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Recovering for Environmental Damages and Remediation Costs

By: Barclay, John A. | Journal of Property Management, July/August 1994 | Article details

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Recovering for Environmental Damages and Remediation Costs


Barclay, John A., Journal of Property Management


You do not have to be involved to be liable. By now, most property managers are probably aware that the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and other federal and state statutes impose responsibilities on owners for contamination no matter whether they were involved in the properties' contamination or not.

When contaminated materials are present, the Environmental Protection Agency (EPA) or local government agency (e.g. local health agency or regional water quality control board) requires that the hazardous materials be removed.

The government agency also has the ability to require the owner or manager to remediate the property …

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