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OSWER Directive // 9834.6FS
FACT SHEET
POLICY TOWARDS OWNERS OF RESIDENTIAL PROPERTY
AT SUPERFUND SITES
Prepared by the U.S. EPA Office of Solid Waste and Emergency
Response, Office of Waste Programs Enforcement, and the Office of
Enforcement
EPA ACTION:
EPA is issuing its POLICY TOWARDS OWNERS OF RESIDENTIAL PROPERTY
AT SUPERFUND SITES-
Under this policy the Agency, in the exercise of enforcement
discretion, will not take enforcement actions under the Superfund.
law against an owner of residential property to perforin response
actions or pay response costs.
PURPOSE:
The Agency is issuing this policy to address concerns raised by
owners of residential property located on Superfund sites, and to
provide the Regions with a nationally consistent approach on this
issue. The guidance sets forth in writing what has been the
Agency's past practice towards owners of residential property
located on Superfund sites.
BACKGROUND;
Several sites that are the subject of a response action (removal
or remedial activities) under the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (CERCLA or
Superfund), include properties that are owned and used
exclusively as single family residences (one-to-four dwelling
units). At several larger sites, soil or ground water
contamination may be so extensive that there are several hundred
of these residential properties located on a Superfund site.
Some owners of residential property located on Superfund sites
are concerned about potential liability for performance of a
response action or payment of cleanup costs because they may come
within the definition of "owner" under CERCLA. Such owners of
residential property have expressed concern that they may be
unable to sell these properties because the buyer (or its lending
institution) may also be concerned about potential liability.

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In the past, the Agency, in the exercise of its enforcement
discretion, has not required owners of residential property
located on Superfund sites to perform response actions or pay
response costs except where the residential homeowner's
activities lead to a release or threat of a release of hazardous
substances, resulting in the taking of a response action at the
site. The Agency has, however, asked owners of residential
property to provide access to the residential property and
requested that owners abide by institutional controls placed on
the property to prevent future releases.
The Agency is issuing this guidance to establish in writing what
has been the Agency's past practice. Under this policy, the
Agency will continue to exercise its enforcement discretion and
will not pursue an owner of residential property to undertake
response actions or pay response costs. However, if the owner's
activities lead to a release or threat of release of a hazardous
substance resulting in the taking of a response action, this
policy does not apply, and the Agency will contemplate taking an
enforcement action against the owner. Owners of residential
property are not within the scope of this policy where they do
not use the property for residential purposes or fail to comply
with other CERCLA obligations (e.g., provide access or comply
with institutional controls placed on the residential property)
The Agency's exercise of enforcement under this policy will
extend to lessees of residential property, if the lessees'
activities are consistent with this policy. This policy also
applies to past owners of residential property as well as future
owners of residential property. Whether a person who acquires
residential property has or had knowledge or reason to know that
contamination was present on the property at the time of purchase
or sale of the property will not affect EPA's exercise of
enforcement discretion under this policy.
CQfrJ TACT:
To receive a copy of the policy, contact the National Technical
Information Service (NTIS) at (703) 487-4600 or (800) 336-4700.
For more information concerning this policy, contact Gary
Worthman in the U.S. EPA Office of Waste Programs Enforcement at
FTS (202) 382-5646, or Patricia Mott in the U.S. EPA Office of
Enforcement at FTS (202) 245-3733.

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