3.0 HRSR 12-07-2015 - Laserfiche WebLink

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RELEVANT LINKS: Likewise, if a city buys a building that contains hazardous materials such as asbestos, it, as the owner, could have additional costs in order to remove the asbestos before the building is remodeled or torn down. 42 U.S.C.§§9601-9675. Both federal and state laws impose liability for the cost of cleaning contaminated property. The federal Comprehensive Environmental Response, Compensation and Liability Act(CERCLA) contains the statutes that deal with responsibility to clean up contaminated property—also known as the"Superfund"Act. These laws were later amended in the Superfund Amendments and Re-Authorization Act(SARA). Minn.Stat.ch. 115B. Minnesota's"Superfund" law is the Minnesota Environmental Response and Liability Act(MERLA). It gives the Minnesota Pollution Control Agency (MPCA)the power to clean up hazardous waste sites and to make responsible parties pay for the associated clean-up costs. Generally,both CERLA AND MERLA impose liability for clean-up costs of contaminated land upon the following people: • Owner/operator liability. Anyone who owned or operated a facility that dealt with a contaminant or hazardous substance can be held responsible for the cost of cleaning up the land if it is contaminated. • Generator liability. Anyone who owned or possessed a hazardous substance,pollutant, or contaminant and arranged for disposal or treatment can be held responsible for the cost of cleanup. • Transporter liability. Anyone who knew or should have known that waste accepted for transport contained a hazardous substance,pollutant, or contaminant and either selected the facility to which it was transported or disposed of it in a manner contrary to law can be held responsible for the cost of clean-up. Because of this possible responsibility, cities should check carefully to determine if land has been contaminated before acquisition. Although it is not always apparent that a piece of real estate has been polluted, a great deal can be learned by investigating the land's chain of title. A quick check of the county land records can reveal who has owned the land in the past. If a business once owned the land,the land may have been exposed to any chemicals that were used by the business. Similarly, a history of old railroad sites, gasoline stations,underground storage tanks, and electrical transformers can indicate a possibility of exposure to contamination. A city that will be acquiring land,whether by purchase or gift,may want to consider hiring a consultant to conduct an environmental property assessment. There are two types of assessments. The first, a Phase I Audit, consists of a site history and walk-over inspection. If any questions are raised as a result of the Phase I Audit, a Phase II audit can be arranged. A Phase II Audit consists of soil borings and other tests for chemicals. League of Minnesota Cities Information Memo: 1/22/2015 Purchase and Sale of Real Property Page 16