BP Gulf Oil Spill: Brownfield Site
Definition of Brownfield from the EPA: “With certain legal exclusions and additions, the term “brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”
The definition goes on to state:
“(D) ADDITIONAL AREAS- For the purposes of section 104(k), the term “brownfield site” includes a site that–
(i) meets the definition of “brownfield site” under subparagraphs (A) through (C); and
(ii)(I) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(II)(aa) is contaminated by petroleum or a petroleum product excluded from the definition of “hazardous substance” under section 101; and
bb) is a site determined by the Administrator or the State, as appropriate, to be(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and
(BB) a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and(cc) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or
(III) is mine-scarred land.”
Comments
Leave a Reply
You must be logged in to post a comment.
