United States	Office of Solid Waste and	EPA 540-F-98-001
Environmental Protection	Emergency Response	OSWER 9378.0-09AFS
Agency	(5204G)	September 2000
www.epa.gov/superfund
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Property Owner
Rights
Property
for Sale
Property
Values
Buying & Selling
Property
Liability
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How Can a Superfund Site Affect My Property?
Answers to Frequently Asked Questions
If you are like most people faced with the possibility or certainty of a hazardous waste site in
your community, you probably have many questions about what is happening and how you
will be affected. Concerns about your property may be an issue. How will my property
values be affected? Who pays for cleanup? Who can help me? This fact sheet answers
many of these questions; however, the information applies only to sites under the U.S.
Environmental Protection Agency's (EPA) Superfund program.
What Is Superfund?
EPA's mission is to protect human health and to safeguard the natural environment. In
support of this mission, the Superfund program responds to threats posed by uncontrolled
releases of hazardous substances into the air, water, and soil. Releases that pose
immediate threats are responded to first. EPA then determines if there is a need for long-
term cleanup of hazardous wastes. Sites that require a long-term cleanup are added to
Superfund's National Priorities List (NPL). When a site is on the NPL, it undergoes a
comprehensive evaluation to determine the nature and extent of contamination, an
estimation of current and future risks, an analysis of cleanup alternatives, and the design
and construction of the selected cleanup plan. EPA ensures that sites are cleaned up to a
level that protects people who live, work, or play on or around the site, including
community members who may be at greater risk, like the elderly and children.
While the Superfund program focuses on protecting a community's health and
surroundings, EPA understands that cleanup activities may directly affect individual
properties. Within the limits of the Superfund law, EPA works with the affected
community to find a cleanup solution that is safe, effective, and minimally disruptive.
EPA recognizes the importance of working closely with affected residents to provide
accurate information about the site and respond to your concerns. EPA is always willing
to answer any of your questions and invites your feedback.
The following pages provide the answers to questions most commonly asked about the
effects of hazardous waste sites on people's property.
The questions are divided into four areas: property
owner rights; property values; buying and selling
property; and liability. The answers will help you
understand how EPA can assist you and direct you to
other resources that are available to help you. By
understanding Superfund's responsibility for
hazardous waste sites in your area, you can take an
active role in protecting the health of your
community and the value of your property.
In This
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Property Owner Rights.	2
Property Values	3
Buying & Selling Property....... 4
Liability		5
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• Superfund Today • Property Issues •
Property
Owner Rights
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If you are a property owner in a
community near a Superfund site, you may be
concerned about the potential effects the hazardous
waste may have on your property and your daily
routine. EPA assists neighborhoods by informing
all concerned citizens about cleanup activities on
or around a site, and by giving community
members opportunities to voice their opinions and
concerns. The following questions and answers
provide information for property owners on private
property rights, protection from liability, and
available EPA assistance.
My properly is located near a
Superfund site. How can i find out if
EPA has investigated pollution
problems on my property?
EPA is responsible for keeping the community
informed about site investigations and cleanup
activities on or around the site. If a sampling •
program is planned for your area, EPA will notify
you through a newspaper ad, or a fact sheet, or in
person. EPA sets up an information repository for
each Superfund site, so interested community
members may review all sampling results and other
information known about a particular site.
Information repositories are usually kept at a local
library or government office. If the federal EPA
program is not involved in a site in your area, your
state or local environmental and health agencies
may have information on pollution problems that
may be affecting your property. Many, but not all,
states have laws—called disclosure laws—that
require owners to give information on known or
possible pollution problems on or near their
property. Also, local lending institutions or real
estate agencies may have information on
environmental investigations of your property.
Consult LOCAL Experts About:
~	Effects on Property Values
~	Adjustments to Property Taxes
~	Refinancing in Case of Devaluation
~	Property Value Trends, Forecasts, and Rebounds

My property is located near a
Superfund site. Will EPA take samples
on my properly upon my request?
