The EPA & Due Diligence.
Your Company...And YOU...At Risk!

Anyone achieving success in any field will tell you that every area of life and business requires Due Diligence at some level.

But here, Due Diligence is also a legal concept, relating to the EPA and SuperFund Site funding. And yes, it absolutely could negatively affect you and your company in the future. You are most likely “at risk” as you read this.

If a SuperFund Site occurs, and your company is found to be a supplier to that site, even if it was several steps down a chain of recyclers & handlers after it left your operation, your business could be liable for millions in fines (to fund the clean-up).

So, what can your company do to prevent this potentially devastating economic and public relations nightmare? How can you protect, avoid and remove YOUR liability?

Thankfully, the SUPERFUND RECYCLING EQUITY ACT can protect you.  It allows you to perform certain Due Diligence activities necessary, and thus protect yourself from Superfund liability.

Basically, IF you pay enough attention NOW to every aspect of your waste disposal operation, including the chain of possession, assessing all actions and handlers, from “cradle to grave”, and you document that research thoroughly and properly, then….

YOU ARE COVERED! Via SREA, the EPA “grants you a pass”! If a SuperFund Site occurs, and you have performed your Due Diligence, they will not come after you for SuperFund damages to fund the clean-up.


Call  Polley-Kane & Associates   830-216-4664

We have the experience, the custom templates, the training, and the mentoring to help you and your managers achieve the Due Diligence levels necessary to avoid EPA and SuperFund liability.

More questions? Ready to tackle your Due Diligence needs? Contact us today.

Professional Bull Riders?
Pabst Blue Ribbon?


Every business, every process in your state that has ANY kind of emission must have either:

  • a case specific permit,
  • a standard permit,
  • a Permit-By Rule, or
  • a De Minimus

You are not safe until you have documented them all.

If you have certain processes of equipment that “do not do much harm”, you can claim an automatic permit, or Permit By Rule,  by printing out the text of the State’s Permit By Rule and creating a document showing why it applies to your operation.

Call  Polley-Kane & Associates, Inc.  830-216-4664

PK&A comes in when you can’t (or do not want to) face the hassle with seeking out and documenting all these Permits By Rule (PBR’s).  Decades of experience and working with all environmental agencies allow us to quickly find out what and which PBR applies to each process and each piece of equipment in your operation.

And, PK&A’s main focus remains:  to mentor your environmental manager, so this process becomes yours, and you are not dependent on us.

Have more questions about PBR and YOU? Contact PK&A today!

Manager Mentoring (Environmentoring!)

Manager Mentoring is…

—us guiding your people to do the work, instead of our staff doing it for you.

—saving you money! It gets you to train internally, now (soon) with a knowledgable manager in-house/on-site!

At Polley-Kane & Associates, we have two types of clients. One client says, “PK&A, take care of everything. Just keep me posted and make sure everything’s fine. No problems!”

And that’s fine. we can do that.

Other customers say, “No. We want to do it ourselves, but we don’t know what to do”.

Is there an issue that’s going to get you in trouble?   We resolve that right now.    Is there an issue that isn’t enforced, or maybe is not as high of a priority?

We guide your designated manager through each and all. We train him/her to attend to the areas the inspectors will focus on.

Gradually, with each crisis, each report or filing, we do less and less. Your managers build the confidence to say “Hey, we’ve got this one covered! Just proof-read it for us!”

You currently put alot of pressure on your manager because, let’s face it, they already had alot to do, even before they took on environmental duties.                We come in to mentor and guide them as they learn.

“Whoa! You forgot THIS!” “Oops! There’s an annual time-pressure deadline on THIS!”

PK&A will be your conscience, reminding your managers of the priorities that these legal obligations have over that manager’s normal quality control and safety obligations. This builds skill-sets for your In-House Environmental Manager.

In addition, if these already overburdened managers were in the past unable to tend to environmental issues, even to the extent of missing deadlines, obligations and requirements….

…WHICH can lead to fines and even the shutdown of your operation….

then Polley-Kane & Associates is there for you in those situations, to keep you out of trouble, or get you out of trouble.

Have more questions about Manager Mentoring? Then contact PK&A today!

Capturing Internal Expertise

Every organization is constantly losing talent, information and valuable experience that is owned by its people;  it’s inevitable for all companies.

For almost every position in the company, they must then endure a huge window of training, and even with that some of the experience and knowledge is lost forever, because they were unique in the history of the company.

