What’s in a name? Did you know that, according to the Department of Ecology, anything you “designate as” a dangerous waste is regulated as a dangerous waste? It has long been the practice of generators of solid waste to label certain wastes as “dangerous” (or “hazardous”) and to dispose of those wastes as such simply because it is cheaper and easier than making a proper “determination” of whether the solid waste is “listed” or exhibits a “characteristic” of a dangerous waste. But the applicable regulations regarding storage, transport and disposal are so convoluted that the actual on-site management often does not fully comply with the regulations. In that circumstance, the fact that the waste never met the definition of a dangerous waste is no defense to substantial penalties, according to Ecology. Besides that, a generator’s failure to make a dangerous waste “determination” can lead to penalties in itself even if the generator has labeled and managed a waste as “dangerous waste.” Don’t get caught in this dangerous trap. Know whether your waste meets the definition of a dangerous waste. ECO LLC can help with that.

State and municipal agencies are increasingly requiring that facilities manage their storm water discharges such that they do not exceed historical flows in duration or amount. Your facility’s last storm water permit limits probably assumed that your site was previously developed for agriculture or more intensive uses, but you may be surprised upon renewal that you are being held to a stricter “forested” standard. The net result may mean that more of your facility footprint is dedicated to storm water control (i.e., larger basins and/or less impermeable surface). ECO LLC can help you work through those issues with the responsible jurisdiction.

Did you know that the All Appropriate Inquiry (aka “due diligence” or “innocent purchaser”) standard now applies to persons who purchase land for any “commercial” purpose? That includes residential properties purchased as investment rentals or for development. Before you buy that lovely old farm in the suburbs (or that strip mall or abandoned city lot), give us a call. We will be happy to talk to you about avoiding liability for past practices.

Are you absolutely sure that your facility is in complete compliance with all applicable environmental regulations? We had one client who was in compliance and yet was fined $10,000 by the Department of Ecology because his answer to the question “Is that a dangerous waste” was “I don’t know.” Don’t wait for a government regulator to show up at your door with a clipboard full of questions. Call ECO LLC and we will schedule an environmental audit for far less cost than not knowing.

Environmental law requires a firm understanding of physical and chemical principles (science and engineering) in addition to solid legal skills. The connections between the facts on (or in) the ground and the regulations under which you operate will determine whether you are found to be “in compliance” or “liable”. Being able to establish, distinguish or refute those connections is always key to defending against penalty assessments and lawsuits. I hold degrees in both chemical engineering (B.S. ChE 1984) and law (J.D. 1992). I have dedicated my entire career to environmental compliance as both a government regulator and as a lawyer in private practice. If you need legal representation on an issue of environmental compliance, I will get you the best result for your situation.