Living near a Superfund site does not necessarily
mean that residential property is contaminated.
When EPA first discovers a Superfund site,
preliminary tests may be taken to determine if
additional sampling is needed, including potential
sampling of residential property. If EPA suspects
that contamination from a Superfund site may be
present on residential property, EPA may request
permission from property owners to take samples.
EPA will work with individual property owners to
determine if there is a need to sample the property.
Likewise, if property owners suspect contamination
from a Superfund site is on their property, they
should contact their regional EPA office (see
contact list) or their state or local environmental
agency. To report any immediate hazardous waste
spill or problem, please contact the National
Response Center at 1-800-424-8802.
Will EPA release specific addresses at
which samples have been taken?
EPA tries to respect individual's privacy concerns
and does not release specific property owner's
names to the general public. However, reports with
address information and all other sampling data are
made part of the public record. EPA will send
letters with the sample results only to those whose
property was sampled.
Can I refuse or limit EPA access to my
property? If EPA uses my property for
sampling or well installation, will I be
paid?
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Property owners can refuse to allow EPA onto
their property. However, the Superfund law does
give EPA the authority to conduct sampling
activities at residential properties if there is a
reasonable basis to believe that a threat to human
health and the environment exists. EPA will work
to accommodate property owners' schedules and
to conduct investigative sampling activities with as
little inconvenience to property owners as
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If my loan is denied because of
concerns about contamination, can
EPA call my banker or appraiser?
EPA does not become involved in individual
real estate transactions; however, agency
representatives can conduct presentations or provide
information about site cleanup plans for the public,
including the real estate and lending/financial
community.
Do I have to disclose the
contamination on my property to
potential buyers?
Some states have disclosure laws that require
owners to report pollution problems to buyers when
they sell a property. Contact a real estate
representative, state and/or local government
agencies, or an attorney; they should be able to
quickly tell you if your state has such a law or if
there is a deed restriction on your property.
Can a homeowner perform a
cleanup to ensure that he or she will
be able to sell their property?
Yes, a homeowner can perform a cleanup, but it is not
very common, for two reasons. First, in order for a
homeowner to perform a cleanup, EPA must certify that
the owner can meet national health and safety
standards. Second, once the owner takes responsibility
for a cleanup, it makes him/her liable for any future
pollution problems (release or threat of release of
contaminants) as a result of the cleanup—forever.
Liability
EPA understands that personal liability is also an area
of concern when investigating cleanup sites adjacent to
private property. This is especially important for new
property owners and prospective purchasers, as well as
for the lending institutions that will be responsible for
the mortgage. By working with EPA in relation to a
specific Superfund site, residential property owners and
prospective purchasers can ensure they won't be held
responsible for pollution that was present on a property
prior to the time of purchase. The following questions
and answers will help residential property owners
understand potential liability issues.
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Can I be held responsible for
pollution on my residential property?
EPA will not take actions against a residential
home owner, unless the owner polluted the site or
made existing pollution problems worse (a release
or threat of release of hazardous substances) and
forced a cleanup action by EPA at the site.
My property sits above contaminated
groundwater. Am I liable?
*71 You can be held liable for contaminated
CT I groundwater if you are responsible for the initial
pollution, or if you have done anything to increase
the amount or spread of contamination. EPA will
assist property owners if someone tries to make
them pay for groundwater contamination for which
they are not responsible. EPA may exercise its
enforcement discretion and enter into a
de minimis settlement with an owner of property
that has contaminated groundwater when that
owner has been sued or threatened with a
contribution suit. The property owner must also
meet the conditions of the "Policy Toward Owners
of Property Containing Contaminated Aquifers"
(May 24,1995 PB96109145). This document is
available for free on OSRE's Internet site http://
www.epa.gov/OSRE/950524-l.html or by
contacting the Superfund Document Center at
(703) 603-9232.
As a potential purchaser of a piece
of property that is on or near a
Superfund site, what would my
responsibility be for contamination
that existed at the time of purchase?
