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Cessation of Operations and Facility Closure Assistance
Ceasing operations or closing a facility permanently requires more than putting padlocks on the door and turning off the lights. The potential liability of not removing hazards from the property is significant, and planning for the future disposition of the building and real property needs to be considered in the initial cessation of operations planning.
There are many reported incidents where a company ceased operations but failed to adequately remove hazardous substances and otherwise mitigate hazards at the property. These include a little girl drowning in an abandoned, flooded factory pit and vandals who, while scavenging for copper, caused a release of polychlorinated biphenyls (PCBs) to a nearby creek, requiring a clean up that lasted three years and cost over $8,000,000.
The Payne Firm is adept at consulting with companies that are ceasing operations or closing a facility permanently. We work with companies to determine their objectives, often in conjunction with their environmental legal counsel. If warranted, the Firm will conduct a Phase I Environmental Site Assessment to determine any areas of potential environmental and/or safety risk and liability. If risks are uncovered, the Firm can assist the company in addressing them, offering a variety of approaches to keep expenses at a minimum.
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