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Enforcement

Addressing Liability Concerns to Support Cleanup and Land Reuse Publications

Cleanup enforcement's addressing liability concerns to support cleanup and land reuse publications include a variety of documents:

Handbook
Reports/Reference Guides
Fact Sheets and Case Studies

Handbook

The Revitalizing Handbook - Addressing Liability Concerns at Contaminated Properties (December 2019). The "Revitalization Handbook" web page provides access to the 2019 edition of the cleanup enforcement handbook, a compilation of tools and a discussion of how to use them in evaluating the benefits of revitalizing contaminated property.

Reports/Reference Guides

Next Generation Cleanup Compendium of Examples (September 2016). Compendium is to expand how Next Generation Compliance approaches have been used to improve environmental cleanup performance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), the Resource Conservation and Recovery Act (RCRA), and state cleanup authorities.

Liability Reference Guide for Siting Renewable Energy on Contaminated Properties (July 2014). Reference document provides answers to renewable energy developers' common questions associated with liability and potentially contaminated property.

Top 10 Questions to Ask When Buying a Superfund Site (May 2008). Ten answers to questions a prospective purchaser may have when deciding whether to purchase property at a privately owned Superfund site.

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Fact Sheets and Case Studies

Cleanup and Reuse Success Stories: Cleanup Enforcement Benefit Communities (2018). Success stories highlight the efforts of the cleanup enforcement program to cleanup contaminated sites and work to protect human health and the environment and bring about economic, recreational, and habitat improvements.

Securing Cleanup from Ashes at the Puma Energy Caribe Site (June 2014). Case study of the cleanup work and enforcement tools used at the Puma Energy Caribe Site in Puerto Rico.

RE-Powering America's Land - Siting Renewable Energy on Potentially Contaminated Properties: Liability Considerations (December 2012). Fact sheet on guidance document addressing tenants as bona fide prospective purchasers under Superfund and the Agency's RE-Powering America's Land initiative.

Engaging Early in the Superfund Process, Enabling Cleanup and Reuse: The Former Spellman Engineering Site in Orlando, Florida. Case study explores the working relationships and innovative settlement agreements that have led to the cleanup of the Former Spellman Engineering site in Orlando, Florida, and reuse of an adjacent property.  The case study discusses the first-ever Contiguous Property Owner (CPO) Agreement in the nation, where a non-liable adjacent property owner agreed to voluntarily clean up a Superfund Site.

Transmittal memorandum and Fact Sheet on The Benefits of Integrating Reuse to Achieve Enforcement and Environmental Protection Goals (December 2010). Transmittal memorandum and fact sheet for use by EPA enforcement staff involved in contaminated site response decision-making and enforcement actions for the performance or payment of site response activities.

Promoting Responsible Redevelopment at the American Barrell Site (November 2009). Fact sheet highlights responsible redevelopment and reuse at the American Barrell Company Superfund site.

Linking Cleanup and Reuse: The MDI Superfund Site and Houston's Fifth Ward (PDF)(12 pp, 3.14 MB, About PDF) (October 2008). Case study explores the working relationships and key dynamics that have led to the successful cleanup and planned reuse of the MDI Superfund site in Houston, Texas.  The case study describes the Agreed Order on Consent and Covenant Not to Sue, the first-ever agreement between EPA and a non-liable party for the cleanup of a Superfund site.  The agreement facilitated the acquisition and cleanup of the site by a private party.

Empire Canyon fact sheet (May 2008). Fact sheet highlights sustainability features to be incorporated into the proposed project, such as native vegetation, conservation of open space, use of wind-generated power and a recycling program.

Windfall Lien Administrative Procedures Guidance: Frequent Questions. Frequent questions relating to EPA's Windfall Liens Administrative Procedures guidance document.

CERCLA Lender Liability Exemption: Updated Questions and Answers (July 2007). Updated fact sheet on CERCLA liability for secured creditors for the cleanup of contaminated property.

Brownfield Sites and Supplemental Environmental Projects (SEPs) (November 2006). Question and Answer fact sheet on the complementary role of SEPs at brownfield sites. 

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