What follows is the full text of Bill S.325, introduced in the Massachusetts legislature this term.
SECTION 1. LIABILITY RELIEF In the event an individual or group
of individuals unknowingly purchase contaminated residential land
that does not qualify for Brownsfield funding and are not the
polluter, they must be relieved of liability and fines in
connection with said pollution. The Department of Environmental
Protection(DEP) must be proactive in balancing public safety with
feasibility. Specifically, where you have residential land that
naple is present on part of the land. And, the innocent land owner
wants to build over the area naple is not present and designate
through an activity use limitation (AUL) the area with naple
subsurface as a parking area, the DEP must accept, in a timely
manner, this as a permanent solution where there is no eminent
danger to environment and man.
SECTION 2. MANDATE FUNDING In the event, where the DEP desires
additional testing (fishing expedition) the DEP must perform said
testing without cost or harm to the innocent land owner.
SECTION 3. LICENCE SITE PROFESSIONAL CONFLICT(LSP) In order to
prevent the appearance of a conflict of interest, there should be a
different LSP at each phase of the permanent solution steps.
I invite readers to top this as a model of succinct legislative drafting. Fortunately, this bill is not in eminent danger of being enacted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.