The EPA letter, as I read it, is NOT indemnifying anyone for damages due to the toxic spill and environmental / health damage.
It simply says the Landowner agrees to indemnify and hold harmless Unified Command from any legal claims, including personal injury or property damage due to them monitoring air quality or environmental sampling at the property.
Basically, if United Command has cable laying on the ground to their monitoring equipment... and you trip over it.. you can't sue them. If they dig a small test well and you step in it spraining your ankle... you can't sue them. If they have to remove a section of your fence, or destroy your bird house while setting up an air monitoring station, or leave tire ruts in your yard... you can't sue them. They aren't financially responsible for any inadvertent damages.
By signing it, you aren't absolving anyone of any damages you might suffer. It simply allows them access to your property and for setting up equipment (if needed) for sampling and air monitoring.
All you said seems true. But, seriously, why sign it? They can sample air on any public street or sidewalk. They don’t need to come into my yard to do it.
If you sign that paper... and they want to put an air monitoring station on the roof of your house... they can do it. If it causes $2000 damage to your roof, then that's your problem.
If they want to demolish your garden shed so they can bring in a truck through your fence... they can do it. You signed the paper.
If they want to dig 10 water monitoring wells in your yard, or tear up your driveway, or park vehicles on your front lawn, they can do it. You signed the paper saying they had the right.
I would ONLY sign if someone explained to me exactly what they wanted to do on my property, so I understood all the possible damage before they even get started, and then we will have it specified in writing that they aren't to do anything more than agreed.
NEVER, NEVER, NEVER sign a blank waver like that. Once you do, they have rights to your property that you may have never intended, and for as long as they want. Notice there isn't a time period or expiration date on that? They could keep a monitoring vehicle parked in your driveway for a year. You signed the blank papers allowing it. :>(
The EPA letter, as I read it, is NOT indemnifying anyone for damages due to the toxic spill and environmental / health damage.
It simply says the Landowner agrees to indemnify and hold harmless Unified Command from any legal claims, including personal injury or property damage due to them monitoring air quality or environmental sampling at the property.
Basically, if United Command has cable laying on the ground to their monitoring equipment... and you trip over it.. you can't sue them. If they dig a small test well and you step in it spraining your ankle... you can't sue them. If they have to remove a section of your fence, or destroy your bird house while setting up an air monitoring station, or leave tire ruts in your yard... you can't sue them. They aren't financially responsible for any inadvertent damages.
By signing it, you aren't absolving anyone of any damages you might suffer. It simply allows them access to your property and for setting up equipment (if needed) for sampling and air monitoring.
All you said seems true. But, seriously, why sign it? They can sample air on any public street or sidewalk. They don’t need to come into my yard to do it.
I agree 1000%.
If you sign that paper... and they want to put an air monitoring station on the roof of your house... they can do it. If it causes $2000 damage to your roof, then that's your problem.
If they want to demolish your garden shed so they can bring in a truck through your fence... they can do it. You signed the paper.
If they want to dig 10 water monitoring wells in your yard, or tear up your driveway, or park vehicles on your front lawn, they can do it. You signed the paper saying they had the right.
I would ONLY sign if someone explained to me exactly what they wanted to do on my property, so I understood all the possible damage before they even get started, and then we will have it specified in writing that they aren't to do anything more than agreed.
NEVER, NEVER, NEVER sign a blank waver like that. Once you do, they have rights to your property that you may have never intended, and for as long as they want. Notice there isn't a time period or expiration date on that? They could keep a monitoring vehicle parked in your driveway for a year. You signed the blank papers allowing it. :>(