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The disposal of the petroleum should be done in a way least harmful to the human and natural environment. The price of the property will depend on the level of environmental degradation, therefore, the more the levels of contamination, the lower the price of the property and the other way round. The existing legislation in the state government where the Brownfield is located should be put into consideration, to determine the procedure the voluntary buyer will use in acquiring the property. The client will also need to know the legal issues that may arise from acquiring such a property, therefore, the services of an environmental attorney will be come in handy.
The attorney will determine whether, in consideration to the current legislation the activities being conducted on the property are legal or not. This way the reputation of the client will be maintained and any legal issues arising will be anticipated. Before purchasing the property the client needs to get all the permits, licenses and approvals by the owner of the property, on compliance with state and federal government regarding environmental regulations. The documents should also reflect the right to be in possession of hazardous materials, and the means of disposal.
The client should identify the partnerships that they will engage in and what they intend to set up in the site. Some of the property buildings which may not be in such good shape, therefore the voluntary buying party will need to make a decision whether to demolish or renovate them. A review of all the environmental records will be important to determine whether the current holders comply with the set regulations or not. Since the staff and management are not straight forward with their businesses and dealings, the potential buyer will need to use public information on the property.
Using the services of the environmental attorney, they should draw up an agreement, to come up with compensation mechanisms, just incase an individual or group sues for compensation in future. This may be due to the harm caused by the activities of the premise, before the current owner acquired possession of the property. 2) If your client assumes responsibility for clean up and wants you to head the clean up effort, what are some of your first steps? The voluntary buyer of the parcel of land, together with the buildings, has seen the potential of the property, regardless of the fact that it is contaminated.
Clean up exercises when done correctly, have the potential to change the landscape of otherwise unproductive and polluted pieces of property. The benefits of conducting clean up exercises are improved human and environmental health and profit margins to the new developer. - The first step will be acquiring more information on the parcel of land for example tax records and the real owners of the land. This step will be crucial putting into consideration that the management and staff in charge of the project were not so forthcoming with details such as existence of petroleum products, something which is very crucial.
- The next plan of action will be to sign a contract, which will state clearly the scope of work, important definitions of terms and confidentiality of the terms. This will be important when legal issues arise and one of the parties or a third party decides to go to court. The contract should state clearly how the clean up
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