Liability is often a concern at Superfund sites. How does EPA address the liability of those who are interested in reusing a site?
Purchasers or users of Superfund sites only become liable under certain circumstances. If purchasers or users of a site interfere with an existing remedy or cause new releases of contamination at the site, they may be liable for those actions. Prospective purchasers (and their tenants) are exempt from owner or operator liability under CERCLA (Superfund) so long as the purchaser (or tenant) meets the definition of a “bona fide prospective purchaser” under 40 USC 9601(40). Under this provision, a “bona fide prospective purchaser” must: purchase the property after all disposal took place; not impede the performance of a response action or natural resource restoration; make all appropriate inquiry; and exercise appropriate care with respect to any release. Current owners of a Superfund site may be protected by a statutory provision or one of EPA’s policies which allow EPA to exercise its enforcement discretion and not require them to undertake or pay for a Superfund cleanup.
