Site Cleanup Related Representation
Work with clients in the context of legacy sites, and contaminated properties acquired through or linked to other disposition activities. Within California, this work involves regular interaction with Department of Toxic Substances Control (DTSC) regional offices and DTSC headquarters in Sacramento, Regional Water Quality Control Boards and the State Water Resources Control Board, and local agencies. In a recent matter in San Diego County, obtained AB 2061 lead agency designation for the local Department of Environmental Health, followed by approval of the preferred remedy set forth in the Remedial Action Plan (RAP), and ensured compliance with the National Contingency Plan (NCP) and California Health and Safety Code related requirements. In that context, obtained a Certificate of Completion regarding the completed remedial work, and provided testimony in the underlying cost recovery action brought by our client to support award of attorneys’ fees as “remedial counsel.” Also draft and negotiate Land Use Covenants where required, and assist in the placement of insurance where necessary and appropriate.