Your responsibility would be minimal if any. EPA
will work with the individual and can enter into an
agreement with potential purchasers not to sue the
purchaser for contamination that existed at the time
of purchase.
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• Superfund Today • Property Issues •
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What can I do if my property
value goes down because of a
Superfund site?
Property owners may want to consult with local
government officials about the possibility of
property tax abatements or adjustments, based on
impacts on property values from pollution
concerns; however, this is beyond the authority of
the federal government. In some cases, property
owners have consulted an attorney about the
possibility of recovering the lost property value
from the potentially responsible party or parties
(the polluters). Based on past cleanups, EPA
believes that a Superfund cleanup has an overall
beneficial impact on the community, including
rebounding property values.
My property sits above contaminated
groundwater. How will this affect my
property value?
EPA cannot predict how contaminated groundwater
will affect individual property values. A good
resource for property value information is a local
government agency—such as your local taxing
authority or planning commission—or a local real
estate professional. They are more experienced in
appraising property values and determining the
effect of contamination on property values.
Will there be an immediate appraisal
of my property to adjust my tax status?
Local and state tax authorities can best answer this
question, because they are responsible for all
appraisal activities in your community. It is
beyond EPA's authority to appraise property or
adjust tax status, and EPA does not request tax
authorities to re-assess properties. Property
owners may want to consult with local government
officials about the possibility of property tax
abatements or adjustments, based on impacts on
property values from pollution concerns; however,
this is beyond the authority of the federal
government.
Will I be able to refinance my loan
due to the devaluation of my
property?
This is a question that is best answered by your
lending institution.
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Do property values rebound? How
long will it take?
Previous research indicates that contaminated sites,
including Superfund and other types of hazardous
waste sites, are likely to affect nearby residential
property values. Studies estimate property price
reductions, due to nearby hazardous waste sites,
range from two to eight percent of the value of the
property. One study of several Superfund sites in
Houston, Texas found that property values
rebounded fairly quickly following completion of
cleanup activities. Property values are most
appropriately discussed with local authorities
knowledgeable about the local economy and other
local conditions that may influence property values.
Buying &
Selling
Property
_Z|
When buying or selling property, people usually
have questions about neighborhood property
values; how changes in property value impact
mortgages, taxes, and resale; how property owners
can increase their property value; and what
information a property owner must tell a potential
purchaser. This section provides information on
what environmental information either you or EPA
needs to disclose about a specific site, how EPA
can support you through the transfer of property,
and actions you may choose to take to increase the
value of your property.
What information can EPA provide to
potential buyers of property located
near a Superfund site?
EPA makes a wide variety of information available
to potential buyers, including background
information on the Superfund program, its
activities and responsibilities, and opportunities for
public participation. Site-specific information can
be accessed from your neighborhood Superfund
public information repository (usually at the local
library or government office) and your regional
EPA office (a list, of regional phone numbers can be
found at the end of this document) if there is a
federal Superfund site in your neighborhood.

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* Superfund Today • Property Issues •
I

possible. EPA cannot pay property owners for
taking samples from their property. To the extent
possible, EPA tries not to disturb the property. In
the event that property is disturbed during
sampling or cleanup (e.g., damaged grass, back
hoeing of soil during cleanup, etc.), EPA will
restore the property to its original condition to the
extent possible.
Can EPA move me from my property?
How long can they keep me away
from my property?
While it rarely happens, EPA can move residents as
part of a cleanup action to protect human health
and the environment. In the past, EPA has
relocated residents because either an immediate risk
existed that could not be minimized without moving
people, a site cleanup was difficult or impossible
because contamination was very near or under
homes, houses were contaminated and EPA could
not decontaminate them, or EPA personnel were
safeguarding the health of residents during the
cleanup action. Relocation may be temporary or
permanent, depending on EPA's ability to clean
property to a condition where the contaminant(s)
no longer threaten human health or the
environment.
Can EPA take part or all of my
property? Will I be paid if EPA does
take my property?
