Underground Storage Tanks

Underground storage tanks (USTs) create regulatory hurdles and pollution concerns at many industrial, commercial and residential properties. Since 1994, McMahon DeGulis has had the preeminent UST practice in the state. We have assisted clients in complying with UST regulations, responding to state inspections and Notices of Violation, maximizing coverage under the state UST insurance fund, and overseeing the closure of USTs and contamination assessment of UST sites.  

In addition to regulatory assistance, we also counsel clients in the determination of responsibility for previously abandoned USTS, negotiate cost-effective investigation and cleanup using risk-based corrective action where appropriate, and provide vital oversight during UST closures to maximize reimbursement from state UST cleanup funds.  We have also been successful pursuing financial reimbursement from other potentially responsible persons through litigation. McMahon DeGulis attorneys have argued UST issues before both the Ohio Supreme Court and the Sixth Circuit Court of Appeals.

This support can be provided directly to the client or in conjunction with environmental consultants.

Representative Matters

 

• Handling more than 50 UST matters in civil and administrative venues, including favorable jury verdicts and awards of summary judgment as well as defending judgments in the United States Court of Appeals for the Sixth Circuit. Davis v. Sun Oil Co., 148 F.3d 606 (6th Cir. 1998)

 

• Assisting landowners, developers, lenders and Fortune 500 companies to obtain regulatory closure (no further action letters) for sites with petroleum contamination from USTs and responding to state inspections and Notices of Violation

 

• Successfully challenging Orders of the Ohio Fire Marshal before the Environmental Review Appeals Commission.

 

• Assisting UST owners to obtain state fund eligibility for corrective action costs for releases of petroleum from USTs

 

• Routinely appearing in administrative hearings on behalf of UST owners who have been denied fund eligibility or fund reimbursement for all or part of corrective action costs

 

• Assisting responsible persons in submitting claims packages for reimbursement of corrective action costs

For more information on Underground Storage Tanks, please contact Suzanne Fisher.

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