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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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