Phillips Law Firm, Inc. | Environmental Law, Family Law, Personal Injury, Business & Corporate, Estate Planning, Bankruptcy, Tax, Legal Attorney Malpractice, Insurance, Motorcycle Law, Bicycle Law Phillips Law Firm, Inc. | Honesty, Dignity, Equality and Justice | (513) 985-2500
 
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Phillips Law Firm, Inc.
9521 Montgomery Road
Cincinnati, OH  45242
Phone: (513) 985-2500
Toll Free: (888) 883-2600
Fax: (513) 985-2503
 

Environmental

EPCRA Citizen Suits - What to do when you get sued

  by John H. Phillips
You own and operate Independent Plating, Inc.("IPI"), in Cincinnati, Ohio. Your company is small, and you have been very diligent at complying with the environmental laws. Through your cooperation with the local sewer district, Ohio EPA and U.S. EPA, you are in full compliance with...

Sitting on Your Rights

  by John H. Phillips
Your father founded a company in 1958 called Old Painters, Inc. From 1965 to 1976, Old Painters, Inc. disposed of hazardous waste from its paint plant in a lagoon located on the company property in Anytown, New York. In 1986, your father retired, and you...

Environmental Trespass

  by John H. Phillips
You own Neighbors' Heat Treating, Inc. ("Neighbors") just outside of New York City. Your property consists of about 0.8 acres, is zoned industrial, and includes a 9,500 square-foot single-story building. Neighbors is in the business of heat-treating metal objects and ball bearings to harden them...

Release Reporting

  by John H. Phillips
You are the plant manager of Coaters and Platers, Inc. Your company recently acquired six acres of a fifty acre industrial site next to your current location for the construction of a new warehouse and parking lot. During the initial excavation of the acquired property,...

Whistle Blower Statutes

  by John H. Phillips
Employers have been known to ask employees to violate environmental laws. Sometimes, the request occurs because of an honest misunderstanding of the law and should be considered an innocent mistake. Less scrupulous employers have been known to ask employees to perform an activity that is...

Compliance Incentives For Small Businesses

  by John H. Phillips
You are the owner of Chromers and Platers, Inc., a business that you started thirty years ago and have grown to employ sixty people on a full time basis. You have diligently tried to comply with the environmental laws over the years, but with the myriad...

Any Credible Evidence Will Do

  by John H. Phillips
You own and operate Ace Plating and Painting, Inc. Your company specializes in coating materials for the secondary automotive parts market. You rechrome bumpers and grills, and strip and paint body parts for antique cars. You have been operating the business...

"New Sources" When Relocating A Factory

  by John H. Phillips
Your company, Deep Dutch Metal Finishing Company ("Deep Dutch") operates an electroplating operation in Deep Dutch, Illinois. Deep Dutch's electroplating operation generates wastewater that is treated before discharging into the Publicly Owned Treatment Works, the "sewer system." Your company has operated at its current location...

Unilateral Orders - U.S. EPAs Hammer For Enforcement

  by John H. Phillips
You are the President and owner of Barrel Finisher's Inc., a drum recycling company. Your company has been operating at the same location since World War II. Your company receives metal 55-gallon drums from companies, removes the contents left in the drum and then paints...

Citizen Suits and the Clean Water Act

  by John H. Phillips
You are the owner of Acme Metal Coating, Inc., a metal coating plant. A river runs next to your plant into which you discharge your treated wastewater. You are very conscientious about your waste water discharge and have put a lot of money into wastewater...

The Clean Air Act -- Major Source or Area Source -- Choose Now

  by John H. Phillips
The 1990 Amendments to the Clean Air Act (CAA), including the title V operating permits program, have made source status as a "major source" of considerably greater relevance to facilities that emit regulated pollutants. The 1990 Clean Air Act Amendments significantly lowered the threshold for...

Waste Minimization Plans--A Regulatory Requirement

  by John H. Phillips
You are the president of Poly Painters, Inc., a polymer based metal coating facility. Your facility generates approximately two thousand kilograms of hazardous waste per month that you properly handle and send out for disposal. Your business operates profitably, but as with so many industries,...

Satellite Accumulation Areas

  by John H. Phillips
You are the owner of Multi-Step Platers of Ohio, Inc. Your business has several plating lines where it processes materials. Three of the plating lines are in one building, and one of the plating lines is three miles away at another facility. Your company generates...

Hazardous Waste Generators -- There Is A Difference

  by John H. Phillips
You are starting your own business, Tinters, Inc. Your new business will specialize in tinting various metals, plastics and ceramics for other industries. Your process involves the application of various tints to achieve custom color combinations. You have secured several contracts for your services. With...

