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TOXIC SUBSTANCES CONTROL. DIV ISI ON <br /> MANAGEMENT MEMO <br /> MANAGEMENT MEMO W-11 <br /> PROGRAM MANAGEMENT MANUAL VOLUME' Site Mitigation <br /> TITLE: RP - Ownership of Property Over Contaminated Ground Water. <br /> Determining whether to Pursue Cost Recovery or Enforcement <br /> Actions Against Property Owners whose Land overlies Contaminated <br /> Ground Water Solely on the Basis of Land ownership <br /> AFFECTED PROGRAMS <br /> Site Mitigation, Cast Recovery, Toxics Legal office <br /> BAC&GROMM <br /> State and federal laws regarding site mitigation (Comprehensive <br /> Environmental Response, Compensation and Liability Act of <br /> 1980/Superfund Amendments and Reauthorization Act (42 United <br /> States Code 9607 (a) (1) ) and Chapter 6.8 of the Health and Safety <br /> Code (H&SC) ) provide that persons owning property where <br /> 11 . .hazardous substances have come to be located. . ." may be <br /> liable for response costs and may be subject to various orders <br /> ... This definition is clear, and is without regard to the origin of <br /> the hazardous substance. Thus such land owners, according to the <br /> law, are responsible parties. The statutes also provide certain <br /> defenses to liability. In some cases, ground water flow carries <br /> contaminants in the subsurface under property awned by a person <br /> having no relationship to the original release, except ownership <br /> of property over contaminated ground water. <br /> POLICY: <br /> As a general policy, the Toxic Substances Control Program will <br /> not pursue or enforce action against a person who is a <br /> responsible party solely on the basis of ownership of land <br /> overlying contaminated ground water. Exceptions to the general <br /> policy may be made, however, if approved by the Deputy Director. <br /> If, however, the person has caused or contributed to the release <br /> in some way, or if the, person's activities significantly spread <br /> the contamination or exacerbate the problem, then this policy <br /> does not apply. The following are examples of activities to <br /> consider under this policy: (1.) extraction, injection, and other <br /> operations that affect ground water hydraulics, (2) improper <br /> construction or operation of wells connecting contaminated and <br /> uncontaminated aquifers=; and (3) pumping from a well that <br /> increases the rate of flaw of contaminated ground water. <br /> EXHIBIT B <br /> OHS 9417 12/88} <br />