At various times, I come across the term RAP (Remedial Action Plan) and at other times I come across the term RAW (Remedial Action Workplan). I believe the difference might be that the former is used while negotiating with the regulatory agences and the latter is what has been approved by the regulatory agencies, subsequent to the negotiation period.

Question: Can any of our readers correct my interpretation or provide a more precise answer

The attached file includes an article on pages 8-12 by Richard G. Opper, the founding partner of Opper and Varco, LLP, (www.envirolawyer.com), in San Diego, CA.

The article is a very helpful introduction to the Polanco Redevelopment Act, which provides that a redevelopment agency can demand that owners (and other responsible parties) propose and carry out a remedial plan for a property within a project area. If the demand is ignored, the agency can either undertake the work itself and bill back to owners/responsible parties, or force the owners/responsible parties to take on a clean up themselves.

A recent (from 9/03) survey showed that about 60 of the State’s 350 redevelopment agencies were using the act, or had used it. This is not a “last-minute” solution. Using the Act takes lots of foresight.

Ironically, brownfield redevelopment and political circumstances surrounding 9/11 caused a lessening of CERCLA/Superfund liabilities for landowners and therefore affected redevelopment agencies’ abilities to enforce Polanco. Nonetheless, use of the Polanco act has increased.

Question: Have any of our readers been involved with a transaction or development assisted by the Polanco Act? Please tell us about it. Did it help make for a redevelopment that otherwise wouldn’t have happened? Was it an efficient or painful process? Was it worth it?

Question: It seems like the obvious question is, “does the Polanco Act get used only when a redevelopment project area exist to facilitate the act?…..or do cities actually create redevelopment project areas specifically in order to be able to use the Polanco Act on key sites?

Question: Do any of our readers have any other comments?

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