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Environmental Compliance in the Real World: Tales from an Environmental Lawyer. Craig J. Pritzlaff. A little about myself…. B.S. Bioenvironmental Sciences, Texas A&M Worked with local, state, and federal environmental authorities J.D. Southern Methodist University

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Craig j pritzlaff

Environmental Compliance in the Real World: Tales from an Environmental Lawyer

Craig J. Pritzlaff


A little about myself

A little about myself…

  • B.S. Bioenvironmental Sciences, Texas A&M

  • Worked with local, state, and federal environmental authorities

  • J.D. Southern Methodist University

  • Adjunct Professor, Texas Christian University

  • Environmental Attorney


Common law liability

Common Law Liability


The statutes

The Statutes

  • Texas Solid Waste Disposal Act (1969)

  • Resource Conservation and Recovery Act (1976)

  • Comprehensive Environmental Response Compensation and Liability Act (CERCLA or Superfund)

    • Amendment to TSWDA (1985)


Solid waste what is it

Solid Waste: What is it?

  • Any discarded materials

  • Sludges?

  • Liquids?

  • Gasses?


Example 1 landfill disposal

Example 1: Landfill Disposal


Common law liability1

Common Law Liability


Example 2 processing site

Example 2: Processing Site


Example 3 used oil recycling

Example 3: Used Oil Recycling


Rcra v cercla

RCRA v. CERCLA

  • RCRA

    • Cradle-to-Grave management of waste

      • Generators, Transporters, TSDFs

    • Releases of waste from TSDFs or other active facilities

  • CERCLA

    • Generally inactive sites

    • Large, legacy contamination from hazardous substances

      • Petroleum exclusion (hazardous substance does not include “petroleum, including crude oil or any fraction thereof.”

      • To what extent substances in used oil are in concentrations in excess of those found in virgin oil


The blame game

The Blame Game


Solutions

Solutions

  • Recycling

  • Due Diligence

  • Questionnaires

  • Site inspections

  • Insurance

  • Indemnities

  • Constant vigilance


Example 2 release reporting

Example 2: Release Reporting


Reportable spills

Reportable Spills

OIL

Broadly defined under Clean Water Act/Oil Pollution Act of 1990 to include petroleum and non-petroleum oils (including vegetable oil).

Report RQ to NRC if reach navigable waters.

If facility subject to SPCC, must ALSO report to EPA.

Under OPA, reports must be made IMMEDIATELY upon knowledge of the discharge (40 CFR 110).

Under state law (Texas), obligation to report within 24 hours of the release (30 TAC Chapter 327).


Reportable spills1

Reportable Spills

HAZARDOUS SUBSTANCES

CERCLA. Release of hazardous substance in excess of RQ to or from your site must be reported IMMEDIATELY to NRC. CERCLA excludes petroleum (40 CFR 302).

EPCRA. Releases of hazardous substances and extremely hazardous substances from your site must be reported IMMEDIATELY to SERC and LEPC (40 CFR 355).


Reportable quantities

Reportable Quantities

Oil (any kind) into water...VISIBLE SHEEN.

Petroleum products onto soils or pavement….25 gallons.

Crude oil onto soils or pavement….210 gallons.

Crude oil into water…VISIBLE SHEEN.

Industrial or Other Substances into water….100 pounds.

Hazardous Substance (land, air or water)…..100-5000 gallons, depending on the substance.

Fed: 40CFR302 (CERCLA), 40CFR172.101 Appendix A (CERCLA)

State: 30TAC327 (incorporates 40CFR302)

26


Immediately

IMMEDIATELY

Does immediately under CERCLA, EPCRA and OPA mean 24 hours?

State: 800-832-8224


Craig j pritzlaff

Craig J. Pritzlaff

Curran Tomko Tarski LLP

2001 Bryan Street, Suite 2000

Dallas, Texas 75201

214.270.1419

[email protected]

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