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I unknowingly purchased property contaminated with hazardous waste. Now the EPA wants me to pay for the cleanup. What should I do?
If you are in this situation it is ESSENTIAL that you consult with an attorney immediately. This is a complicated area of the law.
You can be liable even if you had no knowledge of the contaminates at the time of your purchase. That makes no difference under CERCLA, because basically the EPA can recover from you any money spent for cleanup, even if you are not responsible for the release. The law imposes joint and several liability on those responsible. This means that all potential responsible parties, including you, the prior owner, the owner of the facility, those responsible for arranging transport of the hazardous substances, would be jointly liable for some portion of the cost, or you, individually, for the entire cost (assuming you were solvent). Not a good thing!
Congress realized that this "forced" liability for a released contaminant punished unjustly those not responsible and amended CERCLA in 1986 under the Superfund Amendments and Reauthorization Act. The Act, among other provisions, provides protection from liability for those who purchased property after the contamination took place. Be prepared, however, to do a lot of homework.
Possible claims might be made against the seller, or your own insurance company, but it will require a thorough investigation and documentation. Usually cooperation and communication with the EPA is the best course to follow. |
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