Newsletters

ENVIRONMENTAL DUE DILIGENCE BEYOND THE PHASE I ESA

Everyone in the manufacturing industry is well aware of the liabilities associated with being responsible for environmental contamination, which is why you all work diligently to prevent releases in the first place.  It stands to reason then, if you are willing to put forth the effort to avoid these liabilities at your own facilities, then the last thing you want to do is put yourself in a position of being responsible for someone else’s environmental liabilities.  This is why you perform your environmental due diligence when considering the purchase of new properties. 

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UST FEE & TAX COLLECTION CHANGES

Are you an Underground Storage Tank (UST) owner or operator? According to the recently passed House Bill 1342, the responsibility for collecting fees and taxes on USTs has now changed from the Indiana Department of Revenue (IDOR) to the Indiana Department of Environmental Management (IDEM). UST fees will now be collected by IDEM on a calendar year of January 1 through December 31.

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CLEANING UP WITH INSURANCE POLICIES

Most cities and towns across Indiana have vacant or abandoned properties with environmental impacts, which prevent redevelopment and slow economic growth. Moreover, communities are usually uncertain about how to overcome the financial challenges they face with cleaning them up. One funding mechanism that SESCO has helped clients utilize is their Commercial General Liability (CGL) insurance policies (aka Slip & Fall policies). Generally speaking, these policies protect your business organization should injury or property damage occur to others as a result of your business operations.

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THE US EPA IS IN INDIANA

The United States Environmental Protection Agency (U.S. EPA) is now in Indiana and taking a close look at what are considered problem sites, including dry cleaners! The U.S. EPA is working together with the Indiana Department of Environmental Management (IDEM) to compile a list of sites for Pre-CERCLIS Screening to determine whether a facility should be entered into the U.S. EPA’s Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) program for further evaluation.

So what does that mean for you? It could mean a couple of different things:

● If you have a known (or unknown) contaminant release at your facility and are not currently addressing the cleanup of the contaminant through a State or Federal program, you could be facing enforcement action from the IDEM and/or U.S. EPA in the future.
● If your facility has a known release of contaminants resulting from the operation of your dry cleaner that is considered harmful to human health or the environment, you could be facing enforcement action from the IDEM and/or U.S EPA in the future.

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