What is a 21E test?
The term “21E” has become used to refer to an Environmental Site Assessment, usually performed during a real estate transfer. Massachusetts General Law Chapter 21E was originally designed to regulate and promote cleanup of oil and hazardous materials in soil and groundwater in the Commonwealth of Massachusetts.
What is Massachusetts 21E?
21E Massachusetts Oil and Hazardous Material Release Prevention Act also known as the State Superfund Law is the statute encompassing issues related to the identification and cleanup of property contaminated by releases of oil and/or hazardous material to the environment. Widely referenced as merely “21E”.
What does a Phase 1 environmental cost?
between $1,800 and $3,500
A Phase 1 Environmental Site Assessment cost varies depending on the location and characteristics of a property. As of 2021, the average Phase 1 Environmental price ranges between $1,800 and $3,500. And in rare instances, Phase 1 ESA prices can be as high as $6,000.
What is a cercla site?
The Comprehensive Environmental Response, Compensation, and Liability Act — otherwise known as CERCLA or Superfund — provides a Federal “Superfund” to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment …
What is the Massachusetts Contingency Plan?
The Massachusetts Contingency Plan (MCP) is a body of regulations designed to streamline and accelerate the assessment and cleanup of releases of oil and hazardous materials to the environment.
Who is liable under CERCLA?
CERCLA clearly imposes liability on the person or entity that actually owns the contaminated facility. Indeed, courts have imposed liability on the owner of the facility despite arguments that the owner had no responsibility or control over the disposal activity.
Who can bring a claim under CERCLA?
In addition, CERCLA § 310(a) allows citizens to file a civil action against the President or any other officer of the United States (including the EPA Administrator and the Administrator of the Agency for Toxic Substances and Disease Registry) for alleged failure to perform any non-discretionary act or duty.
When can CERCLA be used?
Under 42 U.S. Code § 9606, CERCLA allows for enforcement “when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility.”
How is CERCLA enforced?
The EPA enforces CERCLA through the Superfund Enforcement program. This program allows three options for the EPA to enforce the law if responsible owners and operators of a site are found and can pay for cleanup costs: administrative and judicial orders, voluntary settlement agreements and cost-recovery actions.
Who is liable for cleanup under CERCLA?
CERCLA imposes liability on “persons” (referred to as “potentially responsible parties” or “PRPs”) for the cleanup of “facilities” where the release or threatened release of “hazardous substances” disposed at the facility results in the incurrence of response costs. §9607.
How long is a Phase 2 ESA good for?
says that past investigations can only be relied on for 1 year, then the Phase II work has the same 1 year time frame.
How long does a Phase II ESA take?
approximately four weeks
Generally, the Phase II ESA will take approximately four weeks.
Who can sue under CERCLA?
CERCLA allows private parties to recoup their cleanup costs from other PRPs. When a private party incurs costs, it may sue under CERCLA Section 107(a) to recover from another PRP all costs that are necessary and incurred consistent with the NCP.
Does CERCLA apply to residential property?
Under the Residential Homeowner Policy, EPA will generally not take a CERCLA enforcement action against an owner of a residential property unless the homeowner’s activities lead to a release or threatened release resulting in the taking of a response action at a site.
What is the purpose of a Phase 2 ESA?
The purpose of Phase ii environmental assessment is to assess the presence or absence of hazardous substances on the surface. This is done by collecting soil and groundwater samples.