Category Archives: Hazardous Materials

MassDEP Working on a Drinking Water MCL for PFAS

Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000).  Public comment on the proposed regulations remains open through July … Continue reading

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BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt

The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000).  This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, … Continue reading

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EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act

In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA).  The answer:  “No.”  EPA’s 57-page … Continue reading

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Construction Insurance: Game of Risk

Construction work is risky by nature.  Common risks include natural disasters, inclement weather, flood or fire, accidents t hat cause property damage or bodily injury, and the failure of one or more parties to perform their designated responsibilities, resulting in … Continue reading

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A Landfill Is Not a “Point Source” Under the Clean Water Act, So Says the 4th Circuit and D.Mass.

Two recent rulings address the issue of whether a landfill is a “point source” under the Clean Water Act, 33 U.S.C. § 1251 et seq. (CWA), Sierra Club v. Virginia Electric et al and Toxics Action Center et al v. … Continue reading

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Is Faulty Workmanship an Occurrence?

Add New Jersey to the growing list of jurisdictions adopting a more expansive view of insurance coverage for construction defect claims. The standard form commercial general liability (CGL) insurance policy provides coverage for those sums that the insured becomes legally … Continue reading

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MassDEP Offers Manufacturers Amnesty Under Toxics Use Reduction Act, a Likely Prelude to Increased Enforcement

If you are a Massachusetts manufacturer suspected of using toxic chemicals in your production process, you may have been among the hundreds of recipients in recent weeks of a notice letter from MassDEP about mandatory chemical use reporting under TURA, … Continue reading

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BREAKING: Supreme Court Strikes Down New EPA Rules on Mercury Emissions

In a blow to the Obama Administration’s efforts to phase out coal-fired power plants and encourage energy production from renewable resources, the United States Supreme Court has thrown out the Environmental Protection Agency’s (EPA) new rules requiring coal-fired power plants … Continue reading

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MassDEP Obtains Judgment From Superior Court for $265k Fine at Taunton Plating Facility

According to a press release issued by the Massachusetts Department of Environmental Protection (MassDEP) today, the Suffolk Superior Court issued a judgment against a New York City-based company for failing to properly address historical contamination at the former Kent Silversmith … Continue reading

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MassDEP’s New Cleanup Regulations Are Now Effective

As we reported earlier in guest posts from Adam Last of Corporate Environmental Advisors, Inc. here and here, the Massachusetts Department of Environmental Protection (MassDEP) has long been working on significant revisions to the Massachusetts Contingency Plan (MCP).  The MCP … Continue reading

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Brownfields Program Has Paid Off For Massachusetts Business

Guest Post by Larry Feldman, a licensed site professional with GZA GeoEnvironmental, Inc.  Reprinted with permission from the Worcester Business Journal. In the early 1990s, a coalition of environmental advocates, bankers, developers, lawyers, regulators and environmental consultants in Massachusetts came together … Continue reading

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On Solid Ground’s Top Five Stories of 2013

With 2013 coming to an end, it’s time to take a look back at the year that was.  Each year brings new developments in real estate, environmental and construction law, and 2013 was certainly no exception.  Here’s our pick for … Continue reading

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