Hazardous-Waste Laws
and the Developer
by Jeffrey G. Gilmore & Karen E. Harrison
In assessing a potential building site,
developers should be aware that even
undeveloped land may have been a
dumping ground, either legal or
illegal, for hazardous waste.
Furthermore, these sites needn't be
the work of big industry; many small
businesses have created hazardouswaste
sites. Thousands, for example,
have been created by gas stations that
are now closed. Many of these sites
occupy prime commercial land.
Prospective developers should
consider several risks. First, exposing
employees to hazardous waste on the
job site creates tort liability for any
illnesses that result. Second, the
developer, if also an owner, is liable
to the federal government for the
cost of site cleanup-even after