I am investigating the possibility of buying a lot that once had a filling station on it where they sold primarily gasoline. This station has not been active since 1974. Is there a statue of limitations on what the EPA from the State of Illinois requires you to do with a piece of property as relates to soil remidiation, tank removal and other potential clean-up functions?
Tried to google for an answer but could not get anything conclusive. Left a message with the Illinois EPA and did not receive a return reply.
Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
There is not a statute of limitations for soil remediation, or other clean up.
Under CERCLA, you can be held liable retroactively if the substance is hazardous (but CERCLA exempts oil)
However, RCRA and the CWA do not have a statute of limitations (because they are meant to cure defects (to prevent harm to the public)
The supervening public policy is to protect the public, here.
... rather than helping the private landowner.
If there's anything more I can do to help, just ask.
Well, I have only got $1,000.00 into a down payment on a purchase agreement at this time and I have not finalized an agreement to buy. If I walk now, I believe I would loose my grand but that's better then having to pay $25,000.00 (Wild harry guess) for cleanup and tank removal. Are these agencies that you refer to the State of Illinois agencies or federal agencies? What do they stand for and how do I contact?
Those are federal laws promulgated by the EPA; the State EPA might be even more restrictive.
And, just so you know, 25,000 is likely much less than you will owe I'm afraid.
Max, seems like the smart thing for me to do is to cancel the pending purchase agreement and forfeit my $1,000.00 if I have to. The property is NOT worth more then 40 to 60 K if fixed up and repaired to livable standards. Sounds like the risks out weigh the potential benefit. Would you like to see the agreement? I think I can attach for your quick perusal.
I'm not allowed to do that per Justanswer rules.
But, based on what you say, I agree.
The cost would likely be more than 60k
I understand. Thanks for the support and I will acknowledge your Great Service below. TNX George
You are most welcome.
I am responsive, respectful, and relentless.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).