Maraziti, Falcon & Healey, LLP

Counseled a precision equipment manufacturing corporation in a Spill Act enforcement action and successfully negotiated an administrative consent order with the New Jersey Department of Environmental Protection which allowed the company to utilize natural remediation in lieu of an active pump and treat system for groundwater contamination, resulting in a substantial savings to the client. Ultimately, MF&H was able to convince the New Jersey Department of Environmental Protection to recognize the responsibility of other parties for the contamination.

Represented a major international petroleum storage and distributor operation in responding to a directive of the New Jersey Department of Environmental Protection citing a discharge which they characterized as one of "immediate environmental concern" and successfully negotiated a significantly reduced scope for the directive and protected the corporation from fines and penalties. MF&H also advised corporate counsel regarding complex environmental issues and liabilities in connection with planned purchase of major chemical storage terminal in Northern New Jersey and developed contractual terms to limit exposure and maximize opportunities through creative use of ISRA provisions.

Negotiated a workable administrative consent order which allowed a nationally known food processing company to construct an innovative pretreatment facility thereby abating significant fines which threatened the continued viability of the company's business. The company's facilities were accorded reasonable interim limits while constructing its pretreatment plant. The new plant consistently meets the final limits and the company has thus averted any further penalties.

Recovered charges owed to a regional wastewater treatment authority under a municipal service agreement and defended a counterclaim by the municipality seeking to diminish its responsibility for debt service payments. The client recovered all past due charges plus interest, legal costs, and engineering fees while successfully resisting the counterclaim.

Fended off a penalty of approximately one million dollars on behalf of a public entity by helping to develop a proposal acceptable to New Jersey Department of Environmental Protection which also obviated the need for an Administrative Consent Order.