Agenda

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Day One: Wednesday, April 27, 2022
8:30 – 11:45 am EDT (including a 15-min. break)
Day Two: Thursday, April 28, 2022
8:30 am – 12:15 pm EDT (including a 15-min. break)

 

Agenda Day One
Water Use and Allocation in Pennsylvania                     Z. Koslap, M. Dillon, S. Hill
Ownership of surface water and groundwater
Regulation of surface water and groundwater rights
Obtaining surface water and groundwater rights
Application and permitting process
Amending surface water and groundwater rights
Current issues in surface water and groundwater rights
Susquehanna and Delaware River Basin Commission (SRBC and DRBC)

Clean Water Act Hot Topics                                              B. Gotanda, T. Kantorczyk
Overview Federal Clean Water Act and NPDES permitting
Groundwater, indirect discharges and functional equivalency
Waters of the United States (WOTUS)

Update on PFAS and Other Contaminants in Water
Regulatory developments                                                   K. Campbell, J. Hunt, W. Hitchcock
Science of PFAS
Litigation updates
Mitigating risks    

 

Agenda Day Two
Water Quality Issues Associated                             D. Silva, J. Spergel, M. Nines
with Development and Construction
Determining what permits you may need for your project
• PADEP Ch 102 Erosion and Sediment Control
• PADEP Ch 105 Water Obstructions & Encroachments
• USACE 404 – Discharge of Dredged Fill Material into Waters of the United States
General permits and nationwide permits
Individual permits
Endangered Species Clearances (PNDI & USFWS) rd PADEP Permit requirements & obligations
Act 167 Stormwater Planning
Sewerage Regulation (Act 537) and septic systems
Local stormwater regulations
Stormwater fees and “green stormwater” requirements
Post-construction stormwater management requirements
Industrial stormwater permitting

Compliance and Enforcement                                                         B. Franey, S. Daly
State and federal enforcement process
What to do when an inspector shows up
Benefits and risks of self-disclosure

 

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Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

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Credits

Pennsylvania Attorneys
6.5 CLE Hours

Pennsylvania Engineers & Geologists
6.5 PDHs

Floodplain Managers
6.5 ASFPM CECs

 

Continuing Education Credit Information
This webinar is open to the public and offers 6.5 CLE hours to Pennsylvania attorneys. HalfMoon Education is an approved CLE sponsor for Pennsylvania attorneys.+

This course offers 6.5 PDHs to Pennsylvania professional engineers and geologists. Providers and courses are not subject to preapproval in Pennsylvania.

The Association of State Floodplain Managers has approved this event for 6.5 CECs.

Completion certificates will be awarded to participants who complete this event, respond to all prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

+CLE credit approved for live event only.

Speakers

Kate Campbell

Manko, Gold, Katcher & Fox LLP
Ms. Campbell is a Chambers-ranked litigation partner at the firm focusing on environmental, toxic tort and class action litigation and Superfund and RCRA remediation matters. In addition to her litigation and remediation practice, she has also been involved for many years in activities involving Total Maximum Daily Loads (TMDLs) for toxic pollutants, advocating on behalf of individual clients and a regional coalition of industrial and municipal dischargers. Through this work, Ms. Campbell has been able to develop a detailed understanding of the nuances of the Clean Water Act and the TMDL regulatory program, and the contours of TMDL litigation at the federal and state levels.

Stephen Daly

Manko, Gold, Katcher & Fox LLP
Mr. Daly concentrates his practice on environmental litigation and has broad experience litigating a wide variety of environmental and administrative matters including responding to and defending against agency enforcement actions, as well as defending against citizen suits under the federal Clean Water Act and the Pennsylvania Clean Streams law, among other environmental statutes.

Michael Dillon

Manko, Gold, Katcher & Fox LLP
Mr. Dillon works in the firm’s complex industrial and regulatory practices, with a particular focus in the areas of air, water quality, and endangered species regulation. He has worked with a wide array of clients, including those in the manufacturing, waste, power generation, commercial development, transportation, education, and municipal sectors. Mr. Dillon counsels clients on environmental matters at both the state and federal level, including permitting, agency enforcement, and regulatory compliance involving air emissions, wastewater, stormwater, impacts to endangered species, and solid and hazardous waste.

Bryan Franey

Manko, Gold, Katcher & Fox LLP
Mr. Franey has experience in counseling and representing clients on a range of environmental and energy matters. His practice has focused on regulatory compliance and transactional matters, particularly in the areas of air and water quality, redevelopment, sustainability, permitting, energy efficiency and renewable energy development. Over the last several years, Mr. Franey has primarily worked with complex regulated industries, notably including petroleum refining, chemical processing, oil and gas operations, metal manufacturing, and electric generating facilities.

Spencer Hill Jr.

