The Northern Virginia Daily

Article date: February 10, 1996

 Vote rescinds bill that would ease Avtex redevelopment

By: Diane Hartson

RICHMOND -- A bill aimed at easing redevelopment of the Avtex Fibers Superfund site in Front Royal was given voice-vote approval Friday by the House of Delegates with no debate.

But the bill could be in trouble because shortly after it was taken, the vote was rescinded when Delegate William P. "Billy'' Robinson, D-Norfolk, asked that the House reconsider it.

The measure sponsored by Delegate Jay K. Katzen, R-Warren County, at the request of the Avtex Redevelopment Corp., a nonprofit group given the task of overseeing redevelopment of clean portions of the plant, which closed in 1989 after more than 2,000 violations of environmental laws.

Reuse of the clean sections of the plant has been stymied at least in part because under current law, future users of a Superfund site can be held liable for pollution found after they take control of it, even if they had nothing to do with the contamination.

Katzen's bill, called the Remediated Property Fresh Start Act, would require that nonprofit organizations or anyone who buys the property from any such organization not be held responsible for pollution discovered for which they had no responsibility.

It applies to all of the 25 federal Superfund sites in the state.

Robinson cited no reason for overturning the vote approving Katzen's bill.

Katzen said later that Robinson, House Majority Leader C. Richard Cranwell, D-Vinton, and Delegate A. Donald McEachin, D-Richmond, had questions about the bill and wanted those answered before passing it.

"The problem I have is some sweeping exculpatory language" in the bill, Cranwell said.

He is particularly concerned about language that prohibits civil suits against the nonprofit organizations and later purchasers.

"I don't want to see some poor farmer with land next to these later to find out the EPA didn't do its job (in declaring the site clean) and this poor soul can't go after anybody," Cranwell said.

As an attorney, he represents many farmers and one of their greatest fears is contamination of their water source, he said.

Cranwell said he also is concerned that the bill applies to all Superfund sites in the state.

"I don't have any problem with taking care of the Avtex site," he said. "I just want to be sure we're not going too far."

Katzen said the opponents are worried about the effect the bill will have on neighbors of Superfund sites.

"That it will have an effect is obvious," he said. "The fact that he's got a neighbor who is taking care of that property instead of rats and weeds that it's creating jobs for his children, that his taxes will be held at the current level or even be lowered. There are effects, but they are all positive."

Cranwell said he may offer floor amendments when the bill is reconsidered today, but he doesn't know what those will be.

And he doesn't know whether those will include an amendment to limit the bill only to the Avtex site, he said.