The Northern Virginia Daily

Article date: March 01, 1996

 Bill on Avtex reuse advances

By: Diane Hartson

A bill aimed at easing efforts to reuse the former Avtex Fibers property in Front Royal was approved Thursday on a unanimous voice vote by the Senate Agriculture, Conservation and Natural Resources Committee.

The measure lifts the law that holds future users of Superfund sites, such as Avtex, responsible for pollution found later that they had no responsibility for creating.

The bill, sponsored by Delegate Jay K. Katzen at the request of the Avtex Redevelopment Corporation, ran into opposition on the House side before being approved two weeks ago.

But Katzen said he expects no such difficulties when the measure makes it to the Senate floor.

"I think not because we went to the people (opposing it) in the House and accommodated their concerns," he said.

At Katzen’s request, the House added language to ease concerns voiced by House Majority Leader, C. Richard Cranwell, D-Vinton, that the bill would prohibit neighbors of Superfund sites from suing over later users.

"This bill will encourage the redevelopment of formerly contaminated sites on the National Priorities List (Superfund) in Virginia that have been remediated," Katzen told the Senate committee.

The bill does that by "not having an innocent party that acquires property be subject to civil enforcement or remediation action for contamination" it had nothing to do with, he said.

"This could enhance localities in having properties that are non-producing due to contamination returned to the tax roles," he said.

Attending but not speaking at the committee meeting were Peter V. Walker and Brian M. Madden, members of the local corporation's board. The nonprofit corporation was appointed by the local Economic Development Authority and given the task of overseeing reuse of the Avtex plant.

The bill, which was passed with no debate by the committee, affects not only the Avtex site, but the state's other 24 Superfund sites.

Sen. H. Russell Ports Jr., R-Winchester, will act as floor manager for the bill when it reaches the full Senate today or Monday, Katzen said.

"It's in good shape for passage," he said.