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Fostering the Remediation & Redevelopment of
Manufactured Gas Plant Sites

William L. Pence


William L. Pence

William L. Pence, Partner, BakerHostetler


Bill Pence is a partner in the Orlando Offices of Baker & Hostetler, where he represents utilities, municipalities, manufacturing facilities, bulk fuel pipeline and terminal facilities, bulk chemical storage facilities, developers, and property owners regarding the management of liabilities associated with contaminated properties. Bill has significant experience managing the investigation and remediation of former manufactured gas plant sites and chlorinated solvent and petroleum contaminated sites; the defense of enforcement actions under CERCLA, RCRA, CWA, Pipeline Safety Act, and similar state programs; the prosecution and defense of private party cost recovery actions; and landfill permitting.  He also provides counsel on a broad range of environmental regulatory programs, including the regulation of pipelines by PHMSA.

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  • Represented a municipality in connection with a $13 million assessment and remediation of waterfront property impacted by the former operations of a manufactured gas plant under a streamlined United States Environmental Protection Agency (USEPA) Engineering Evaluation/Cost Analysis process, resulting in one of the fastest site cleanups in USEPA Region 4. Successful pursuit of the former/owner operator resulted in reduction of our client's share (as current owner) for costs of cleanup to less than 10 percent of the total cost. 
  • Represents numerous utilities, municipalities and current property owners in connection with the investigation and remediation of more than 20 former manufactured gas plant sites. Negotiated scope of investigation and remedial design with USEPA and state and local environmental regulatory bodies, negotiated administrative orders and consent decrees with such regulatory bodies, negotiated applicable cleanup criteria, solicited and managed environmental consulting and construction firms, identified other potentially responsible parties, negotiated cost allocation agreements with such parties and, on occasion, litigated with such parties on allocation and access issues, and assisted with the redevelopment of such sites following, or in connection with, remedial action at the sites. 
  • Represented a Florida manufacturing facility in connection with a corrective action under the Resources Conservation Recovery Act (RCRA) to address the presence of dense non-aqueous phase liquid (DNAPL) associated with a chlorinated solvent spill. Obtained clean closure at one of the few DNAPL sites ever successfully remediated under RCRA. 
  • Represented a large pharmaceutical firm in defense of an RCRA enforcement action for hazardous waste management in which the Florida Department of Environmental Protection sought penalties in excess of $2 million. The case was settled for less than $30,000 in penalties. 
  • Represents a bulk petroleum terminal and storage and pipeline facilities in connection with regulatory compliance matters, applications to PHMSA for special permits, and management of assessment and remediation of petroleum contamination at such facilities. Assists with the preparation of facility response plans, SPCC plans, terminal facility operations manuals, pipeline facility operations manuals, integrity management plans and operator qualification plans, and represents such facilities during federal and state inspections. 
  • Represents clients identified as potentially responsible parties under Superfund and similar state programs. Serves on Superfund steering committees, negotiates allocation agreements with other responsible parties, and represents clients in the prosecution and defense of cost recovery claims under the Superfund and claims for damages under state laws.
  • Represented numerous aerospace and high-technology industries in connection with solid and hazardous waste compliance issues, RCRA closures and Superfund cleanups with emphasis on chlorinated hydrocarbon contamination. These included mitigation of penalties exceeding millions of dollars in RCRA solid and hazardous waste enforcement actions, negotiation of consent orders with USEPA and state regulatory bodies providing for closure of hazardous waste management units, and selection and management of consultants contracted to design and implement a final remedy. 
  • Represents municipalities in connection with the permitting and closure of solid waste landfills, including providing counsel for the beneficial reuse of former landfills.