[WSBARP] Obtaining No Further Action after Cleanup

[Patti Thompson]

Although I didn’t respond to the earlier post, I can provide some insight.  NFAs are not easy to obtain, and have not been for several years as Ecology (not EPA) has tightened the criteria for a NFA.  A cleanup must be truly complete, meeting all cleanup criteria and standards, including the contant of cleanup reports.  I worked in a focus group regarding the new opinion letter standards several years ago.   I would be happy to talk with you (sorry for the self-referral).

Patti Thompson

[logo email]

3417 Evanston Ave N, Suite 431
Seattle, WA  98103

(206) 512-7060 cell (best number)
(206) 659-0189 voice
(206) 687-7206 fax
patti at thompsonenvlaw.com<mailto:patti at thompsonenvlaw.com>




From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Oscar Yang, Esq.
Sent: Friday, September 11, 2015 12:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Obtaining No Further Action after Cleanup

Hello Listmates--

Someone recently has asserted that the regulators typically do not issue no further action letters to property owners after cleanups are complete.  It has been my understanding that Ecology, our state government agency, addresses these concerns and issues a no-further-action letter for a fee, with or without using a voluntary cleanup program.  I would like to know how difficult it is to get the letter, as a practical matter.  Could this attorney have meant obtaining no further action determination from the US EPA?  If anyone with experience or knowledge on this issue could share his/her insights or related readings, that would be greatly appreciated.

Sincerely,

Oscar Yang, Esq. (WA/NY)
Managing Attorney
ES BERRY LAW PC

--
DISCLAIMER FROM ES BERRY LAW PC: This e-mail contains proprietary information some of which may be legally privileged, confidential or protected. It is for the intended recipient only. If an addressing or transmission error has misdirected this e-mail, please notify the author by replying to it and delete it. This email is for informational purposes only and does not constitute legal advice. Unauthorized forwarding, printing, copying, distribution, disclosure or use of such information is strictly prohibited. Unless specifically and clearly expressed otherwise, this email also should not be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150911/e7601510/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4344 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150911/e7601510/image001.jpg>