for your thoughts.

Posted by

Time&Temp Memphis

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Billie Dalessio
Home Run Realty, LLC - North Haven, CT

David, hmmmm-I can think of a few, but be careful what you wish for, sometimes the problem solvers come up with plans that only worsen the situation.

Apr 06, 2008 09:22 AM
Tony & Darcy Cannon
Aubrey and Associates Realty - Layton, UT
The C Team
David, Nice explanation, the one that I see where it is most used is Gasoline underground storage tanks, especially at gas stations.  But they also are willing to go and get you for any leaking, underground storage tanks.  Unfortunately, we have a small town here in the state that is going through this problem with Underground Storage Tanks (UST's) from a gas station that contaminated several properties.  How effective CERCLA is, I guess a matter of personal interpretatation.
Apr 06, 2008 09:25 AM
Ken & Linda Pillard
United Country - California Properties - Woodland, CA
ABR, ALC, CRS,CDPE,SRES
awww.... this gets a little tricky.   My past life is environmental sciences Hazardous waste management.  When it come to LUST (leaking underground storage tanks) and selling properties you better be careful and no what you are doing. In the end Everyone gets invited to the party. EPA is a funny breed.  State and Federal. You never really know what the outcome will be.
Apr 06, 2008 09:45 AM
Gene Allen
Fathom Realty - Cary, NC
Realty Consultant for Cary Real Estate
We have several superfund sites around here that they are supposed to be working on.
Apr 06, 2008 12:06 PM
David Saks
Memphis, TN
Broker / Industry Analyst

Thank you Home Run, T&D, Ken & Linda, and Gene. Hopes for a great week for you and sorry about the late reply. I'm finally catching up on unfinished business.

Oct 22, 2008 06:04 PM
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