Periconi, LLC

Posts tagged "Contamination"

New York State DEC Issues New General Permit for Stormwater Discharges from Industrial Activities

Do you own or operate a facility in New York that discharges stormwater? If so, be aware that as of October 1, 2017, the New York State Department of Environmental Conservation (DEC) issued a new Multi-Sector General Permit (MSGP) scheme for Stormwater Discharges Associated with Industrial Activity (GP-0-17-004). This new MSGP will be in effect for the next 5 years. Requirements under the permit regulations include monitoring, recording, reporting, and compliance responsibilities for stormwater discharges from covered facilities.

New York City Will Make It Easier to Remove "E" Designations From Properties Identified As Such In the Zoning Maps

Every once in a while, government agencies actually make things easier or more efficient for the general public. In the case of contaminated properties, New York City is helping potential property developers. Recently, the New York City Department of Environmental Protection (DEP) and the Office of Environmental Remediation (OER) adopted amendments to the rules addressing the removal of "E"-designations on zoning maps for affected properties.

The Most Effective Way To Amass Penalties For Violating Environmental Regulations (And How To Ensure It Does Not Happen To You)

Some incredible lapse of judgment (or reasonableness) must occur for an individual to accumulate $200 million dollars' (!) worth of potential environmental violations. And, of course, that is that happened with an auto repair facility in Northumberland Township.

Supreme Court May Determine When Tenants Are Subject to "Ownership Liability" Under CERCLA

When is a tenant liable as an owner under the federal Superfund law (aka CERCLA)?

Contract Terms Have Specific, Carefully Defined Meanings, and are Not Ambiguous, and so Extrinsic and Parol Evidence to be Excluded, and Buyer of Kalamazoo Coating Resin Business Must Remediate Site

A recent federal case in New York was a reminder that in contract litigation, the parties should be careful what they claim about how "unambiguous" a contract provision assigning environmental liabilities, as elsewhere, and that in contract drafting, even apparently simple phrases have certain meanings and not others. The indirect lesson is that business people should not assume that environmental and real estate lawyers' insistence on the use of very specific terms in contracts is more academic than practical and serves no useful purpose. Indeed, the care with which such terms were defined and used provided the winning margin for Cytec Industries (Cytec).

Tolling Agreements between PRPs Cannot Negate Settling PRP's Entitlement to Benefit of its Settlement

After settling with EPA and having its settlement upheld in court, a potentially responsible party (PRP) is free from liability to all other PRPs given notice of that proposed settlement under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund). This principle, long recognized as key to CERCLA's successful performance, was recently affirmed by the United States Court of Appeals for the Eighth Circuit in its ASARCO, LLC v. Union Pacific Railroad Company decision. 

Former Wolff-Alport Chemical Company is NYC's Newest Federal Superfund Site

New Yorkers like to think their city is the biggest and baddest, and now there's another reason for those sobriquets: last month, the former Wolff-Alport Chemical Company site - less than 1,000 feet from a public middle school and a private day care center- earned the title of most radioactive site in New York City today, and became the second radioactive site in New York City in the Superfund program's history. On May 8, 2014, EPA listed the 3/4-acre property located at Irving Avenue and Cooper Avenue in Ridgewood, Queens, as a federal Superfund site. This is the third active federal Superfund site in New York City.

Largest Environmental Settlement in History Reached in Kerr-McGee Case

In a triumph of environmental responsibility and justice over corporate attempts to disclaim environmental liabilities, the former Kerr-McGee Corporation has been ordered to clean up after itself.

New York Brownfields Law Update: Denial of eligibility decisions mostly upheld

In 2003, the New York Legislature passed the Brownfield Cleanup Program, ECL § 27-1401 et seq. The benefits of the Brownfield Cleanup Program ("BCP") are many: the developer receives a liability release from the State following DEC oversight during the cleanup of the property. The most coveted benefit, however, is a tax credit of up to 22% based not merely on the cost of cleanup but also on the cost to redevelop the site. A few New York City developers have reaped enormous rewards on $100+ million developments.

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