COMPLIANCE,
PERMITS,
& ENFORCEMENT
COMPLIANCE,
PERMITS,
& ENFORCEMENT
a professional corporation
We have decades of experience working with the U.S. Environmental Protection Agency (EPA), California's Department of Toxic Substances Control (DTSC), Regional Water Quality Controls Boards (RWQCBs), and local agencies to help our clients remediate properties.
We are familiar with all aspects of cleanup. We counsel clients on reporting and disclosure obligations that may apply to the discovery of contaminants in soil, groundwater, soil vapor, or indoor air; potential liabilities and approaches to managing those liabilities during the course of the remediation; compliance with cleanup orders; review and counsel on legal obligations associated with the cleanup (e.g., land use restrictions, access agreements, community fact sheets); and potential sources of cost recovery (e.g., parties responsible for the releases, insurance, state orphan fund).
We have special expertise with vapor intrusion, which continues to be a driver for many remediation projects, with adoption of U.S. EPA's conservative attenuation factor for soil gas expanding the scope of the cleanup at many sites. We are also seeing more extensive vapor intrusion investigations required, more frequently involving off-site properties implicating not just access issues but creating other potential liabilities.
We managed one of the state's first evacuation directives in light of the short-term exposure risks believed to be associated with the presence of trichloroethylene (TCE). Since then, we have worked with both DTSC and a RWQCB on mandatory evacuation of tenants and/or residents. We also advise on routine vapor intrusion investigations, including reporting and disclosure requirements, and negotiating third-party access agreements.
We have experience with and work with some of the best environmental consulting firms in the business.
Representative projects include sites that formerly operated as dry-cleaners, gas stations, a pesticide packaging facility, manufacturing facilities, plating operations, transportation facilities, an underground oil pipeline, and others. We have experience with volatile organic compounds, petroleum, pesticides, and some of the newly emerging contaminants.