COURSE DESCRIPTION - Environmental Law for LSPs
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1 COURSE DESCRIPTION - Environmental Law for LSPs The objective of this course is to teach LSPs fundamental concepts of environmental law applicable to their work. With an understanding of general legal concepts and specific statutory, regulatory and decisional case law, LSPs will obtain a better understanding of their role within the MCP, Chapter 21E and the legal framework under which both MassDEP and private parties work toward the efficient clean-up of sites. The attorney-instructors will also provide a summary of environmental laws that LSPs may encounter when dealing with waste sites. Questions will be encouraged so that the specific application of the law to the LSPs experiences is addressed and explained.
2 COURSE SYLLABUS: Environmental Law for LSPs 3:00 Introduction (R. Cox) 3:05 Overview of Chapter 21E (R. Cox, J, Grachuk, M. O.Brien) DEP Oversight and Audits Legal Reporting Obligations - G.L. c. 21E, 7 - Other Laws - LSP Obligations under 309 CMR 1.00 et seq. - Interpretations of the Board s Rules of Professional Conduct Site Access Activity and Use Limitations Liability Provisions 3:45 Related Environmental Laws 4:15 4:45 Waste Water Discharge in Massachusetts (J. Grachuk) - Federal and State Clean Water Acts - NPDES Permitting - Remediation General Permit Wetlands Protection Act and Regulations (M. O Brien) - Jurisdictional areas, alter, and activities subject to regulation - Response Actions Within Jurisdictional Areas - Permitting and Exemptions Monitoring Wells (J. Grachuk) - Closure Requirements 5:00 5:30 Break for boxed dinner
3 5:30 Asbestos Abatement and Disposal (J. Grachuk) - Federal jurisdiction: EPA, OSHA - State Jurisdiction: Air, Solid Waste, MCP, Labor, Public Health 5:45 Massachusetts Solid Waste Regulations (M. O Brien) - Beneficial Use of Solid Waste (BUDs) - LSP Responsibilities Under 310 CMR and Soil Management 6:00 Toxic Substances Control Act (TSCA) (R. Cox) 6:30 RCRA and G.L. c. 21C (M. O Brien) - RCRA Corrective Action in Massachusetts - LSP Responsibilities under 310 CMR et seq. - UST Closure Requirements 7:00 Water Supply Issues (R. Cox) - Private v. Public Water Supply - Zone I and Zone II Well Determinations - Zone A and Zone B Surface Water Areas - Watershed Protection Act 7:15 Adjourn
4 INSTRUCTOR BIOGRAPHIES Robert D. Cox, Jr., Esquire Mr. Cox is Managing Partner of the law firm Bowditch & Dewey, LLP and a member of its Environmental & Real Estate Practice Group. Mr. Cox s practice is devoted to counseling clients on environmental compliance and enforcement matters. He also represents clients in private party litigation under Chapter 21E, as well as in administrative hearings and appeals, and in defending claims and actions brought by government environmental enforcement agencies. He regularly advises clients on brownfields development activities and on strategies to limit or shift environmental liability risks in connection with real estate or business transfers. He represents clients with respect to air, hazardous waste, solid waste and waste water matters before the United States Environmental Protection Agency, Massachusetts Department of Environmental Protection and local regulatory boards. Mr. Cox is a frequent speaker on environmental law and has authored many publications on current topics in the practice of environmental law. He is ranked among the top environmental lawyers in Massachusetts by Chambers USA America s Leading Lawyers for Business, named as a Massachusetts Super Lawyer in Boston Magazine, and listed in The Best Lawyers in America published by Woodward/White, Inc. for environmental law. Mr. Cox was founding chair of the Environmental Law Section of the Worcester County Bar Association. Mr. Cox is active in various civic and professional organizations, including the Environmental Business Council of New England, Massachusetts Bar Association, Boston Bar Association, Worcester County Bar Association and MCLE. He graduated summa cum laude from the University of Massachusetts, and is a graduate of Suffolk University Law School. Robert D. Cox, Jr., Esquire Bowditch & Dewey, LLP 311 Main Street, P.O. Box Worcester, MA Phone: (508) rcox@bowditch.com Jeanine Grachuk, Esquire Ms. Grachuk is a Shareholder at Beveridge & Diamond PC, a national boutique law firm specializing in environmental law. Ms. Grachuk s practice includes environmental compliance counseling, environmental permitting of energy and brownfields redevelopment projects, and advice on managing environmental risk in complex transactions such as through environmental risk
5 insurance. Ms. Grachuk has experience with environmental issues arising within a variety of industrial sectors, including power generation, chemical production, and solid waste disposal. Ms. Grachuk is recognized as a leading environmental practitioner in Massachusetts in Chambers USA She was also selected for inclusion in the editions of Super Lawyers. Ms. Grachuk is admitted to the Massachusetts and District of Columbia bars. She received her J.D. (cum laude) from Harvard Law School in 1995, and her B.A. from Wesleyan University in Environmental Science and Science in Society in Ms. Grachuk clerked at the Connecticut Supreme Court for former Chief Justice Ellen A. Peters. Jeanine Grachuk, Esquire Beveridge & Diamond, P.C. 15 Walnut Street, Suite 400 Wellesley, MA Phone: (781) jgrachuk@bdlaw.com Michelle N. O Brien, Esquire Michelle O'Brien is a Partner at Pierce Atwood LLP. She handles environmental and land use permitting and related litigation for various types of developments including residential homes, commercial buildings, waterfront properties, wind turbines, and solid waste facilities. She defends companies in environmental enforcement matters at the federal, state, and local levels. Ms. O Brien also represents private parties in cost recovery and property damage claims involving releases of oil and hazardous materials, and assists clients with real estate transactions involving contaminated properties. Ms. O Brien is an appointed member of MassDEP s Waste Site Cleanup Advisory Committee and is an associate member of the LSP Association. She is on the Board of Directors of the Environmental Business Council of New England. She is a former co-chair of the Boston Bar Association Environmental Law Section and its Hazardous and Solid Waste Committee. Ms. O Brien has been recognized for her expertise in Chambers USA, The Best Lawyers in America, The Bar Register of Preeminent Women Lawyers, and Super Lawyers, among others. In 2015 she was named one of the Top Women of Law by Massachusetts Lawyers Weekly. Ms. O Brien obtained a B.S. in Education magna cum laude from Lesley University and her J.D. degree cum laude from Suffolk University Law School. Michelle N. O Brien, Esquire Pierce Atwood LLP
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