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Gary Henry 04/09/05  reader opinion to MDN 04/09/05 article

What's the point?

Mr. Moolenar has stated sellers are required to disclose contamination as part of real estate law .

The Sellers Disclosure Statement (565.957 paragraph 10) requires the seller to disclose ANY environmental problems if they are aware of any substance that MAY be on their property, including contaminated soil. The dioxin contamination in the City of Midland and the Tittabawassee watershed has been public knowledge for years.

A ‘Facility" is a regulatory term defined under Michigan Law 451, part 201 applied to ANY properties which are contaminated by a release of a hazardous substance above defined levels.

Dow is required by Michigan law to take corrective action on any property that is part of their facility. The action must be taken whether the property is owned by Dow or someone else 40 miles down river.
So why are the Dow Representatives so keen on removing the Facility label? The only benefactor of such a move is Dow Chemical, not the citizens they supposedly represent.

If they are successful with this bill, Dow will no longer be required to clean up our property and we will still be required to disclose the contamination to potential buyers. The only ethical way out of this mess is to keep the current law and make Dow clean it up. Our property will no longer be a facility once the hazardous substance is removed.

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