Tag Archives: Engineered Control

Brownfield Developer Fails to Meet BFPP Defense; Found Liable Under CERCLA for Removing Concrete Slab Above Contaminated Soil

by Mike Sowinski | 10 / 25 / 2011 |

This Saline, Michigan case adds another decision to similar recent cases such as Ashley II and Robertshaw, which assess whether current owners of contaminated property met CERCLA’s Bona Fide Prospective Purchaser (BFPP) defense.  It also showcases the interesting legal question concerning the relation between BFPP requirements to (1) take reasonable steps, after acquisition, to prevent “releases” and (2) [...]

Posted in Continuing Obligations, Overview
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BNA to Host September 28th Webinar On Continuing Obligations

by Mike Sowinski | 09 / 14 / 2011 |

Two Terradex leaders, Bob Wenzlau and myself (Michael Sowinski), accompanied by Tim Haley of Barnes and Thornburg, will lead a September 28th, 2pm EST webinar, hosted by BNA.  Our main focus will cover the recently published ASTM E2790-11, “Standard Guide for Identifying and Complying With Continuing Obligations.”  This Guide provides industry consensus on good methods or “best practices” [...]

Posted in Continuing Obligations
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U.S. Mayors Report Touts Brownfield Successes; Stays Silent on ICs

by Mike Sowinski | 11 / 19 / 2010 |

The United States Conference of Mayors recently published “Recycling America’s Land: A National Report on Brownfields Redevelopment.” The report highlighted the successes and benefits of brownfield redevelopment, but stayed silent on the use of Institutional Controls (ICs).  Of course many factors contribute to Brownfield successes but the important role of ICs, and their ongoing stewardship, ought [...]

Posted in Overview
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EPA Cleanup Proposal Relies on Institutional Control Monitoring

by Mike Sowinski | 07 / 18 / 2010 |

A recent EPA cleanup proposal directly recognizes what many have come to accept as a given – cleanups need institutional controls (ICs), monitoring of ICs is a critical component of cleanup remedies, and private sector landwatch services make monitoring effective. Recognizing the key role of IC monitoring, EPA’s June 2010 “proposed plan” for a Southern [...]

Posted in LandWatch
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Learning Lessons from a Personal Encounter with a Failing Groundwater Recovery System

by Bob Wenzlau | 07 / 13 / 2010 |

Children playing patty-cake in the discharge of the discharge of a remediation recovery well: this article reveals first-hand challenges to landowners and responsible parties when a remedial piping fails.  As the task group chair for ASTM’s Continuing Obligations Guide, Terradex’s Bob Wenzlau shares his personal encounter with a failed remedial system, the difficult to report [...]

Posted in Continuing Obligations
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