The court found that, during this period, the applicant had entered into an agreement with the California Department of Toxic Substance Control (CDTSC), the state authority that enforces CERCLA`s affairs. The applicant coordinated their work with the Agency and, as such, acted appropriately with respect to the location conditions. Accordingly, the Tribunal found that the applicant deserved the name BFPP. The EPO and DOJ use interest purchase agreements (ASAs) or prospective financing leases (EPAs) to address the liability issues of third parties who wish to clean up and reuse contaminated real estate. Even after the addition of the BFPP provision, the EPO and the DOJ recognized that an AEA or other third-party agreement with the federal government on certain sites of federal interest, such as. B the NPL sites, could be likely to remedy the liability problems related to the promotion of rehabilitation and reuse. See agreements with third parties for the remediation and reuse of websites on the SuperFund`s national priority list (April 17, 2018). The model agreement provides for a non-recourse and contribution protection agreement, in exchange for the completion of remediation work by the party and the reimbursement of certain cleaning costs of the EPO. While the provisions of the CPO are being implemented, Congress has authorized the EPA, at its sole discretion, to ensure that no enforcement action is taken against an OPC because of the contamination that is causing the action of its neighbours.
Congress also authorized the EPA to enter into a transaction agreement with the CPO, which provides them with cost coverage and/or protection of contributions from potentially responsible parties on the ground. Once the clean-up of a site is completed, the EPA may place a “wind pledge right” on the BFPP grounds. The wind wager is the lower amount of either: (1) the amount of unheded remediation costs incurred by the EPO or (2) the increase in the fair value of the property attributable to the recovery of the super-discovery. Information on the appropriateness of an insurance letter or agreement can be found in the EPA`s guide to provisional sedition of related homeowners (13.01.2004). In order to eliminate any liability problems at these sites, the Epa and the Ministry of Justice (DOJ) have adopted a standard agreement of CERCLA and an agreement to approve the distance operation by an interested party of Bona Fide for use in places of federal interest where the BFPP wishes to carry out some clean-up operations. The model agreement provides for a non-recourse agreement and the granting of contribution protection in exchange for the completion of remediation work by the BFPP and the reimbursement of the EPO`s monitoring costs. Before executing a lease agreement, parties often do not have the time or resources to carefully consider whether the owner is qualified as BFPP according to CERCLA. Since CERCLA imposes strict and shared and multi-responsibility liability on contaminated property operators, a tenant may be advised to take the necessary steps to appeal to the BFPP defence under CERCLA, if the EPA taps on the cost of the response.