Manko, Gold, Katcher & Fox LLP
Mr. Hill concentrates his practice on environmental litigation. Prior to joining MGKF, he began his career at a large national firm based in Philadelphia where he gained extensive experience in white collar criminal defense, internal investigations, and complex commercial litigation. He also advised and represented clients in corporate governance and securities matters along with breach of contract claims and charter school law.

Will Hitchcock

Manko, Gold, Katcher & Fox LLP
Mr. Hitchcock brings nearly a decade of experience to the firm from his time spent in the chemical manufacturing sector. With degrees in both Chemistry and Environmental Engineering, he has a diverse skill set that allows him to advise clients on complex technical and regulatory issues. He can explain complex technical arguments in ways that are easily understandable to decision-makers who may not have extensive scientific backgrounds or familiarity with the subject matter.

Jessica D. Hunt

Manko, Gold, Katcher & Fox LLP
Ms. Hunt concentrates her practice in environmental regulatory compliance and permitting matters, with a particular focus in the areas of air and solid waste. Prior to joining MGKF, she was an assistant counsel for the Commonwealth of Pennsylvania, Department of Environmental Protection where she counseled the Department’s Air Quality and Solid Waste programs since 2014. In law school, Ms. Hunt was a law clerk for the U.S. Environmental Protection Agency, a law clerk for the Philadelphia Water Department, and a legal intern for Aqua America.

Brenda Hustis Gotanda

Manko, Gold, Katcher & Fox LLP
Ms. Hustis Gotanda has over 25 years of experience representing and counseling business clients on environmental matters, including regulatory compliance, permitting, transactions, project development, and enforcement. Her practice addresses a broad range of complex issues involving the regulation of water, waste, air, and chemical substances and she has handled significant ma tters involving wastewater discharge and stormwater permitting, total maximum daily load (TMDL) development, and water allocation; site remediation and brownfield redevelopment; waste handling, treatment and disposal; business and real estate transactions, due diligence and contracting; occupational safety and health (OSHA); and spill prevention and emergency response.

Todd Kantorczyk

Manko, Gold, Katcher & Fox LLP
Mr. Kantorczyk has extensive experience advising clients on complex issues related to regulatory compliance, litigation, and transactional matters, particularly in the areas of wetlands and stormwater permitting, chemical regulation, air, climate change, and energy. His practice has included matters related to chemical regulation under the Toxic Substances Control Act, as well as natural gas production in the Marcellus Shale Region and associated infrastructure development, including cutting-edge issues affecting the regulation of upstream and midstream natural gas operations under federal and state air quality and water resource programs.

Zachary Koslap

Manko, Gold, Katcher & Fox LLP
Mr. Koslap concentrates his practice in regulatory compliance and transactional matters, with a particular focus on water, waste, brownfield redevelopment, permit compliance, agency enforcement and environmental justice matters. Prior to law school, he was a Peace Corps Volunteer in the Republic of Macedonia, where he specialized in local government and community development. Mr. Koslap also completed service with AmeriCorps, working in small business development at the Lower Manhattan Business Solutions Center.

Michael Nines P.E. LEED AP

Manko, Gold, Katcher & Fox LLP
Mr. Nines serves as one of the firm’s senior technical consultants and is a licensed professional engineer with diverse environmental engineering experience gained through previous employment in the manufacturing sector, environmental consulting, and with an international chemical manufacturing trade association. He focuses on the intricacies of the firm’s client’s complex manufacturing facilities, development projects, and related technologies to fully comprehend relevant multi-media regulatory concerns while maintaining a corporate management perspective to problem solving. Mr. Nines has specifically supported the firm’s clients in various water quality issues such as stormwater permitting, wastewater utility permitting, sewer planning, and stormwater fee mitigation among others.

Diana Silva

Manko, Gold, Katcher & Fox LLP
Ms. Silva concentrates her practice in environmental litigation, including statutory contribution and cost recovery actions, toxic tort claims, contractual disputes, and administrative enforcement actions. She also counsels clients on environmental regulatory compliance matters, as well as permitting related to land development issues. Ms. Silva has helped represent one of the largest international pipeline entities with environmental compliance counseling project management support in addition to litigation defense in several forums. She is also experienced in the defense and resolution of claims asserted under the federal Comprehensive Environmental Response, Compensation, and Liability Act, the Clean Water Act, the Pennsylvania Clean Streams Law, and many other state and federal regulations.

Jonathan Spergel

Manko, Gold, Katcher & Fox LLP
Mr. Spergel handles a wide variety of environmental legal issues, including the environmental aspects of commercial transactions and brownfields sites, environmental insurance procurement and coverage issues, public funding opportunities, regulatory compliance counseling, and litigation for commercial, industrial, residential, and individual clients. He is the former Managing Partner of Manko, Gold, Katcher and Fox and served as general counsel for a regional real estate development company that focused on the redevelopment of brownfield sites early in his legal career.