Brownfields Reuse and Real Estate Development Act

Summary

Brownfields Reuse and Real Estate Development Act - Directs the Administrator of the Environmental Protection Agency to: (1) establish certification criteria for State programs for voluntary cleanup of eligible facilities; and (2) certify qualified States to carry out cleanup programs at eligible facilities in lieu of administrative or judicial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act. Defines "eligible facility," with exceptions, as an abandoned, idled, or under-used commercial or industrial facility or property for which real or perceived environmental contamination complicates expansion, redevelopment, or reuse. Requires the Administrator to cooperate with States to ensure that State programs continue to meet the terms of certification by assisting States in remedying any deficiency. Sets procedures for withdrawal of certification where deficiencies are not resolved. Requires a State program, to be certified, to provide: (1) adequate opportunities for public participation; (2) technical assistance throughout each voluntary cleanup; (3) adequate resources for cleanup and administration of the program; (4) adequate oversight and enforcement authority; (5) State documentation, to be provided to the owner or prospective purchaser of an eligible facility, that the cleanup is complete; and (6) assurance that the cleanup will protect human health and the environment. (Sec. 7) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 8) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 9) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site.

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Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 17 April 1997

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• Introduced in House (PDF)

  Introduced in House · EN · 17 April 1997

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• Introduced in House

  summary · EN · 17 April 1997

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