The Northern Virginia Daily

Article date: February 13, 1996

 Delegates endorse bill designed to aid reuse of Avtex plant site

“I am very pleased with the passage to third reading of my 'Fresh Start' legislation.”

Delegate Jay K. Katzen, R-Markham

By: Diane Hartson

Officials from the Avtex Redevelopment Corp. can now breathe a sigh of relief.

A bill aimed at easing reuse of the closed Avtex Fibers plant that had been stalled by opposition from some House Democrats last week was passed by that body Monday on a voice vote.

House Majority Leader C. Richard Cranwell, D-Vinton, and Delegates William P. "Billy" Robinson, D-Norfolk, and A. Donald McEachin, D-Richmond, opposed the bill, which was approved by the House on Friday, but then pulled back for reconsideration on a motion by Robinson.

Under current law, later users of Environmental Protection Agency Superfund sites such as Avtex are held liable for pollution discovered after they take ownership, even if they had nothing to do with the contamination.

The corporation's bill, which was sponsored by Delegate Jay K. Katzen, R-Markham, would remove that "future" liability, provided the new users had no responsibility for the pollution found.

It's called the Remediated Property Fresh Start Program Act and is aimed at allowing redevelopment of clean portions of Superfund sites.

Cranwell said he was concerned that the bill was too broadly written and would prohibit neighbors of Superfund sites from seeking relief if their land became polluted because of the actions of the new users.

Katzen offered a substitute Monday to his bill that clarified that language but made no substantial changes to the intent of the bill, according to his legislative aide, Marge Van Damen.

Katzen drafted the substitute with the help of Harry Kelso of the state Department of Environmental Quality to ease the fears of those opposing the bill, she said.

The substitute eases future liability for “any person not otherwise liable under state law or regulation that acquires any title, security interest or any other interest" in a Superfund site.

Katzen's bill would be statewide in its application, affecting all 25 federal Superfund sites in Virginia.

Ms. Van Damen said Katzen drafted the substitute because he had been told that Cranwell, McEachin and Robinson intended to push through floor amendments limiting the bill to Warren County.

The bill was approved in its second reading by a voice vote and will have its third and final vote today.