Emergency Response and Remedial Actions

Why do you need a lawyer to help design and implement an emergency response or remedial action? In a word, or more correctly, an acronym - ARARs. ARARs are the legally Applicable or Relevant and Appropriate Requirements used to perform the cleanup. These cleanup standards can come from federal or state statutes, regulations and rules, local ordinances or codes, and guidance and policy documents. They may apply to the cleanup being performed because of the chemicals being addressed, the location of the site or because of the people or resources being impacted. Lawyers help during the planning, design and construction phases of emergency responses and remedial actions by helping you identify and meet ARARs, ensuring that the government and private parties comply with the remedy selection process of Superfund's National Contingency Plan and Arizona's Remedy Rules, challenging remedies or parts or remedies that are more stringent than federal and state law requirements, and by acting as a liaison with the public. Lawyers can also help determine when cleanup standards have been met, whether and what additional work a party is obliged to perform, whether on-going operation and maintenance or land use restrictions remain in place and what effect completing a remedial action has on a party's legal liability under any administrative orders or settlement agreements.

Our founding member, Nancy A. Mangone, has 15 years of ARAR analysis at EPA to draw on in counseling clients engaged in the remedy selection and implementation process. She has an insider's view of how EPA makes its remedy decisions and is well-versed in the requirements of both the federal NCP and the Arizona Remedy Rules. She also served as EPA Region 8's legal expert on construction-completion, Five-Year reviews, close-out and NPL deletion procedures and post-closure requirements and can advise clients on closure, post-closure and land use matters.
 

 

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