EPA makes every attempt to clean up sites with
minimum inconvenience to property owners, and
property is only acquired or taken from owners
when necessary to protect citizens' health or
environment. EPA has acquired all or part of a
property in situations where it was necessary to
address a serious health problem or a cleanup
could not proceed without that property. In cases
like these, EPA will provide an explanation to the
property owner for this action. By law, EPA must
pay the property owner fair market value for any
land acquired.
Property
Values
Property
for Sale
Property values can be affected by a number of
environmental factors: perceived health risks;
impacts on safe drinking water; air pollution; odor;
construction activity; and noise. Factors that may
reduce the impact on property values include
distance from the site and the presence of a
geographic buffer, such as a hill, railroad, river,
forest, or divided highway. The following
questions and answers provide more information on
the effects of Superfund sites on property values.
What is happening to property values
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in my neighborhood?
EPA suggests you consult a professional in your
community who can give you a more accurate and
current answer. Real estate agents, banks and
other lenders, appraisers, and public and private
assessors should be able to answer this question for
you. Local government agencies—such as your
taxing authority or planning commission—may
also be able to give you information on property
values.
My property values have gone down
as a result of being on or near a
Superfund site. Can EPA pay me for
the property value I have lost?
EPA is very concerned about potential adverse
effects on property value that may result when a
Superfund site exists near a community. However,
the Superfund law does not authorize EPA to
compensate individual homeowners for losses of
property value or other potential damages
associated with designating an area as a Superfund
site.
Visit our web site at:
http://www.epa .gov/superfund
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~ • -Superfund Today ' Property Issues •
Q

Is a bank or other lender liable
for contamination if it lends
money (or has lent money) to
owners or developers of
contaminated property?
It is EPA's policy not to pursue cleanup cost
repayment from lenders who merely provide
money to an owner or developer of a
contaminated property, provided that
lenders do not participate in daily
management. If it meets the requirements of
CERCLA's "secured creditor exemption," a
bank or other lender that loans money to
owners or developers of contaminated
property will not be liable as an owner or
operator of a Superfund facility. In general,
the lender should avoid participating in the
daily management of the facility. The
secured creditor exemption describes
various activities that lenders can undertake
without losing their protection from owner/
operator liability. For example, lenders can
investigate a facility, require another person
to clean up the facility, and provide
financial advice to a borrower.
If you live on or near a Superfund site, all site-specific information is
available to you at the local Superfund public information repository.
General information is also available through your EPA Region's
web site, accessible from EPA's home page (www.epa.gov). You
can speak with someone directly through the toll-free Superfund/RCRA Hotline (1 -800-424-
9346) or one of the following regional phone numbers (*800 and 888 numbers only work
within the Region except Region 4):
Region 1
CT, ME, MA, NH, Rl, VT
(617) 918-1064
(888) 372-7341*
Region 2
NJ, NY, Puerto Rico, Virgin Islands
(212)637-3675
(800)346-5009*
Region 3
DE, DC, MD, PA, I/A, WV
(215)814-5131
(800) 553-2509*
Region 4
AL, FL, GA, MS
KY, NC, SC, 77V
(404)562-9947
(800)564-7577
Region 5
IL, IN, Ml, MN, OH, Wl
(312) 353-2072
(800)621-8431*
Region 6
AR, LA, NM, OK, TX
(214)665-8157
(800) 533-3508*
Region 7
IA, KS, MO, NE
(913) 551-7003
(800) 223-0425*
Region 8
CO, MT, ND,SD, UT, WY
(303)312-6312
(800) 227-8917*
Region 9
AZ, CA, Hi, NV, U.S. Territories
(415) 744-2178
(800)231-3075*
Region 10
AK, ID, OR, WA
(206) 553-1352
(800)424-4372*
*800 and 888 numbers only work within the Region except Region 4
©¦EPA
United States
Environmental Protection
Agency (5204G)
Washington, DC 20460
Official Business
Penalty for Private Use
$300
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