Hazardous Waste and the Mixture Rule

  by John H. Phillips
You are the plant manager of Widgets, Inc. Your company produces painted widgets in a patented two step process. The first step produces the widget and the second step paints it. Producing the widget generates a dry solid waste which looks a lot like sand....

Enforcing RCRA Cleanups

  by John H. Phillips
After years of saving your hard earned cash, you finally achieved one of the great American dreams; you bought your own business. With your experience in the metal finishing industry, you financed and purchased a business called Platers and Coaters. Platers and Coaters has been...

An update to "A Good Side of RCRA"

  by John H. Phillips
In the February 1996, edition of Metal Finishing, I wrote an article entitled "A Good Side of RCRA." On March 19, 1996, the Supreme Court of the United States published an opinion on RCRA cleanups that could change the way companies and their attorneys approach...

How Businesses Can Benefit From RCRA’s Citizen Suit Provisions

  by John H. Phillips
After years of saving your hard earned cash, you finally achieved one of the great American dreams; you bought your own business. With your experience in the metal finishing industry, you financed and purchased a business called Platers and Coaters. Platers and Coaters has been...

Indemnification Agreements Not Always Worth the Paper They’re Written On

  by John H. Phillips
Your company, Heavy Metal Plating, Inc., operates the Old Alabama Plating Facility. a hard chromium plating plant in Alabama. The prior owner of the plant, Dirty Operators, Inc., operated the Old Alabama Plating Facility as a hard chrome plating facility from 1905 until 1978. In...

Another Chapter in "Arranging for Disposal"

  by John H. Phillips
You are the owner of Metal Painters, Inc. Like most metal finishing companies, you use solvents in your operations for cleaning certain metal parts prior to coating. Thomas Solvent, a producer and seller of solvents, sold virgin solvents to numerous customers, including your company from...

Paying Only Your Fair Share

  by John H. Phillips
Your company, Silvers, Inc. formerly operated a silver plating facility in Anytown, USA. Your company sold the plant to Chromers, Inc. in 1978. Chromers, Inc. used the facility exclusively for chrome plating. In 1990, a citizen in your community complained to...

Drums of Liability

  by John H. Phillips
You are the president and majority shareholder of Painters, Inc., a custom painting company. You started the company in your garage, and quickly relocated to a larger facility where you accept work from manufacturers for custom paint finishing. Because of the continued success of your...

Inheriting Trouble

  by John H. Phillips
Your grandfather started a family business almost 80 years ago called Coaters, Inc. Although much more automated and modernized, the company still manufactures the same products, using the same chemicals as when your grandfather founded the company. Forty years ago, your father inherited the business...

Trustee Liability Under CERCLA

  by John H. Phillips
Your father and mother were the owners of Trusted Plating. Trusted Plating has been operating as a plating company since the 1940's. Trusted Plating has never been a major company, but it has provided your parents with a comfortable living, and it put you through...

Recent Developments In Avoiding CERCLA Liability

  by John H. Phillips
In 1975, your company, Wishful Platers, Inc. bought a two hundred acre parcel of industrial property on which you hoped to place a new factory someday. In 1985, Wishful Platers sold the property to Anchor Corporation. Although you had hoped to develop the property, in...

Understanding CERCLA’s Petroleum Exclusion

  by John H. Phillips
You are the owner and founder of Clean Platers, Inc. You recently moved the company location to a twelve-acre parcel of ground that you purchased in 1993. You formerly operated the company on an eight-acre parcel of land purchased from a company...

Making your Insurance Company Cover CERCLA Liability

  by John H. Phillips
Prior to 1986, your company, Southern Platers, Incorporated (Southern) operated a chrome plating facility in Tampa, Florida. You used tetrachloroethylene, commonly referred to as perchlorethylene or "perc" as a solvent to degrease parts at your facility before switching to unchlorinated solvents. The main perc supply...

Between A Rock And A Hard Place

  by John H. Phillips
You are the Plant Manager for Coaters, Inc., an Ohio Corporation. Founded in 1963, your company prepares and coats a variety industrial equipment for its customers. Your operation uses different preparation techniques before coating depending on the particular coating application. Some equipment is sand blasted...

Too Small For An Air Permit

  by John H. Phillips
You are the owner of a widget assembly plant called Nopaint Inc. Your facility exists in Ohio, but does business with manufacturers all over the United States. Your plant receives premanufactured parts from around the country and assembles the parts into...