W. Patrick Stallard

Represented an international construction firm in the post-construction phase of a very large inner-city commercial building following discovery that in excess of 65,000 tons of contaminated soils excavated from the building site had been mistakenly disposed by a project subcontractor at a landfill permitted to accept only clean fill. At the time of discovery of the contaminated soils, a year after completion of construction, it was determined that the soils were disbursed throughout the 100 acre disposal site and at varying depths. The client elected to remove all contaminated soils rather than cap/manage in place due to the location of the disposal site in an area of frequent flooding from a nearby river. A clean closure was accomplished and settlement among several parties for the remediation costs was achieved without resort to litigation.

Represented a large manufacturer of chemical additives for the rubber and plastics industries in complying with the requirements of the RCRA program, including RFA/RFI, corrective action and the preparation of a comprehensive risk management plan.

Represented two large bourbon distillery companies that had releases into adjoining waters of hundreds of thousands of gallons of bourbon resulting from warehouse fires; assisted with immediate response actions and negotiations with state and federal enforcement agencies.

Represented several potentially responsible parties (PRPs), including two of the largest contributors, in a Superfund removal action initiated by USEPA, at a former hazardous waste incinerator site that had operated from the 1950’s through 2003. The removal action consisted of removal and disposal of containerized chemical waste, and demolition and disposal of the large commercial incinerators and incinerator buildings. Stites & Harbison served on the Negotiating Committee, the Steering Committee, and the Allocation Committee for various PRPs from the initial negotiations with USEPA leading to a consent decree for the removal, through the takeover of removal work by the PRPs at the site, through negotiations with the state agency regarding a permanent remedy.

Represented a large bulk chemical transporter named as a generator at a Superfund site that was formerly a recycling, storage and disposal facility covering 150 acres that operated from 1964 through 1997. Contaminants of concern include acid and caustic compounds, solvents, and gasoline and crude oil tank bottoms. The remedial investigation and feasibility study have been completed, as well as a treatability study documenting solidification and landfilling of the source material can be an effective remedy.

Represented several companies among 87 Superfund PRPs named as generators at a site that was purportedly a nonhazardous waste transfer facility covering nine acres that operated from late 2002 to April 2004 when the operator abandoned approximately 13,000 drums and totes, tanker trucks and other containers at the site. Initial removal activity by USEPA included hazard categorization sampling that indicated that much of the containerized waste was hazardous. The PRPs entered into a consent decree and completed the removal action in 2008. In 2010, USEPA named additional PRPs, including other Stites & Harbison clients, in an effort to collect its past costs that were not charged to the initial PRP group.