Site contamination

Hi Carol, are you saying that you may be building the project and applying for LEED certification before the site is remediated? I would think that LEED is not going to accept this. The requirements are pretty clear that remediation is required—not planned remediation. What if the state program doesn't pan out?

Carol, I don't see any problem with your plan for remediation. It seems perfectly fine. I'm not sure what you're asking about? When you first posted the question I thought you had a question about timing, but now I'm not sure.

Carol, Based on assumptions, I see two issues here. First, have you received any encouragement from the state that your project can comply with the Innocent Landowner defense? The reason I ask is that the school must have undertaken all appropriate inquiry into the previous ownership and uses of the property in order to comply. According to the EPA, persons desiring to qualify as innocent landowners must perform "all appropriate inquiries" prior to purchase and cannot know, or have reason to know, of contamination in order to have a viable defense as an innocent landowner. This dates back many years. The second concern is whether or not GBCI would accept a remediation plan based on the premise that remediation may be done, if at all, only after a potentially protracted legal process. I agree with Tristan and suspect not. Unless the state allows for extenuating circumstances, it appears to me the previous owner would have legal standing here. In addition to protecting the new owner, the Innocent Landowner defense protects the previous owner as well.