Steve Matzura

Firm/Organization: McNees Wallace & Nurick LLC

Blogs: McNees Auto Dealer Law Blog, McNees Land Use Blog, McNees Public Sector, Pennsylvania Labor & Employment Blog

Latest Articles

Attention Developers! Construction Stormwater Permitting Changes Imminent

By Scott Gould, Steve Matzura & Errin McCaulley on September 10, 2019

Real estate developers, construction businesses, engineers, and others involved in development projects are subject to numerous permitting and approval requirements under local, state, and federal regulatory programs. For example, development projects in Pennsylvania involving earthmoving of more than one acre (i.e. most projects) must obtain a National Pollutant Discharge Elimination System (“NPDES”) permit for construction-related stormwater discharges, also known as PAG-02. The current PAG-02 expires on December 7, 2019. Recently, the Pennsylvania Department of Environmental…

McNees Auto Dealer Law Blog

Changes to Pennsylvania’s Storage Tank Program Raise Questions for Auto Dealerships and Service Centers

By Steve Matzura, Errin McCaulley & Scott Gould on April 24, 2019

Auto dealerships and service centers often utilize storage tanks for fuel, waste oil, and wastewater oil-water separators. They should closely review and understand Pennsylvania’s regulation of aboveground and underground storage tanks, especially important changes issued in late December 2018. Many new requirements became effective at that time, yet the Pennsylvania Department of Environmental Protection (“PADEP”) and the regulated community are still grappling with the practical application of some provisions. Owners and operators of regulated storage…

McNees Land Use Blog

Alert!! EPA Announces “WOTUS” Replacement Rule that Will Affect Development and Narrow Jurisdictional Wetlands and Waters

By Scott Gould, Steve Matzura & Errin McCaulley on December 13, 2018

Our Energy and Environmental Practice Group issued a client alert today related to a rule released by the EPA and USACE that deals with “waters of the United States.” The rule will impact land development and permitting. The first two paragraphs of the article are reproduced below and additional details and the full text of the alert are available here. On December 11, 2018, the Environmental Protection Agency (“EPA”) and the Army Corps of…

Pennsylvania Labor & Employment Blog

OSHA Changes Position on Safety Incentive Programs and Post-Accident Drug Testing

By Erica Townes & Steve Matzura on October 17, 2018

The Occupational Safety and Health Administration (OSHA) has rolled back Obama-era guidance on safety incentive programs and post-accident drug testing. OSHA has a rule prohibiting employer retaliation against employees for reporting work-related injuries or illness. In its latest guidance (a memorandum published October 11, 2018), OSHA clarified that workplace safety incentive programs and post-accident drug testing do not violate that anti-retaliation rule. This differs from OSHA’s approach in previous guidance, where OSHA…

Pennsylvania Labor & Employment Blog

Enforcement of OSHA’s Silica Standards in Full Swing

By Steve Matzura on October 4, 2018

In March 2016, OSHA published its standards for respirable crystalline silica in general industry/maritime (29 C.F.R. § 1910.1053) and in construction (§ 1926.1153), both of which have been phased in. OSHA has been enforcing the construction standard for about a year (since September 23, 2017), and this summer the standard for general industry/maritime became enforceable (as of June 23, 2018). Employees in general industry can be exposed to small silica particles during…

Stormwater Regulation and Fees Will Impact Businesses and Development

By Ade Bakare, Scott Gould & Steve Matzura on December 22, 2017

Municipalities throughout Pennsylvania are in the process of implementing local stormwater ordinances and fees that will likely impact land development. Recent changes to federal and state laws have forced municipalities to seek new funding sources, regulate businesses that have large areas of solid pavement and roofing (“impervious” areas), and limit stormwater impacts that occur from land development. Businesses and developers should remain on the lookout for changes to local laws that will regulate stormwater,…

McNees Public Sector

Public Water Suppliers Face Proposed Fee Increase and More-Stringent Standards

By Steve Matzura on May 23, 2017

On May 17, 2017, the Pennsylvania Environmental Quality Board (“EQB”) greenlighted a proposal that would substantially increase fees for public water suppliers regulated by the Department of Environmental Protection (“PADEP”). In addition to seeking the fee hike, the proposal would amend other regulations under the Pennsylvania Safe Drinking Water Act (“SDWA”), with some changes being even more stringent than federal standards. The proposal now will be published in the Pennsylvania Bulletin followed by a public…

Pennsylvania Labor & Employment Blog

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

By Steve Matzura on November 30, 2016

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based employer safety incentive programs. As McNees previously reported, OSHA delayed enforcement of these parts of its final rule, aimed to “Improve Tracking of Workplace Injuries and Illnesses” (the “Rule”), until December 1, 2016. Absent any further developments, the Rule is set to…

Steve Matzura

Attention Developers! Construction Stormwater Permitting Changes Imminent

Changes to Pennsylvania’s Storage Tank Program Raise Questions for Auto Dealerships and Service Centers

Alert!! EPA Announces “WOTUS” Replacement Rule that Will Affect Development and Narrow Jurisdictional Wetlands and Waters

OSHA Changes Position on Safety Incentive Programs and Post-Accident Drug Testing

Enforcement of OSHA’s Silica Standards in Full Swing

Stormwater Regulation and Fees Will Impact Businesses and Development

Public Water Suppliers Face Proposed Fee Increase and More-Stringent Standards

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

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