Plow depth and EPA

[BAP]

I would:
1) Find a Great Lawyer
2) Contact the Department of Defense as they were involved in this back years ago.
3) Find out what the company was that ten the munitions plant and see if they are still around. If they still exist, then find a way to go after them for the liability.
4) Contact every Senator and Congressmen in your area and plead your case, and ask for help.
5) Depending on how long ago the real estate transaction took place, you may be able to go after the previous owners for Non-Disclosure of the buried material.

 

[Pherron2008]

Thanks for your reply, regardless.
My wife is Canadian, and she is so angry about this that she is asking me to consider relocating our family to Canada.

 

[Pherron2008]

Thanks for your reply. I appreciate the support.

 

[Pherron2008]

I don't remember the size plow. I think it was a two bottom. We loosely specialized chores. My uncle, partnering with my Dad always did the plowing. My tractor job was to cultivate corn. We all helped get in the hay and other tasks.
Thanks for your reply.

 

[tjcarguy]

I'd hire an undocumented to plow ---Trevor

 

[Pherron2008]

Thanks for your reply. We do have a great lawyer, who actually helped draft the law the EPA is using against us. He says that this was not the intended purpose for the law. The EPA has contacted the agencies you mentioned, and is allocating percentages of damages. Our involvement is simply that we were owners of the land. The fact that we weren't aware of the buried explosives, much less had no role in burying them is irrelevant, due to the provisions of CERCLA.
Ironically, the EPA has found the Department of Defense (formerly War Department) harmless, as well as the Dept of Army and Navy, for whom the explosives were intended.

We went the route of local elected officials a few years ago (we are nearing the 10th anniversary of the EPA claims against us), and didn't get anywhere. Once we get the final claim from EPA we will try again.
Again, thanks for replying.

 

[Utopia Texas]

Just out of curiosity.....have you personally witnessed any of this ordinance just sitting on top of the ground where your family plowed in the past?

 

[Dr_Zinj]

At the very least you should be able to deduct 100% of the costs of remediation from your taxes. If not, then you need to take them to court, very publicly, with invitations to major news networks, and the ACLU.

 

[HCJtractor]

Are they actually billing you? What amount are they claiming you owe?? Do they have more clean up planned?

 

[oldpilgrim]

One reason given - our plowing had spread the buried munitions around, thus making the cleanup more expensive.

total BS.

Your family would have seen something on the surface of the ground sometime during the past 50 years.

They just don't want to foot he bill.

Get a lawyer.