 Environmental Issues
Tom
Uzzo founded Whitestone Associates, Inc. in 1994 as the environmental and geotechnical engineering
compliment to Bohler Engineering, P.C.'s civil engineering
and related service. As principal of the company, Tom is responsible
for the overall corporate administration, management and operation
of Whitestone's offices. Tom's 17-plus years of experience
as a former United States EPA Enforcement Officer and private
sector consultant enables him to provide clients with expert
witness and consulting services in the areas of environmental
regulatory compliance management, site investigation, remediation
and Brownfield redevelopment.
Web: www.whitestoneassoc.com
CLICK HERE TO ASK YOUR QUESTION
Recent Questions:
1)
What type of recordkeeping system should I maintain?
USEPA
and certain states (where UST regulatory authority has been
delegated) have established guidelines for appropriate recordkeeping
in order to maintain compliance with federal and state UST
regulations. These guidelines include procedures and report
formats for daily product level recordings and monthly inventory
control/reconciliation. Federal recordkeeping regulations
are included in 40 CFR 280.34 - Reporting and Recordkeeping.
Certain states may have more stringent or slightly different
requirements. Also, in terms of spill/release reporting,
most states require notification within as little as 15
minutes or as long as 24 hours.
2) I want to make sure all of my
bases are covered. What can I do in addition to complying
with applicable UST recordkeeping and reporting requirements?
UST
systems require maintenance and repair, just like any other
mechanical operation involving material storage and transport.
Retain a licensed local pump and tank contractor to conduct
periodic visual inspections of all equipment, and have the
contractor review your inventory control records for evidence
of possible trouble signs. Also, confirm the extent and
limits of your insurance coverage, and make sure all recordkeeping
and reporting requirements satisfy not only the applicable
regulations but also meet your insurance underwriter's minimum
requirements.
3) If I'm looking to sell
or vacate a site, what documents do I need to have in place
to cover me after the sale is final?
When
in doubt, keep everything, and have it available for the
potential buyer's due diligence process. This will only
assist with the transaction process. EPA and some states
have requirements for retaining operating records as well
as site investigation and remediation documents (where cleanup
has been conducted). Especially important are any documents
related to reported spills/releases including no-further-action
determinations and/or covenants not to sue from the federal,
state, and/or local regulators. Withholding info from your
proposed buyer/tenant can come back to haunt you, especially
if they obtain info through public records searches and/or
if your state has typical disclosure laws.
4) If an existing or former
UST site has received a no-further-action (or equivalent)
determination from the state, should I bother doing any
further investigation prior to purchase?
Absolutely.
NFA letters do not mean that a site is completely clean,
only that the residual contaminant levels are acceptable
to remain in place. Also, they only cover known or reported
conditions, and many old gas stations/auto repair facilities
can house abandoned USTs, oil/water separators, dry wells,
hydraulic lifts, etc. that may be a source of additional
or future contamination. The money you spend on good due
diligence would be far outweighed by unforeseen costs for
investigation and cleanup when you go to renovate or redevelop
the site.
5) What role does environmental insurance
play in service station site development, operation and
remediation?
Generally,
Environmental Impairment Liability (or equivalent) insurance
is required for operating service stations and regulated
UST systems. Also, when evaluating operating or prior service
station sites for acquisition, environmental "Cost
Cap" and "Unforeseen Conditions" insurance
may be available to limit the out-of-pocket expenses for
site investigation and clean-up. Policies also may be available
for off-site and third party liability coverage.
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