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THE U S D A, RURAL DEVELOPMENT MISSION AREA'S
ENVIRONMENTAL COMPLIANCE COURSE CATALOG

LENDER LIABILITY

COURSE SCOPE

The Lender Liability Course explains the exemption from and defenses to liability under CERCLA for entities that maintain indicia of ownership primarily to protect a security interest or that acquire property involuntarily.

CERCLA establishes that responsible parties, including facility owners and operators, are liable for the costs of cleaning up hazardous substances when the federal government, state government, or private party sues. Because government entities may maintain indicia of ownership for security purposes or can acquire property involuntary, and the property can be contaminated with hazardous substances, there is concern that the government, as an owner/operator of a facility, will be liable for cleanup costs.

COURSE OBJECTIVES

At the conclusion of the Lender Liability Course, you will be able to:

• Define a hazardous substance

• Know the liability structure of CERCLA

• Understand which responsible parties are liable for under CERCLA

• Demonstrate familiarity with the "security interest exemption" under CERCLA

• Understand the defense to liability as an "innocent landowner"

COURSE LENGTH

Approximately two (2) hours.