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Experience

Air

  • Negotiation of Title V, NSR and minor source permits
  • PSD exemptions
  • Defending air emission violations
  • Deviation reporting and compliance certification
  • Applicability determinations for new source performance standards, new source review and NESHAPs
  • Negotiation of agreed orders
  • Asbestos removal in demolition and remodeling projects
  • Negotiation of odor abatement regulations
  • Alternative compliance monitoring approvals

Water

  • Negotiation of NPDES permit limitations and compliance schedules and preparation of NPDES permit applications
  • NPDES permit requirements and long term control plans for combined sewer overflows
  • Negotiation of variances from water quality standards and preparation of use attainability analyses
  • Antidegradation reviews
  • Negotiation of sewer and wastewater treatment system construction permits
  • Defense of Department of Justice multi-million dollar civil action for pretreatment violations
  • Negotiation of agreed orders and consent decrees with IDEM and U.S. EPA regarding NPDES permit violations and pretreatment violations
  • Negotiation of industrial wastewater pretreatment permit limits and sewer use agreements
  • Assistance in responding to Section 308 information requests
  • Negotiation of Section 404 dredge and fill permits issued by the U.S. Army Corps of Engineers
  • Land application permits
  • Concentrated animal feeding operation permits
  • Stormwater discharge permits
  • Toxicity reduction evaluations and biomonitoring
  • Preparation of SPCC plans and Oil Pollution Act of 1990 spill response plans
  • Drafting major revisions to City of Indianapolis pretreatment ordinance
  • Safe Drinking Water Act compliance
  • Wellhead protection

Petroleum

  • Negotiation of corrective action plans for leaking underground storage tanks and other petroleum and hazardous substances releases
  • Obtain reimbursements from Indiana’s Petroleum Underground Storage Tank Excess Liability Fund
  • Defense of petroleum retailers in contribution claims for petroleum releases
  • Defending enforcement actions for failure to report petroleum releases
  • Aboveground storage tanks
  • SPCC plans

Real Estate Development

  • Voluntary Remediation Program, state and federal clean-up programs and Brownfields Program assistance
  • Environmental site assessments for lenders and both buyers and sellers of real estate
  • Negotiation of environmental provisions in loan documents, mortgages, leases, easements, options and purchase agreements
  • Environmental restrictive covenants
  • Floodway construction permits
  • Wetlands development and Section 404 dredge and fill permits
  • Section 401 water quality certifications
  • Asbestos removal
  • Residential lead-based paint hazards
  • Archaeological resources

Solid & Hazardous Waste

  • Defending companies accused of illegal interstate shipments of solid wastes
  • Permitting of hazardous waste treatment units, tanks and container storage areas
  • Negotiation of hazardous waste facility closure plans
  • Corrective action
  • Preparation of biennial reports
  • Defense of hazardous waste violations
  • Used oil and universal waste compliance

Remediation & Superfund

  • Voluntary remediation program
  • State clean up program
  • No further action letters
  • Vapor intrusion
  • Groundwater remediation
  • Spills
  • Delisting the Carter-Lee Lumber Company Superfund site
  • Negotiation of consent decrees among potentially responsible parties and state and federal agencies at Superfund sites
  • Removal of client from PRP group at an Indiana Superfund site by demonstrating sludge was a non-hazardous waste
  • Asserting an innocent landowner defense on behalf of the owner of an Indiana Superfund site
  • Negotiation of prospective purchaser agreement with federal and state agencies
  • Representing de minimis PRPs at several Superfund sites and removal actions
  • Representing remedial action contractors at Superfund sites
  • Preparation and negotiation of remedial action contracts
  • Preparation of CERCLA Section 104(e) responses
  • Investigations to identify and locate PRPs

Additional Services

  • EPCRA compliance
  • Emergency notification and other responses to spills and releases
  • Prepare and negotiate contracts for various environmental services including engineering, transportation and analytical services
  • Environmental compliance audits
  • Lobbying before the Indiana General Assembly and before the various environmental rulemaking boards
  • Executive branch lobbying
  • Personnel training

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