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Cleanup and Development of Contaminated Property
· Represented steel company in modification of settlement agreement
with Department of Toxic Substances Control to incorporate standard
of land-use-based cleanup. Negotiated agreement for company to become
part of Expedited Remedial Action Program (SB 923) (Fontana, Calif.)
· Represented purchaser of closed landfill in obtaining prospective
purchaser agreement and judicial consent decree from state, EIR
for development of outlet mall, and Cal-EPA agreement to development
during cleanup (Carson, Calif.)
· Represented prospective purchaser of closed landfill in New
Jersey in obtaining agreement limiting liability and entitlements
for retail mall development (Elizabeth, N.J.)
· Represented prior owner of contaminated site in obtaining CERCLA
settlement and cash out for all liabilities, including judicial
decree with contribution protection (San Leandro, Calif.)
Solid and Hazardous Waste Experience: Landfills
· Represent two large hazardous waste facilities in Northern and
Southern California in closure and post-closure negotiations with
all relevant state, federal, and local agencies, and the public.
Assist in preparation of environmental impact reports and defense
thereof, entitlements for transitional development to productive
use, and ancillary permitting and enforcement issues (West Covina
and Benicia, Calif.)
· Obtained local land use permit for major new hazardous waste
facility, assisted in preparation of environmental impact report,
successfully defended EIR and permit in litigation (San Bernardino,
Calif.)
· Represented cities in obtaining appropriate closure and environmental
protection at local landfills within municipalities, negotiated
franchise agreements, and wrote solid waste ordinances for municipalities
(Richmond and Fremont, Calif.)
· Represented West Contra Costa County cities in creating the West
Contra Costa County Integrated Waste Management Authority (Pinole,
Hercules, San Pablo, Richmond, El Cerrito).
Treatment and Recycling
· Represented major hazardous waste treatment and recycling facilities,
including inorganic recyclers, hydrocarbon recyclers, neutralization
facilities, transfer facilities, etc. in obtaining and modifying
permits, enforcement activities, EIRs (including successful defense
in litigation), and community relations (Compton, Santa Fe Springs,
Richmond, Chula Vista Emeryville, Los Angeles, Orange, Bakersfield,
East Palo Alto, Calif.)
· Appointed to numerous committees of the Department of Toxic Substances
Control regarding regulation of treatment, storage, and disposal
facilities, participate in legislative activities pertaining to
hazardous and solid waste.
· Represent large biomass facilities in recycling ash for agricultural
and other uses.
Air Quality
· Represent large car manufacturers before ARB and EPA in objecting
to recall of 2.1 million vehicles.
· Represent motorcycle manufacturers regarding reports on warranty
claims on emission-related components.
· Represent large solvent manufacturer/distributor before ARB
and local districts contesting feasibility of new requirements on
solvent components.
· Represent numerous solid and hazardous waste companies in permitting
and enforcement issues before air districts in California (South
Coast, Bay Area, San Joaquin, Yolo).
· Represent coating facilities in rulemaking and permit and enforcement
proceedings before South Coast and Bay Area Air Quality Management
Districts.
· Represent equipment manufacturer in obtaining Best Available
Control Technology (BACT) determination from EPA and California
air districts.
· Represent various facilities in obtaining variances from local
district air quality requirements.
Proposition 65
· Represent major chemical and manufacturing companies in regard
to listing issues and various claims filed by plaintiffs regarding
environmental, consumer product, and work place exposures.
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