Hazardous Waste Site Remediation

Administrative Compliance

Overview

Edgcomb Law Group, LLP attorneys have successfully developed and implemented cost effective strategies to address hazardous waste sites, from large, complex industrial facilities to former service stations.  Our attorneys have represented clients in the investigation and remediation of numerous federal and state Superfund sites in California and elsewhere.   We represent clients who own contaminated properties in negotiations with various Regional Water Quality Control Boards, the California Department of Toxic Substances Control, the U.S. Environmental Protection Agency, and other state environmental regulatory agencies at several large hazardous waste site remediation and closure proceedings.  ELG’s clients include Fortune 100 companies with substantial numbers of legacy sites throughout the United States where hazardous substances have been released.  ELG’s experienced attorneys assist those clients in both voluntary cleanup and administrative order contexts by cost-effectively identifying legal and technical options, evaluating potential legal and economic risks associated with each, and assisting clients in selecting optimum strategies.  ELG  further assist’s clients in executing the selected strategies by effectively negotiating appropriate agreements with relevant regulatory agencies.

ELG’s attorneys have extensive experience in assisting clients with hazardous waste site remediation at both owned and formerly-owned sites, and as well as at third-party sites, such as landfills.  ELG attorneys represent clients within potentially responsible party (PRP) groups, and clients who are adverse to such groups.   ELG attorneys have worked closely with many of the highest-regarded environmental consultants in numerous scientific disciplines, including hydrogeology, engineering and risk assessment, and work well in multi-disciplinary team settings.  ELG attorneys also work closely with clients to insure their timely compliance with relevant regulatory agreements or orders through site closure.

Representative Experience

Represent a client through extensive, multi-million dollar investigation and cleanup of large former industrial manufacturing and research facility where numerous industrial processes occurred.  Compliance efforts include including multiple cleanup actions, compliance with orders from two different state agencies, and obtaining permits from numerous federal and state agencies, including endangered species concerns, BCDC permitting, and wetland dredge and fill permitting.

Represent a client in connection with USEPA notice letter regarding potential billion dollar river sediment investigation and remedial action, working with PRP group common counsel to negotiate a consent order for performance of RI/FS and potential interim remedial measures.

Represent a client through extensive, multi-million dollar cleanup of a former chemical distribution site under state agency order.  Compliance efforts include onsite and offsite investigation, soil vapor extraction, groundwater pump and treat and thermal remediation efforts.

Represent a client, as member of large PRP group populated by numerous large corporations, that has assumed operational control of a large, closed industrial waste landfill, working with common counsel to negotiate consent orders with state agencies, to perform landfill operations and maintenance activities and conduct further investigation and, potentially, remedial actions.

Represent a client in negotiating and complying with, or appealing, a series of orders by USEPA and the State requiring investigation and/or remediation efforts at a former mercury mining site.

Represent a client in investigating and remediating a closed hazardous waste recycling facility alongside a river; working with common counsel in negotiating closure conditions, negotiating investigation and closure conditions on a neighboring contaminated property and insuring compliance with existing consent order.

Represent a client in negotiating and appealing orders by state agency requiring investigation and remediation efforts at a former mercury mining site where client performed unsuccessful geothermal prospecting.

Represent a client in investigation, remediation and development of acceptable long-term O&M plan for former mining and manufacturing waste site, including demonstration of stability of waste pile and negotiations with USEPA and State agency over site closure conditions.

Represent a client in negotiating and complying with a series of administrative orders requiring extensive on and off-site investigations and multi-million dollar hazardous waste site remediation of a portion of a former World War II manufacturing facility previously owned by client, in conjunction with numerous other PRPs.

Articles

Cahoon, Ladd and Perry, Page;  “What’s In Store for the ASTM Vapor Intrusion Assessment Standard”; Edgcomb Law Group Update (2009)