There are obviously many practical and financially beneficial reasons for your company to PRESERVE these vital aspects, to Capture Internal Expertise; most importantly the time, knowledge and talent investment your company has made to get to this point in its growth.

Polley-Kane & Associates designs a custom program, according to your need and budget; a readily retrievable multi-media documentation conducted and compiled by skilled interviewers working with all levels of your operation.

What else is often captured?  The original energy and enthusiasm, that fire and focus of the founders of the company. This is an aspect that is very difficult for a growing, expanding company to carry into & onto the next generation of workers.

Preserving the heritage for the new people coming into the company can help them touch and appreciate the intentions of the founders, at all levels of the company.

New employees tend to deduce their tasks and responsibilities from what they learned when they signed on.  So they often have scant notion of the depth and the vision that went into creating the job they are now learning.  They tend to look at the job “mechanically”, or by rote….and then they even streamline THAT.

They are not truly aware of the decision and experiences that built and created the position they have today, nor hold an appreciation for the company’s dynamic growth that brought it here and to the vital need for that new employee to become an asset to the continued future growth.

So when problems come up, dramatic market shifts, supply line disasters, etc, they are missing the inner strength, the inner knowledge to positively adjust, shift and progress throughout the storm.

This problem is very common.  Many companies have gone under due to this. Think about it and you’ll know it’s true…very few companies make it through their second generation of workers! Ever wonder why that is?

So, what you do, once Polley-Kane & Associates has helped you to Capture Internal Expertise is tap the knowledge and experience, the courage to shift and adjust and grow, in spite of the difficulties.

It can also serve as an easily retrievable, indexed resource for almost every task in the company, tapping the original courage and creativity that resolved and conquered the parallel issues and snags, large and small.

Capturing not only Internal Expertise, but also Internal Courage, and carrying it into the future.

Contact Polley-Kane & Associates today.   830-216-4664


Storm Water Warehouse Exemption

What Polley-Kane & Associates has to offer here is not really an “exemption”….it’s better!

It is an AUTOMATIC PERMIT, your documentation covering why and how you are now qualified to SKIP the forms, the filings, the fees, (and the fines?) that you thought were always necessary and unavoidable.

And no, we are not talking about NEC here (No Exposure Certification)!  An NEC still requires the forms, the filings, the fees, (and the fines?).

The EPA, and most states have followed their lead, has established a specific list of qualifiers that allow a warehouse operation to be exempt from permitting (“automatic permit”), saving you the time, hassles and costs of the Storm Water Permit Process.

Polley-Kane & Associates can help you determine if you qualify.  If you do not, PK&A can most likely help you achieve qualification status with some minor operational changes.

PK&A then helps you properly document that status, and it is complete!

Contact Polley-Kane & Associates to learn more. 830-216-4664

Self-Certified Spill Plan (SPCC)

A Spill Prevention, Control, and Countermeasure Plan, commonly known as an SPCC plan, identifies site specific details related to the storage and management of oil and oil tanks, and response procedures in the event of a spill.

The Environmental Protection Agency (EPA) requires SPCC Plans for facilities that could reasonably be expected to discharge oil into navigable waters if their facility has more than a 1,320 gallon capacity aboveground storage tanks and/or more than 42,000 gallons capacity in underground storage tanks.

In 2009, the Environmental Protection Agency established new regulations allowing certain types of facilities to “self-certify” without the expense of a professional engineer. This enables the facility owner to complete the required SPCC plan using existing facility resources…IF YOUR OPERATION QUALIFIES & MEETS THE ESTABLISHED CRITERIA.

Call   Polley-Kane & Associates     830-216-4664

We have the decades-long experience and knowledge to help you set up and complete your Self-Certified SPCC Plan.

And as with all of our products, we will mentor your managers so that your SPCC becomes a living, well-maintained document within your operation. This gives you the peace of mind you seek. The confidence that you and your staff are prepared for the unexpected and the emergencies, saving you headaches (and money) over the long term.

If you do not meet the requirements for a Self-Certified SPCC plan, we will refer you to a Professional Engineer who can create a full-size SPCC Plan.

EPA State, and Local Rules

With three decades of environmental experience and regulation focus, we keep you up to date, out of trouble and aware of the gaps in the program.

—filing obligations and deadlines

—areas that need attention (areas that inspectors WILL review)

—ways to save money on permitting and fees.