Legal Issues for RPMs and OSCs focuses on key legal aspects related to entering private property for implementing the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response actions and efficiently managing site records. Topics to be covered include (1) understanding the sources and limitations of entry authority under the U.S. Constitution (due process, takings and free speech), CERCLA and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP); (2) strategies for obtaining consent from property owners for site access; (3) methods for documenting consent to enter properties; (4) clarifying what constitutes a record; and (5) tips for effectively managing email communications. Failure to address the legal issues surrounding private property entry and site record maintenance may lead to significant adverse consequences, including loss of cost recovery opportunities, claims against the government, and personal lawsuits against the Remedial Project Manager (RPM) or On-Scene Coordinator (OSC). This course provides OSCs and RPMs with the necessary procedures for obtaining property access under various circumstances and emphasizes the importance of maintaining organized and up-to-date site records.

Course Objectives: 

• Learn the role of the U.S. Constitution, CERCLA, the NCP, delegation, guidance and site-specific documents in obtaining access to private property to conduct work under CERCLA.
• Understand the process for obtaining and documenting access to private property under diverse conditions including, but not limited to, dealing with uncooperative property owners.
• Recognize the role of EPA counsel in assisting RPMs and OSCs with lawful property access.
• Learn the importance of managing site records, including emails, to support successful cost recovery actions.

The Legal Issues for RPMs and OSCs course is recommended for new EPA Superfund OSCs and RPMs to gain an understanding of the laws, delegations, and guidance for their roles. It also serves as a valuable review for more experienced OSCs and RPMs.

This class is open to EPA staff only.
 

Registration for this training is open to U.S. EPA employees ONLY.