How Can We Mitigate Exposure for Prior Environmental Violations at a Newly Acquired Facility?

September 11, 2009
Matthew Sullivan
Mid Atlantic Real Estate Journal

Various environmental laws impose requirements on industrial, commercial and even office buildings. For example, the use or storage of chemicals in certain quantities at a facility may trigger requirements under the Emergency Planning and Community Right-to-Know Act ("EPCRA") to notify local emergency planning agencies and file reports with details about the chemicals on hand. In addition, backup generators at a facility may trigger air permitting requirements, and depending on how the facility is operated, a stormwater permit may also be required. The violation of these environmental requirements can expose the facility to significant potential penalties, and the United States Environmental Protection Agency ("EPA") can often look back several years and assess penalties for past violations.

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