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A
pesticide/fertilizer mixing warehouse and distribution facility burned
to the ground from an accidental fire.
In the fire, hundreds of chemicals were incinerated, and the pollution
was spread and exacerbated by water used by fire fighters to put out the blaze.
A mandatory evacuation of residents in a
five-mile radius around the facility was ordered. The client faced immediate investigation, scrutiny
and enforcement from federal, state and local authorities, and faced tremendous
financial liabilities.
 Photo Captions: Photo 1 shows the site still smoldering after the fire; Photo 2 shows the site after remediation has begun; and, Photo 3 shows the site after remediation is completed and accepted by IEPA.
The
Misiorowski Law Group was quickly retained and implemented its unique Case
Management Model to assist the client in recovering from the tragic fire. The client utilized MLG to help develop and
implement a Compliance Commitment Plan for environmental remediation, to
negotiate with government to avoid lawsuits, to assist in filing insurance
claims, to provide community-right-to-know notifications, and later to litigate
against insurers that refused to reimburse for portions of the damages. Significantly, MLG also assisted the client
in submitting an application for a Department of Agriculture grant, and succeeded
in securing an additional $500,000 to help pay for the cleanup, saving the
client and its insurers significant cleanup expenses.
Despite
this unfortunate and tragic event and the resulting losses, The Misiorowski Law
Group LLC obtained insurance coverage for the client exceeding $2 million,
negotiated with governments and convinced all agencies not to file lawsuits
against the client, kept the client’s business operating with minimal interruption,
avoided all liability from third party suits, quickly cleaned up the site to
Illinois EPA’s satisfaction, avoided admission of liability for the event, and
efforts are near conclusion on an Environmental Land Use Control (deed restriction) saving additional
cleanup costs.
VALUE ADDED ACHIEVEMENTS:
- Secured $500,000 remediation
grant from Illinois Department of Agriculture
- Organized and completed
total site remediation in short period of time
- Convinced all governments to
assess $0 in fines or penalties
- Successfully negotiated
cleanup standards for project
- Helped obtain over $2
million in insurance coverage
- Ensured no lawsuits from
government entities
- Ensured no lawsuits from
third parties
- Limited business
interruption and secured insurance for business interruption losses
- Provided business and
environmental consultation for client’s other facilities
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