The court found that during that period, the applicant had entered into an agreement with the California Department of Toxic Substance Control (CDTSC), the public authority responsible for imposing CERCLA`s matters. The applicant co-established his work with the Agency and, as such, behaved appropriately with regard to the conditions of establishment. Therefore, the Tribunal found that the Applicant deserved the designation BFPP. Once the clean-up work has been completed at a site, the EPO can place a “wind deposit fee” on the BFPP grounds. The deposit fee is equal to the lower of: (1) the amount of the unpaid remediation costs incurred by the EPO, i.e. (2) the increase in the fair value of the property attributable to the superfund remediation. While the provisions of the OPC apply to itself, the Congress has authorised the EPO to give assurances that no enforcement action will be applied against a CPO for contamination resulting from the actions of its neighbours. The Congress also authorised the EPO to enter into a settlement agreement with the CPO that would offer them cost cover and/or protection of the contributions of potentially responsible parties to the site. In response to the Love Canal disaster and the belief that there was hidden contamination at other abusive sites in the United States, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980, also known as the Superfund Act. A fund has been created for the government to clean up contaminated sites. CERCLA returns its costs by returning responsibility to the companies that disposed of the hazardous materials at the time of discovery, regardless of the date of disposal. Persons who held the property at the time of discovery may also be liable as potentially responsible parties.
For the management of a buyer`s risks, an environmental due diligence procedure has developed for real estate transactions. The professional environmental advisor was born. Before executing a lease agreement, the parties often do not have the time or resources to verify whether the lessor qualifies as a BFPP according to CERCLA. Since CERCLA imposes strict and joint and several liability on operators of contaminated property, a tenant may be advised to take the necessary steps to appeal to the BFPP`s defence under CERCLA if the EPO knocks on the door due to response costs. As noted above, these steps include the implementation of AAI prior to the performance of the lease agreement. AAI includes, among other things, the conduct of a Phase I environmental site assessment. The EPO`s revised guidance is available under www.epa.gov/enforcement/cleanup/documents/policies/superfund/tenants-bfpp-2012.pdf. Information on the suitability of a letter of assurance or agreement is available in the epa`s Enforcement Discretion Vueing Contiguous Property Owners (13.01.2004) . .