ASTM E 2790:2020

The purpose of this guide is to provide information and guidance related to the process of identifying and fulfilling continuing obligations at commercial real estate, and forestland and rural property that is contaminated by hazardous substances within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq.), petroleum products, or other contaminants that require cleanup under federal or state law (collectively hereafter chemicals of concern). Because of the importance of federal law, this guide largely focuses on continuing obligations applicable to the innocent landowner (ILO), the contiguous property owner (CPO), and the bona fide prospective purchaser (BFPP) protections from CERCLA liability (hereinafter, collectively referred to as the "CERCLA Landowner Liability Protections," or "CERCLA LLPs") (see Legal Appendix X1 to Appendix X3 for an outline of CERCLA's liability and defense provisions). However, the continuing obligations arising from CERCLA LLPs are often very similar to the types of continuing obligations that state laws set as conditions for state liability protections. And, therefore, the purpose of this guide seeks to help users who wish to perform continuing obligations because of concerns over CERCLA liability and also extends to help users who wish to perform continuing obligations because of concerns over state law liability. Similarly, where sound risk management rather than a desire for liability protection is the goal, the procedures recommended in this guide can also prove useful. Intended Scope of Standard Guide: - As a standard guide, this document provides a compendium of information and options but does not recommend a specific course of action. As a guide, the purpose of this standard is to simply increase the awareness of possible techniques or procedures related to continuing obligations and to offer guidance based on a consensus of viewpoints, but not to establish a standard practice to follow in all cases.

13.020.40