A number of federal and state environmental laws have been enacted that regulate the generation, use, treatment, transportation and disposal of hazardous wastes and materials. Under these laws, generators of hazardous waste as well as current and former owners or operators of contaminated property may be strictly and retroactively liable for all cleanup costs associated with discharges of hazardous waste. Liability for cleanup costs has also been extended to companies whose subsidiaries were responsible for the contamination, purchasers of companies who may have improperly disposed of hazardous wastes in the pasts as well as shareholders, officers and lenders of those companies.
The investigation and cleanup of sites contaminated with hazardous waste can be a costly and process. We have played the lead role in negotiating settlements and allocating liability among groups of potentially responsible parties (PRPs), responding to administrative orders requiring PRPs to perform emergency cleanups and helping PRPs select and design the scope of remedial investigations and cleanups.
We can help you evaluate your potential liability under these hazardous waste cleanup laws , manage your site investigation and cleanup process in a cost-effective way using the latest risk-based techniques that focus on the actual dangers posed by the sites, negotiate voluntary cleanups that minimize cleanup costs by using institutional and engineering controls, and help you gain reimbursement of your cleanup costs from state cleanup financial assistance programs or other parties who may be responsible some or all of the contamination.
Click here for information about the NY Superfund Program
Selected Links To EPA Superfund Guidance Documents and Policies
- CERCLA Guidance on Issuing Notice and Demand Letters
- CERCLA Enforcement Guidance
- CERCLA Cost Recovery Guidance
- CERCLA Settlement Policies
- CERCLA DeMinimis and DeMicromis Settlement Policies
- CERCLA Landowner Liability and Settlement Policies
- CERCLA Prospective Purchaser Agreement Policy
- CERCLA Comfort Letter Policy
- CERCLA Lender Liability Guidance
- CERCLA Non-Priority and Windfall Liens Guidance