REGULATORY COMPLIANCE AND ENFORCEMENT
EPA and state agencies impose a complex web of air and water regulations on industrial facilities. There are pollutant-specific limits as well as process based operational rules. Facility-specific rules are included in state-issued permits which are periodically renewed, providing an opportunity for insertion of recently issued standards which are often more stringent. Environmental counsel can provide critical advice to clients regarding creation of a record and submittal of timely comments on proposed permits, which can otherwise be waived. It may also be necessary to file a timely appeal addressing all necessary issues, when the agency has “gone too far”.
Hazardous and non-hazardous waste are subject to storage, transfer, and disposal requirements, as is solid waste recycling for reuse and energy combustion. Underground storage tank regulations set forth leak prevention, detection and closure requirements including inspections, maintenance and corrective action.
Some potentially toxic materials have specially tailored regulatory programs. A well-known example is asbestos—which is often present in older buildings as insulation on pipes, boilers and other equipment, as well as window calk and other materials. There are also extensive EPA regulations covering remediation of historic PCB contamination, and the management of electronic transformers and capacitors which continue to contain substantial concentrations of PCB.
Environmental counsel can provide valuable compliance advice regarding applicability of a regulatory program or the specific requirements thereof. Such advice can be a critical component of corporate production planning as well as cost effective real estate asset management. We also defend clients to whom agencies have issued orders requiring unreasonable compliance measures or deadlines, andcivil penalties.