UNDERGROUND STORAGE TANKS – SUPERB ACT IN SOUTH CAROLINA
UNDERGROUND STORAGE TANKS – SUPERB ACT LAWYER IN COLUMBIA, SC
UNDERGROUND STORAGE TANKS / SUPERB ACT:
The Resource Recovery and Conservation Act (RCRA) requires that the states regulate petroleum containing underground storage tanks. South Carolina, for the most part, adopted the federal regulations of storage tanks. The Federal Government also required each state to require entities owning such underground tanks (USTs) to have some sort of insurance or financial assurance in case of leaks. South Carolina enacted the SUPERB Fund which is a state fund designed to “clean up” of rehabilitate sites where the tanks have leaked in the past or start leaking petroleum product into the groundwater and/or surrounding soils. The Fund is paid for by a gas tax and fees for registering USTs. Owners must meet certain criteria to use the fund including showing substantial compliance with the UST regulations as all associated laws.
Charles (Chuck) Ormond has over 26 years as an environmental attorney and began his career with large regional law firms and focused on environmental law. If you have an enforcement action or have an issue involving environmental laws, we would be happy to help.
HAZARDOUS WASTE:
The South Carolina Hazardous Waste Management Act and the Resource Recovery and Conservation Act (RCRA) and the regulations promulgated under these Acts serve to regulate hazardous substances from the “cradle to the grave.” Penalties in this area of the law can be steep and can be assessed whether the company knows the specific regulation or not. The determination of what qualifies as hazardous waste can be complex especially for entities engaged in recycling or entities which only store hazardous waste.
Charles (Chuck) Ormond has over 26 years as an environmental attorney and began his career with large regional law firms and focused on environmental law. If you have an enforcement action or have an issue involving environmental laws, we would be happy to help.
GROUNDWATER CONTAMINATION OR DAMAGE:
AQUIFERS and GROUNDWATER, provide much of the drinking water to South Carolina citizens and industry. The contamination of groundwater at one location can cause significant liability for the polluter and the land owner. If the contamination migrates or moves (most subsurface aquifers and water flow to some degree) onto property belonging to others, liability for damages may well exist under several legal statutes and common law causes of action.
This area of the law is complex and not fully developed in the courts. Federal statutes such as CERCLA or “Superfund” may apply. Depending on the type of contamination and nature of the release or discharge, there may be insurance or state fund coverage. As a geologist who worked in industry for six years prior to law school, Mr. Ormond has handled many cases, including several trials, where the subject of the matter was property that was contaminated by prior owners without disclosure or contamination that had migrated onto another’s property from a polluting source. This area of the law and include disputes between industry and private landowners as well as landowners contaminated by governmental entities; inverse condemnation. Leaks from underground storage tanks (USTs) containing petroleum products may be covered under SUPERB.
Disputes and litigation concerning contamination of soils and/or groundwater – aquifers, require significant technical documentation and understanding. Experts are usually required to testify as to both cause and damages.
HOW WE CAN HELP:
Charles (Chuck) Ormond has over 26 years as an environmental attorney and tried one of the first groundwater contamination cases to be heard in the South Carolina Federal District Court in 1991. Ben Dunn has over 20 years of real estate experience. A case involving the contamination of soils and/or groundwater requires knowledge and experience in both areas. In some instances, the Firm will accept contamination cases where the legal fees are on a contingency basis and we will meet with you for a one half hour initial consult for $50.00 to discuss these issues with you.
