The Warren Sentinel

Article date: March 21, 1996

 New legislation may hasten Avtex reuse

 By: Teresa Brumback

Rep. Frank Wolf (R- 10th) is trying to change the Superfund law so that the Warren County Redevelopment Board can clear the way for new investors at the Avtex site and neither the board nor the new owners will have to worry about liability.

Wolf introduced a bill in the House Monday to exempt from federal liability certain state and local redevelopment boards, spurring reuse of Superfund sites. The bill would also protect the new "fresh start" owners and users of those sites from liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, also known as the Superfund law.

Wolf's legislation, consistent with ongoing efforts to reform the much-criticized law, would apply to the Avtex-FMC site in Front Royal and scores of other Superfund sites across the nation. Virginia has 26 Superfund sites.

The federal legislation parallels successful state legislation (HB 1211) introduced by Del. Jay Katzen (R-31st) in the House, and co-patroned by Sen. Russell Potts (R-27th). The state legislation, which shields boards and site purchasers from state liability, passed both houses and is now on Gov. George Allen's desk, awaiting his signature, Katzen said Tuesday.

Wolf's bill has been referred to the powerful House Commerce Committee chaired by Virginia Rep. Tom Bliley (R-7th), of Richmond.

Fred Foster, president of the Warren County Redevelopment Board, was exuberant Tuesday at the latest state and federal developments.

"We've worked on this the last three and a half years. It looks like it will be reality within the next year," said Foster.

Once the bill is signed, "it looks like we'll see something being done with the good portions of the Avtex site," he said.

"Getting the bill passed would help all the sites in the U.S. to protect the people who would like to invest in Superfund sites, without having that law hanging over their heads. It's unfair," Foster said.

Getting title to the Avtex site is the next step for the Redevelopment Board, once the federal legislation is passed to exempt the board from Superfund liability, Foster said. As the law is now written, all past and present owners of Superfund sites can be held liable for environmental damages under the law's retroactive liability provision.

Under Wolf's bill, redevelopment corporations and "fresh start users" of the site that have nothing to do with the pollution would not be held liable.

"This legislation is a good government measure which would give state and local governments needed flexibility in the transition of Superfund sites into productive uses," Wolf said, in introducing the bill in the House. "Moreover, shielding the 'fresh start user' from liability for an act for which the new user has no blame is essential to attracting a new business user which would otherwise be deterred by the potential for liability under the current complicated liability structure."

Presently, a local governmental entity such as the WCRB, assuming ownership or control of the site for the purpose of finding a new owner for the property, could be held liable for cleanup costs even though it did contribute to the pollution of the site.

Wolf said matters are complicated at Avtex because the Environmental Protection Agency has proposed to segregate "clean" portions of the site and authorize title of the clean sites to a new governmental, industrial or business owner.

But taking control of such a clean portion of the site is risky for the new entity, because it could then be held liable for any further remediation required at the site, the congressman said.