David Saks: WHAT'S THAT SMELL ? : CERCLA to the RESCUE

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

WHAT'S THAT SMELL ? : CERCLA to the RESCUE

                                                                                                                                                                                                                                             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.




David Saks



Time&Temp Memphis

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Comment balloon 5 commentsDavid Saks • April 06 2008 04:06PM

Comments

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.

Posted by Billie Dalessio (Home Run Realty, LLC) almost 12 years ago
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.
Posted by Tony & Darcy Cannon, The C Team (Aubrey and Associates Realty) almost 12 years ago
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.
Posted by Ken & Linda Pillard, ABR, ALC, CRS,CDPE,SRES (United Country - California Properties) almost 12 years ago
We have several superfund sites around here that they are supposed to be working on.
Posted by Gene Allen, Realty Consultant for Cary Real Estate (Fathom Realty) almost 12 years ago

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.

Posted by David Saks ((retired)) over 11 years ago

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