|
Type
|
General Premise
|
Rational for Employing
Specialty Expertise
|
|
Activate or force
remediation
|
PRP is recalcitrant and citizens and environment are at risk
|
Identify and describe nature and magnitude of related environmental
threat
|
|
Conduct of
Remediation;
Completeness of Remediation
|
Regulatory disagreement with assessment of site threat, cleanup
plan, or progress of remediation
|
Identify and describe nature and magnitude of related environmental
threat, in terms of short-fall in scope of remediation advocated by
regulatory agency
|
|
3rd Party
Intervenors in
Disagreement
|
Site/waste characterization is
inadequate and/or flawed and that
remediation underway is
inadequate
|
Evaluation of reported characterization
findings in terms of opposing technical
knowledge
|
|
Regulatory Agency
Seeks
Cost Recovery
|
Agency has had to move on
remediation without participation
of
PRP
|
Prove time-and-place connection between
RPP and the UHWS; often the case with off-site dumps or
discharges of gas manufacturing residuals or wastes
|
|
“Innocent” Land Owner
Purchases
Contaminated Dump Ground
|
Gasworks wastes transported from the plant and dumped at a remote
area; later urbanization creates value for the site and development
ensues
|
Developer becomes liable for costs of removal and other forms of
site remediation; engages experts to identify the gasworks source
and to support litigation for cost recovery
|
|
Health Impairment from
Long-Term Exposure to
PAHs
|
Individuals or clusters of workers
or site or bordering residents have
been subjected to long-term
exposures to PAH carcinogens, from
undeclared wastes
|
Search for, define, and prove presence of otherwise unreported “hot
spots” of wastes or
contaminated soil or water; with linkage to
history of facility operation and its waste
management practices
|
|
Inverse Condemnation
of Real Property
Values
|
Presence of facility wastes and/or conduct of remedial actions has
caused depreciation of real
property
|
Locate and prove presence of migrated plant toxics and of relative
effect of the RP remedial actions to date
|
|
RP seeks Recovery of
Remedial Expense from its
Rate Payers
|
That remedial expenses are linked to current service, rather than to
past waste management practices
|
Attempt to show that historic practices were proper and in
accordance with state of knowledge of the manufactured gas industry,
as related to known ground conditions at the present time.
|
|
RP seeks
recovery of
expense from
other PRPs
|
For companies of multi-ownership corporate history, earlier owners
or operators are sought for reason of their involvement in
generation and/or discharge of toxic wastes
|
Need to identify and demonstrate manner in which the earlier owner
is involved; usually involves history of FMGP, its manner of
operation, location and extent of toxics, and timing of release
and/or transport
|
|
RP seeks
recovery of
expense from 3rd party
|
Some 3rd party has had incidental involvement in
generation and/or discharge of toxic wastes
|
Need to identify and demonstrate manner in which the 3rd
party is involved; usually involves history of FMGP, its manner of
operation, location and extent of toxics, and timing of release
and/or transport
|
Prepared by Dr. Hatheway on 1 February, 2008 as
part of his delivered manuscript to the publisher of his forthcoming (2008)
technical book "Remediation of Former Manufactured Gas Plants and Other Coal-Tar
Sites; Taylor & Francis Group, Publishers. |
