RT ECP: Claims - Pollution Legal Liab

May 31, 2013

Nice Greens Cause Loss

Source: Great American Environmental Division, May 2013 A luxury resort operated a golf course near a popular lake that was used by the local community for fishing and swimming. Storm water runoff from the golf course routinely flowed into the lake. Over time, the lake became contaminated due to excess application of pesticides and herbicides […]

May 31, 2013

Phase 1 Missed the Mark

Source: Great American Environmental Division, May 2013 Looking to expand their operations, a company purchased a large piece of property that seemed suitable for redevelopment. Prior to their purchase, the company went through all the proper due diligence including conducting a Phase I site assessment. Although the Phase I did not note any known contamination […]

May 31, 2013

Rainstorm Causes Grief

Source: Great American Environmental Division, May 2013 During a particularly heavy storm, rain water gathered in a puddle on the roof of an office building. Due to a clogged drain, the water level rose higher than the installed protective flashing and entered the drywall behind office furniture. Over time, mold began to grow in the […]

May 31, 2013

Slow Leak Causes Big Problems

Source: Great American Environmental Division, May 2013 A manufacturer operated a machine-press to form metal parts for the automotive industry. A portion of the machine-press was located beneath the concrete slab-floor. For more than 20 years, lubricating oil from the machine-press was released into the soils under the building. When the soil was tested during […]

May 31, 2013

Faulty Valve Leads to Evacuation

Source: Great American Environmental Division, May 2013 The operator of a small waste water treatment plant was in the process of receiving a bulk shipment of chlorine bleach used in the treatment process at the facility. Unfortunately, the valve connecting the hose to the tank was not secure. Before the vendor and operator realized what […]

May 31, 2013

Secured Creditor Exemption Falls Short

Source: Great American Environmental Division, May 2013 A large Financial Institution (FI) entered into a settlement agreement where the FI agreed to reimburse the USEPA for $1.28 million in removal costs incurred at a former wood processing facility. The FI was the successor to the trustee who had held title to the property while the […]

May 31, 2013

Financial Institution Takes a Hit

Source: Great American Environmental Division, May 2013 Recently, a large Financial Institution (FI) was forced to pay the USEPA $80,000 in past response costs. These costs were incurred by the USEPA to remove hazardous waste drums at the facility of a defunct borrower. The FI conducted an auction of equipment and inventory, but left behind […]

May 30, 2013

Redevelopment Hits a Snag

Source: Great American Environmental Division, May 2013 A former mill site was being redeveloped into a condominium complex. The original mill structure was to he preserved while the interior of the building was gutted and renovated. The site was located within a former industrial area and was built on top of historic fill. Additionally, the […]

May 30, 2013

Commercial Office Space Impacted by Plume

Source: Great American Environmental Division, May 2013 While performing due diligence in the course of selling an apartment building, the owner of the apartment building learned that an underground plume of contaminants from a neighboring property had impacted their site, resulting in vapor intrusion into several of their buildings. Unfortunately, the source of the plume […]

May 30, 2013

Meth Lab

Source: Great American Environmental Division, May 2013 During the process of divesting an apartment property, the due diligence investigation revealed a tenant who had been arrested on illegal gun sale charges and suspected methamphetamine manufacture and sale. Despite the fact that the unit had been repainted several times, environmental testing confirmed that it was tainted […]

May 30, 2013

Regulatory Re-Opener at Apartment Complex

Source: Great American Environmental Division, May 2013 An owner of an apartment complex constructed in 1998 discovered that the apartment was built on previously contaminated property. The historical use of the site included a gas station. Prior to construction of the apartment complex, the Underground Storage Tanks were removed and 22,000 tons of contaminated soil […]

May 30, 2013

Unexpected Asbestos

Source: Great American Environmental Division, May 2013 A General Contractor (GC) was renovating an older apartment building when their flooring subcontractor noticed that there was old tile underlying a plywood subfloor. During the initial process of ripping up the subfloor, some of the tile underneath was disturbed. The project vas stopped in order to test […]

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