PCB Remediation Plans Back in the News

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We have been asked several times this week to clarify disclosure requirements for off-site issues – those issues NOT found on the property itself and those that can’t be physically seen with a naked eye.  These questions stem from recent PCB news reports, public meetings and social media posts regarding a five-year cleanup plan slated to beginning in 2028.  The EPA and GE held a public hearing earlier this month for the Final Design and Restoration Plan, which details remediation efforts. (Thank you to iBerkshires for their reporting and links to source data on this plan.)

What to do in  1-2-3!

  1. Here’s the MAR current standard offsite disclosure requirement: MAR Legal Overview of Off-Site Disclosures
  2. Legal PCB Disclosure Factsheet for Brokers – talk at your office meetings!
  3. Make sure you understand your disclosure policy in your brokerage and are consulting with Legal Counsel when questions arise so that you are protecting your clients and your firm.

As you know, we always reach out to our legal counsel for guidance with legally complex issues.  Above are two important links: Massachusetts Association of REALTORS legal department response to a REALTOR’s duty to disclose off-site defects. and specific guidance about PCB Disclosures.  Unfortunately, disclosure in Massachusetts relates back to caselaw so it can be less specific than we would hope, but still very informative on what issues need to be considered.

Overview:

  • The PCB-polluted “Rest of the River” stretches nearly 125 miles from the East and West branches of the Housatonic river in Pittsfield to the end in Connecticut.
  • If you work along the Housatonic River corridor, it’s worth staying current on the ongoing PCB remediation project.
  • Cleanup of PCB-contaminated sediment, riverbanks, and floodplains continues under EPA oversight as part of the GE-Pittsfield/Housatonic River Superfund Site.
  • In 2025-2026, work has focused on engineering, transportation planning, rail transload facilities, dam evaluations, restoration planning, and preparation of the Upland Disposal Facility in Lee before larger-scale sediment removal begins.
  • Announcements stated that properties along or adjacent to the Housatonic River areas may be affected by the ongoing remediation project or related advisories.