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Legal Policy and Guidance Related to Reuse

The Davie Landfill is now Vista View Park, which includes walking trails, bike trails, horse trails, picnic shelters, and a catch-and-release fishing pond.

The following legal guidance documents are important because they detail how to address federal Superfund liability issues before you use or purchase a Superfund site as well as other issues that may arise on sites, such as EPA liens. Specifically, they provide information on the criteria one must meet in order to qualify for 'bona fide prospective purchaser' status, under what circumstances a windfall lien may be placed on your site, and EPA approaches for resolving potential windfall lien concerns.

  • 2002 Brownfields Amendments
    By establishing that landowners who qualify as bona fide prospective purchasers, contiguous property owners, or innocent landowners that are not liable under Superfund, this amendment to CERCLA can support reuse and revitalization of Superfund properties.
  • Guidance for Obtaining 'Bona Fide Prospective Purchaser' Status (Common Elements Guidance)
    This guidance describes the eight criteria landowners must meet to qualify for 'bona fide prospective purchaser' status. Specifically, this guidance discusses the threshold criteria (criteria that must be met before purchasing a site) for performing 'all appropriate inquiry' and demonstrating no 'affiliation' with a liable party as well as related issues (e.g., criteria that a buyer must continue to meet to maintain liability protection status).
  • All Appropriate Inquiries Rule
    Enacted November 1, 2006, "All appropriate inquiries" is the process of evaluating a property's environmental conditions and assessing potential liability for any contamination.
  • Windfall Lien Guidance
    Describes the 'Windfall Lien' provision of the 2002 Brownfields Amendments. Specifically, the document articulates factors that may lead EPA and the Department of Justice (DOJ) to assert a Windfall Lien and provides examples of situations where EPA will not pursue a Windfall Lien.
  • Policy on the Issue of Comfort/Status Letters
    This document demonstrates the types of letters that EPA may issue to parties seeking to purchase, develop, or operate on contaminated or potentially contaminated property to provide some level of "comfort" that EPA will not pursue them for the costs to clean up any contamination resulting from previous use.
  • Contiguous property owners
    Memo that addresses interim guidance regarding liability limitation for landowners who qualify as contiguous property owners as defined in the 2002 Brownfields Amendments.
  • Additional liability policy and guidance
    Contains additional EPA model documents and guidance on liability and settlement procedures under Superfund and CERCLA.