Laserfiche WebLink
Donna. schimeck -3- July 18, 1990 <br /> I do not have any present knowledge concerning the extent of the <br /> named party's participation in the management and operation of <br /> the contaminated facility, although there appears to be some <br /> involvement in that facility. <br /> Sines it is the responsibility of a local agency under our pilot <br /> program contracts with those agencies tip identify the <br /> responsible party, I recommend that you'f provide a copy of this <br /> memo to the local agency and ask them to make a determination <br /> concerning whether, given the specific facts involved, the named <br /> party can be identified as the appropriate responsible party in <br /> this case. <br /> 2. Can the savings institution which currently holds legal <br /> title to the property be named as ai resgonsible party? <br /> As previously indicated <br /> �.L 1 c4ti � anrt oversiaht c,,t <br /> .,;� � shay 'limey `extends to those, like the savings <br /> u ion, who became owners by virtue of foreclosure <br /> proceedings . <br /> l <br /> In the present circumstances, however, the savings institution <br /> may seek to have the foreclosure rescinded. The effects of <br /> rescission are to annul or void the actiion, planing the parties <br /> in a position as if the action had nevdix taken place. if in <br /> fact the rescission occurs, I believe it would be very difficult <br /> to hold the savings institution liable for the cleanup costs, <br /> although I am not aware of any specific case on this subject at <br /> the present time. <br /> As with the response to question No, 1-,� this a situation which <br /> should be investigated by the local agency which has a <br /> contractual responsibility under the pilot program contracts to <br /> identify the appropriate responsible party. <br /> As a final comment, the local agency has indicated in its letter <br /> of December 5, 1989 to Mike McDonald, that the program's <br /> instructions to local agencies have be€n; to place site in the <br /> pilot program only where a willing resp"Onsihle party can be <br /> identified. It does not appear that there is such a willing <br /> party in the instant case. <br /> Attachments (3) <br /> I� <br /> cc : James Winchell, OCC III <br /> Mike McDonald, CWP <br /> Paul Johnston, CWP !� <br /> I� <br />