Legal Question in Real Estate Law in Pennsylvania
Bought an old doctor office to convert into home.
I Just bought an old doctor office to convert into a home. When I was cutting the woods back in the back yard I found a pile of medicine viles and A lot of old needles syringes (glass)
I bought the place from the local hospital which the doctor that owned it sold it to them. The doctor that sold it to the hospital is deceseased. I don't think the hospital knew about the old needles syringes being dumped there. I did get poked by a needle that's how I found out they were there. I thought it was a pile of old glass medicine viles.
In my deed it states No hazardous waste as the term ''Hazardous waste'' P.L. 97 section 405 (354 P.S. Section 6018.405) is presently being disposed of nor has it such hazardous waste ever been disposed of by the grantors or to the grantors personal knowledge on the premises herein conveyed.
I talked to a local lawyer in town and his advise was: It was now my property and if I opened my mouth I would have to pay the full clean up of the site. And he said the epa would fine me and charge me for the clean up. He also said for me to clean it up myself and not to say anything about it.
Is he right? or is he trying to protect the hospitals interests?I've owned the place now for a little over a month.
ty
Ted
1 Answer from Attorneys
Re: Bought an old doctor office to convert into home.
You asked about cleaning up potentially hazardous medical waste in a newly purchased property.
The advice provided to you by the other attorney, if you relayed it accurately, is illegal and potentially violates the law and the the Pennsylvania Rules of Professional Conduct.
He is correct to a degree. The present property owner is responsible for the clean up of any hazardous materials on that property. Hazardous materials must be cleaned up properly by removal and disposal in a manner as approved by the proper authorities. If anyone cleans up hazardous materials without following the proper protocol they may be breaking the law.
So, you may have hazardous materials on your property. The question is what to do now? You could ignore them. That leaves a problem that remains your problem. You could dispose of it in an expedient manner. That would expose you to the potential costs of civil and criminal penalties from various authorities. Or you could contact the hospital and discuss it with them.
In the end, you MAY be responsible for the initial costs of clean up as the current owner of a property. BUT, as the purchaser of a property you have a right to proceed against any previous owner of the property for contribution and also against any person who can be traced as a potential dumper of the hazardous waste even if the material was not considered hazardous waste when it was dumped.
Does all this make sense? Yes you can be forced to pay the cost of clean up. But you can then seek to pass that costs along to any previous owner, plus legal fees since it can be proved that your are an innocent party. If you contact the hospital my guess is that they will arrange to clean up the property without much of a fight. And if they want to fight I'd be happy to assist you.
Be aware, now that you know of the situation the clock is ticking. Had the situation gone undiscovered you could not be held liable but now that you are aware of the situation you may be held liable and if you do not proceed expediently you may be unable to proceed against the other parties.
Regards,
Roger Traversa
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