Regulatory Compliance

Cermak & Inglin, LLP’s environmental team regularly counsels clients on compliance issues arising under federal, state and local environmental laws, including those relating to water quality, wastewater and storm water, water rights, air quality, hazardous and solid waste, state laws (such as Proposition 65), the conduct of compliance audits, and self-reporting under state and federal audit/voluntary disclosure policies. The typical day-to-day counseling work can include issues such as:

• wastewater discharge compliance (including interference, bypass, and discharge monitoring report violations);
• hazardous waste management (including treatment exemptions, hazardous waste identification and disposal of waste and release reporting);
• stormwater management (such as no exposure determinations, best management practices and revisions of stormwater pollution prevention plans); and
• air permit compliance (including permit applications, after-the-fact permits for unpermitted sources, and source testing).

In addition, the above issues can require that the Firm’s attorneys provide assistance on self-reporting, identifying corrective actions, responding to notices of violations, and negotiating compliance agreements.

Our Approach

In addressing environmental compliance issues, we bring to bear practical judgment informed by our decades of experience. We recognize that in most circumstances businesses need to maintain a long-term and cooperative relationship with regulators to conduct their business without interference or interruption. Thus, simply identifying the applicable law is not enough. The team seeks to understand the root cause of the compliance issue, the existing relationship with the regulator, the business challenges that a client may face in achieving compliance, and the reputational, economic and enforcement risks associated with the compliance issue. Ultimately, we work to develop solutions that achieve cost-effective compliance, eliminate or reduce penalties, identify corrective actions to avoid repeat violations, and create trust with the regulators.

Representative Environmental Regulatory Compliance Matters

• Assist clients on compliance with wastewater treatment industrial user permits, air permits, and hazardous waste permits. This work includes counseling clients on issues associated with interference and bypass events and reporting.
• Advise clients on federal and state self-auditing and associated self-reporting requirements under both state and federal law for manufacturing and commercial facilities across the United States.
• Advise clients on release reporting requirements relating to both recent and historical releases.
• Advise clients on liability associated with the client’s status as an arranger, generator or transporter of hazardous waste, or because of its status as a lender, trustee, shareholder or parent.
• Assist clients in developing test protocols to determine compliance of products with California Proposition 65.
• Advise clients on the need for, and content and placement of California Proposition 65 warnings on products, the need for Proposition 65 warnings in buildings or associated with certain activities and other aspects of Proposition 65 compliance.
• Counsel clients on issues related to hazardous waste management, including treatment exemptions, hazardous waste identification and characterization, and storage and disposal of waste.
• Advise on stormwater management issues, such as the need for stormwater permits (including determining whether the client can make a “no exposure” determination), drafting and updating of stormwater pollution prevention plans, and compliance with and updating as needed of best management practices and sampling protocols related to stormwater.
• Advise clients regarding product content requirements and prohibitions and associated labeling requirements.
• Assist clients with air permitting and compliance issues, including coordination of permit application process with facility construction, obtaining after-the-fact permits for unpermitted sources (and dealing with the associated self-reporting and penalty issues), development of source testing protocols, and responding to notices of violation related to air quality violations.