© 2018 by Environmental General Counsel LLP

Contaminated

Properties

Environmental General Counsel

We have decades of experience with contaminated properties, from simple petroleum releases to multi-party

Superfund sites. We have special expertise with development projects, vapor intrusion, and military base closures.

The DTSC, SWRCB, and the San Francisco Bay RWQCB
are in the process of finalizing new draft guidance for
the investigation of vapor intrusion. This new guidance
is expected to have major impacts on properties
contaminated with volatile organic compounds.

Representative Projects

  • Tender claim to carrier under pollution legal liability policy and monitor cleanup for purposes of compliance with carrier requirements

  • Evaluate Clean Water Act to decide which corporate representative can sign monthly monitoring forms required for discharges from remediation system

  • Petition the SWRCB to remove client from cleanup order after county named client on order for allegedly failing to provide access for an off-site investigation

  • Advise client about discovery of emerging contaminants at property in process of long-term ongoing cleanup, including discovery of 1,2,3 TCP and 1,4 dioxane

  • Prepare notices to tenants where indoor air levels exceeded applicable screening levels, and managed evacuation of tenants in collaboration with regulatory agency

  • Evaluate financial assurance requirement options for client as prerequisite for site closure at DTSC site

  • Negotiate multiple site access agreements for off-site investigation and worked with regulatory agency to compel access

  • Advise client’s consultant about applicable requirements for NCP compliance to satisfy DTSC requirements for site closure

  • Advise client on applicability of Proposition 65 requirements to releases from contaminated property

  • Identify other potentially responsible parties for purposes of providing information to RWQCB about responsible parties to name on a cleanup and abatement order

  • Advise multiple client on reporting requirements associated with discovery of contamination and prepared forms and letters advising regulatory agencies of contamination

  • Evaluate environmental reports prepared for military base closures to ensure consistency with NCP

  • Represent responsible party in complicated sediments Superfund site, including extensive negotiations with EPA and other responsible parties about approach to remediation, which would allow business to continue operations while maintaining business operations on site

  • Serve on management committee for State Superfund site and EPA Superfund sites

  • Manage development of single-family homes where contamination discovered during site grading; project was completed on schedule and we recovered costs from responsible party

  • Manage vapor intrusion case where indoor air levels of TCE exceeded accelerated response levels; with interim mitigation measures, tenants were able to occupy building after short-term evacuation

  • Prepare application for scores of UST sites and obtained Cleanup Fund funds for client to pay for cleanup

  • Litigate numerous common laws and CERCLA claims for clients seeking recovery of cleanup costs or defending action from other responsible parties