TRANSPORTATION AGENCIES AS POTENTIALLY RESPONSIBLE PARTIES AT HAZARDOUS WASTE SITES

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report is a new paper, which continues NCHRP's policy of keeping departments up-to-date on laws that will affect their operations. This paper will be published in a future addendum to "Selected Studies in Highway Law" (SSHL). This report discusses the various methods being used by state agencies when confronted with hazardous waste problems. Discussions on court cases and valuation strategies are included. The report should be useful to attorneys, administrators, planners, right-of-way officials, appraisers, environmental analysts and transportation agencies' financial officers. The report is organized as follows: Executive Summary; (A) Introduction; (B) Basis for Transportation Agency Responsibility; (C) Regulatory Actions Against Transportation Agencies; (D) Limiting Costs by Taking Cleanup Costs into Account in Property Acquisition; (e) Recovery of Cleanup Costs; (F) CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) Reauthorization; (G) Conclusion; Appendix A--Sample Indemnification Agreement--Construction Contract; Appendix B--Sample Indemnification Agreement--Acquisition; and Endnotes.

• Record URL:
  http://onlinepubs.trb.org/onlinepubs/nchrp/docs/nchrp_lrd_34.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Publication Date: 1995-11

Language

• English

Media Info

• Media Type: Digital/other
• Features: Appendices;
• Pagination: 30 p.
• Serial:
  • NCHRP Legal Research Digest
  • Issue Number: 34
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Cost recovery; Hazardous wastes; Highway law; Legal action; Liability; Oil spill cleanup; Property acquisition; Regulation; State departments of transportation; Valuation; Waste disposal
• Old TRIS Terms: Comprehensive environ resp, compens and liabil act; Indemnification agreements; Regulatory actions
• Subject Areas: Design; Finance; Highways; Law; Planning and Forecasting; I21: Planning of Transport Infrastructure;

Filing Info

• Accession Number: 00716803
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Feb 6 1996 12:00AM