The Northern Virginia Daily

Article date: February 08, 1996

 Bill to help with Avtex site supported

 By: Diane Hartson

RICHMOND -- A bill that will make it easier to redevelop the closed Avtex Fibers plant in Front Royal and 24 other federal Superfund sites in Virginia sailed out of the House Conservation and Natural Resources Committee on Wednesday.

Avtex Redevelopment Corp. President Frederick G.Foster told the committee that the legislation, which was introduced by Delegate Jay K. Katzen, R-Markham at the corporation's request, was a "common sense bill."

Current law holds new owners of Superfund sites responsible for pollution found there after they take ownership, even if they had nothing to do with contaminating the sites.

Katzen's "Remediated Property Fresh Start Program" bill would eliminate that unfair provision while leaving other environmental laws against polluters intact, Foster said.

"This is a fresh start user who (under Katzen's bill) can't be sued for past contamination," he said. "Let's get these properties back on the tax rolls and let's not penalize the new user."

Foster's group was appointed by the Front Royal-Warren County Economic Development Authority to take on the task of redeveloping cleaned-up portions of the Avtex plant.

Those efforts have been stymied at least in part by fears that if the corporation or an industrial user takes ownership of those portions of the plant, it could be held responsible for pollution left there by prior owners.

Although the bill was inspired by the Front Royal site, the state's other 24 Superfund sites are included in it.

Patty Jackson, a lobbyist for the James River Foundation, spoke against the bill, asking the committee to carry it over until the 1997 session.

But the committee voted 19-2 to approve the legislation and send it on to the full House for a vote.