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Title: TRANSPORTATION AGENCY LIABILITY FOR HAZARDOUS MATERIALS AND WASTE: A PRACTICAL APPROACH TO MINIMIZING LEGAL, FINANCIAL, AND ENVIRONMENTAL RISKS
Accession Number: 00489541
Record Type: Component
Availability: Find a library where document is available Abstract: Superfund and similar state statutes on hazardous waste liability affect many transportation agency operations: land acquisition; project design and construction; facility operation and maintenance; leases, sales, and other dispositions of property; and relations with other government agencies, employees, and the public. Concepts of strict liability can make the agency liable even if it acquired land innocently, not realizing it was contaminated with hazardous waste; even if the agency contaminated property by its own activities which were legal at the time; and even if the agency long ago sold contaminated land "as is." This paper describes practical ways to deal with these emerging liabilities. The hazardous waste site assessment is an essential tool to discover and assess contamination prior to acquisition. Clauses in purchase agreements and leases can protect the agency if waste is discovered later. The agency can negotiate rights of indemnification and other means of reimbursement. Cleanup costs can be paid from Superfund or reimbursed by responsible parties using provisions in Superfund itself, rights to seek contribution, or warranties and consumer remedies. There are some limited defenses against agency liability, such as the "third party" and "innocent landowner" defenses. Use of eminent domain helps reduce liability. Following the suggestions in this paper, the agency will find that most waste contamination is manageable using proper techniques to report releases, plan for emergencies, comply with the National Contingency Plan, stay off the Superfund list, comply with state requirements, clean up sites expeditiously, know "how clean is clean," hire qualified consultants and contractors, protect employees, and build defenses or pursue claims.
Supplemental Notes: This paper appears in Transportation Research Record No. 1192, Soil Engineering. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
Monograph Title: Monograph Accession #: 01413981
Authors: McGregor, Gregor IPagination: p. 94-102
Publication Date: 1988
Serial: ISBN: 0309047706
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Environment; Finance; Highways; Law; I10: Economics and Administration
Files: TRIS, TRB, ATRI
Created Date: Nov 30 1989 12:00AM
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