Now the EPA is holding the city responsible for the contamination under the Superfund law. While the same situation could occur with people buying land at the old NAD, it is less likely now for a couple of reasons, he said. In 1985, U.S. Navy declared its responsibility for the contamination at the old depot and said it would not pursue other responsible parties. Also, the EPA, responding to pressure from Congress, has developed internal policies to make it safer for people to buy land on a Superfund site with little risk of becoming responsible for previous pollution. Nevertheless, there is still some risk, he said.
Internal policies can change.
In spite of the risk, Sullivan said, an Omaha bank recently underwrote a land transaction in the area and land in general is being bought and sold more frequently. Other agreements being negotiated with the EPA also could make industrial development safer from a legal standpoint, he said.