FAQ - Personal Injury

Things to Consider: Hiring Environmental Consultants and Contractors

For a small businessperson, dealing with toxic waste clean up can be confusing and intimidating. The EPA has published some pamphlets to aid you in the process. Here are some of the basic themes:

The EPA recommends that, above all else, you use common sense when you are facing a petroleum or hazardous substance spill. You need to trust your common sense, gather some background information, and find the people to do the best job of cleaning it up.

It is important to learn your state program regulations to make sure you abide by your state's laws about cleaning up problems. Almost every possible environmental problem has a specific set of regulations concerning it. A common environmental problem, which the EPA uses as an example, involves leakage from underground storage tanks (USTs). For assistance in environmental compliance, consult and experienced environmental law attorney.

Most States have a fund to help underground storage tank owners pay for cleaning up certain environmental problems such as tank leaks. A state fund administrator generally manages the fund. Check with your state's fund administrator to see if you are eligible to receive these funds and to learn about other requirements you need to fulfill before you hire a contractor.

You need to have a business plan that includes finding contractors or consultants to diagnose and complete the work. It involves more than picking a company from the phone book, or making the decision based on low a price. As with other vendors, the contractor or consultant offering the lowest price for a site assessment and cleanup does not always provide the best service.

Contractors generally put in bids for the following two types of jobs:

• Site Assessment in which the contractor determines the extent of the contamination, and

• Cleanup Management in which the contractor actually cleans up the spill.

Once your contractor has completed a site assessment, you will have sufficient data to obtain bids for the cleanup. You can have one contractor do both the assessment and cleanup, or you can have separate contractors for each job. Either way, you want to be sure that you are paying appropriate fees for adequate services.

There is a difference between contractors and consultants as terms of art. Consultants often give expert advice but may not be involved in day-to-day fieldwork. Contractors usually fall into one of two categories: full-service contractors and specialty contractors.

• Full-service contractors have the capability to perform site assessment and cleanup work without obtaining the services of another contractor.

• Specialty contractors are qualified to perform only certain aspects of a site assessment or cleanup. A specialty contractor generally works on limited activities, like installing wells or designing a cleanup plan.

There is another term you will be familiar with from your day-to-day business activities. Subcontractors are either full-service or specialty contractors that perform services at a site under the direction of another contractor. As an owner or operator, you would probably interact only with the prime contractor.

Free Consultation - No Recovery = No Fee