Colorado Hazardous Waste Contamination
Environmental Contaminates · Industrial Waste · Ground Water and Soil Contamination
Both federal and state law has provisions for dealing with environmental contamination as well as water pollution. If you own property that has soil or ground water contamination, it is important to retain the services of an attorney well versed in real estate law, and environmental law on both the state and federal level. At the law firm of Harmon S. Graves, P.C. we have over 40 years of experience helping property owners deal with their hazardous waste contamination legal concerns.
Concerns of Property Purchasers
If you are considering purchasing commercial or industrial property, you need to protect your investment. It is important you thoroughly investigate the property you are buying to see if any illegal dumping or accidental chemical spills have ever taken place on site or nearby. Chemicals can leach into the ground and contaminate the soil and water adjacent to the spill. Additionally, oil and gas leaks can be pollutants, which compromise the quality of nearby water and soil. Environmental assessments are now fairly routine and reliance on the seller’s disclosures is risky. Moreover, in order to qualify for the “innocent landowner”, “bona fide purchaser” and “contiguous property owner defenses” to liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) prospective purchasers must undertake all appropriate inquiries into previous use and ownership of the property. We can guide you through these compliance steps to avoid liability for ground water and soil contamination.
Legal Commentary
Contamination From Off Site Sources. While former service stations with leaking underground storage tanks are the biggest culprits in the pollution of soil and water in the Denver area, other industries can cause ground water and soil contamination. Post acquisition contamination from off site sources may adversely impact your property and an approved remediation plan imposed may be inadequate to address prompt cleanup. The gasoline additive MBTE, for example, often leads only to natural attenuation cleanup, which may take years to bring to acceptable levels, yet the highest and best use of property contaminatedwith MBTE may be compromised in the interim. Your property may suffer diminution in value and "stigma" damages. Litigation may be the appropriate recourse.
Vapor Intrusion. Real property owners, tenants and purchasers, as of March 3, 2008, are armed with ASTM standards to address the hazard of vapor intrusion into buildings. This hazard arises from the natural conversion of chemicals contaminating soil and groundwater into gas which then may find its way into buildings above through cracks in foundations. Chemicals of primary concern include TCE, PCE and TCA which have been linked to serious health defects.
The E2600-08 Standards have been designed to supplement Phase I environmental site investigations which do not require testing for vapor intrusion. Any such intrusion could significantly impact the value of property. As a result, owners may have little incentive to undertake the E2600-08 Standards unless pushed by potential buyers or lenders. Moreover, in order for buyers to capture the necessary remediation requirements, purchase contract specificity is needed.
We can assist either side of a real estate transaction in assessing the risks and benefits of invoking the ASTM vapor intrusion standards.
Put experience to work for you
When you need representation in a soil contamination matter, experience does count. At the offices of Harmon S. Graves, P.C., we have over 40 years of experience representing clients throughout the Denver metro area. If you are dealing with a hazardous waste contamination problem, contact our office to arrange for your complimentary 30-minute consultation.
Harmon S. Graves, P.C.
1950 West Littleton Blvd Suite 113 ● Littleton, Colorado 80120 ● 303.798.4262
Since 1961, environmental contaminates lawyer Harmon S. Graves has represented individuals, business and real estate clients throughout the entire Denver metropolitan area, including Arvada, Littleton, Englewood, Highlands Ranch, Colorado Springs, and Boulder, and in Jefferson County, Douglas County, Arapahoe County, Adams County, Mesa County and Boulder County.
