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Name:
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MartiniMan
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Subject:
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Hey MM
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Date:
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6/21/2010 9:33:01 AM
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GF. Of course reinstatement of the Superfund tax will not be good for my business and I thank you for the opportunity to explain why this once again demonstrates that government should be limited. The primary reason for the Superfund tax was to pay for Superfund staff in EPA headquarters and the regions and to pay the orphan share of cleanups. The orphan share being sites or portions of allocation at sites where the potentially responsible party (PRP) was no longer in existence.
What EPA did instead was to allocate the orphan share to the viable PRPs because CERCLA (the actual name for the Superfund law) is joint and several liability (meaning even if you only contributed 1% of the contamination you are legally liable for 100% as are all the other PRPs). So instead of EPA going out an hiring contractors to actually do the work they hired contractors to oversee the PRPs doing the work. Now there are some true orphan sites where there is no viable PRP and those cleanups are government funded. However, the vast majority of government funded cleanups are within DOD and DOE. And since we are not a woman or minority owned firm or have the tens of millions of dollars that the big guys (CH2MHill, URS, Bechtel, etc.) use to lobby and bribe government officials to get work we really can't play in that marketplace, except maybe as a sub to one of the big firms.
However, the vast majority of the cleanups are payed by private companies that are PRPs. Any money you take from them in the form of additional taxes can't be used for them to hire my company to cleanup their sites. Why is it fair for industrial company A that already is paying to cleanup their sites also have to pay a tax to cover the cost of cleanup of a site contaminated by now defunct company B. But more to the point, and this is another lesson in simple economics, companies are incapable of paying taxes. Only individuals pay taxes. So if you tax a company they will simply pass that cost along to the ultimate consumers like you and me. Just what we need in these trying economic times, eh?
You know, really good lawyers always know the answer to any question they ask in a trial. You should give that a try.....
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