1. Practice Pointers For
Negotiating and Drafting
Environmental Access
Agreements
Suzanne Ilene Schiller
Jill Hyman Kaplan
Manko, Gold, Katcher & Fox, LLP
Philadelphia, PA
2. Concepts
Situations When Used
Scope of Work – Investigation and Remediation
Repair and Restoration
Dates and Times
Defining “Applicable Laws”
Waste Handling
Work Plans, Sampling Results and Reporting
Indemnification
Insurance
3. Situations When Used
Transactions
Investigation and Remediation
Agency Action
Prospective Purchasers
Private Remediation
Easement/Repair Access
4. Scope of Work -- Investigation
Sampled Media
Soil
Groundwater
Soil Gas/Vapor – Indoor Air
Possible Concerns
Trigger environmental liabilities
Trigger reporting/notification Issues
Completion of Investigation/Remediation
Waste Disposal
Well Closure
5. Scope of Work -- Remediation
Duration of Agreement
Repair and Restoration
Objective/Subjective Standards
Quality of Materials
Zoning and Permitting
Dispute Resolution
6. Dates and Times
Business Interruption
Convenience & Security
Advance Notice
Right to Observe/Split Samples
8. Waste Handling Provisions
Disposal
Responsibility for proper storage, handling,
treatment and disposal
Testing of Waste and Generator Identification
HAZWOPER Certification
9. Work Plans, Sampling Results and
Reporting
Scope of Work/Work Plan Identification
Locations
Post-Remediation Sampling
Additional Work
Right to Review Agency Submittals of Future
Work Plan Documents
Procedure for Agency Reporting of Findings
10. Indemnification
Types of Claims
Standard for Liability
Workers’ Compensation Bar
Effect of State Laws on Contributory Negligence,
Indemnification for Own Negligence, Statutes of
Limitation
Notification and Acceptance of Tender Procedure
11. Insurance
Types of Coverage
Insuring Provision – Primary, Named Insured
Certificate of Insurance v. Full Policy and
Endorsements
Deductible/Self-Insured Retention
Claims Made/Tail
Location Included in Coverage
Indemnification Coverage
Waiver of Subrogation/Releases
12. Questions or Further Information
Suzanne Ilene Schiller
(sschiller@mankogold.com)
Jill Hyman Kaplan
(jkaplan@mankogold.com)
Manko, Gold, Katcher & Fox LLP
401 City Avenue, Suite 901
Bala Cynwyd, PA 19004
(484) 430-5700
www.mankogold.com