THE NORTHERN VIRGINIA DAILY

April 03, 1993

EPA: Reuse of Avtex would need approvals

 It's up to those who want to redevelop the site to make a proposal, an EPA official says.

By Dennis Lynch

The Environmental Protection Agency has devised a scenario in which parts of the former Avtex Fibers plant could be reused, but it's up to those who want to redevelop the site to make a proposal that is in line with it, an EPA official says.

In addition, approval from the FMC Corp., a former owner of the site that is responsible for part of its cleanup, and Avtex bankruptcy trustee Anthony H. Murray Jr. is needed before an agreement can be made between the agency and a prospective purchaser, Stanely L. Laskowski, acting regional administrator for the EPA, says in a recent letter to 10th District Rep. Frank R. Wolf.

But he says prospective purchasers should first determine the nature and extent of contamination to avoid being held liable under federal law, which says owners of contaminated land can be forced to pay for its cleanup, even if they had nothing to do with the contamination.

Potential purchasers can sign agreement with the agency called an administrative consent order in which a potential buyer would agree to investigate contamination on a particular piece of property and the best way to clean it up.

Laskowski says the EPA previously has agreed not to sue potential buyers for cleanup of areas of Superfund sites in cases in which:

· Enforcement action is anticipated.

· When the agency believes that site development will not aggravate contamination or interfere with cleanup.

· Due consideration has been given to the health and safety risks at the site and the prospective purchaser is financially viable.

· A substantial benefit, not otherwise available, will be received by the agency.

"Keeping those requirements in mind, no one has come forward ... with an appropriate proposal" to enter into an agreement with the EPA, Laskowski says. The agency is still working on gathering information about how many of the agreements have been reached nationwide.

The agency also has agreed to expedite its investigation of priority sites identified by the local Industrial Redevelopment Committee.

A former Front Royal resident has expressed interest in buying four acres owned by the Avtex estate but leased to the town for the Ed Stump Playground.

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