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ExperienceRichard Marx is a senior environmental engineer, certified professional environmental, health and safety auditor (CPEA) and certified hazardous materials manager (CHMM) with the firm’s Environmental practice group. Mr. Marx has more than 20 years of experience managing various environmental projects. He has completed the ISO 14000 Lead Auditor Training (ANSI‑RAB). He is responsible for providing technical assistance to attorneys and firm clients.Mr. Marx has extensive working knowledge in a broad range of federal, state, and local environmental, health, and safety regulations. On behalf of industrial clients, he has developed and implemented strategies for compliance with regulations applicable to site investigation and remediation, waste management (RCRA), waste minimization, SARA Title III, hazard communication/employee right-to-know, wastewater discharges, and air emissions. Mr. Marx was recognized by the Center for Environmental Information as a recipient of the 2007 Cummings Award. This prestigious annual award is given to a person in the Rochester area who exemplifies the values of environmental conservation and whose actions have had a substantial impact benefiting the environment. Mr. Marx has given generously of his time and expertise to a number of projects of benefit to the community, including the NY River Otter Project, the Peregrine Falcon Project, Braddock Bay Bird Observatory, the Genesee Land Trust and much more.
Prior to joining Nixon Peabody LLP, he worked for a leading executive wood office furniture manufacturer as the manager of environmental and safety affairs. He was responsible for developing and overseeing the company’s environmental, health, and safety management program, which included all hazardous materials and waste management; and designing and implementing both hazardous and nonhazardous waste reduction and recycling programs.
ExperienceEnvironmental, Health, and Safety/Compliance Audits/Property TransfersMr. Marx has conducted, as lead auditor, an array of various types of audits (i.e., environmental, health and safety; multimedia; media/topic specific, etc.) in more than 30 states, as well as locations in the Caribbean, Mexico, Canada, and South America. He has conducted numerous environmental audit activities for compliance determinations, property transfers, and acquisitions, including active and closed industrial/manufacturing facilities to determine: potential liability due to the presence of hazardous materials; compliance with applicable environmental and health and safety regulations; and characterization of identified sources of environmental and health and safety liability. He has also conducted property transaction investigations involving site visits to determine the presence of hazardous material risk, coordination of on‑site sampling and analysis, records review, and aerial photograph review. He also has experience with the State Environmental Quality Review Act (SEQR) and National Environmental Policy Act (NEPA). Mr. Marx has conducted Environmental Management Systems (EMS) audits for major utilities, and reviewed EMS audit reports for clients, utilizing the ISO 14001 Standard, British Standard 7750, and the European Union’s Eco-Management and Audit Scheme as models. He has served as the lead technical consultant in developing a corporate-wide environmental, health and safety auditing, and compliance program for an industrial/manufacturing client with facilities located worldwide. Mr. Marx has completed the ISO 14000 Lead Auditor training (ANSI‑RAB). Mr. Marx has lectured on EMS. Mr. Marx has developed and conducted comprehensive environmental, health, and safety auditor training for several major utilities and various industrial/manufacturing clients, which has included both classroom and hands‑on (field) instruction. RCRA Regulatory ComplianceMr. Marx is responsible for developing RCRA management compliance programs and policies that include writing contingency plans and training manuals, conducting training, and dealing with daily hazardous waste and hazardous material management issues, as well as appropriate treatment, storage, and disposal issues. He currently serves on a committee for land use, and has served on committees for site cleanups, including chairing the Technical Committee for a multi-PRP Superfund site. He has conducted numerous inspections of RCRA treatment, storage, and disposal facilities (TSDFs) for clients pursuing appropriate treatment, storage, or disposal options. Mr. Marx has lectured on brownfields and facility closure. SARA Title III/Community Right-to-KnowMr. Marx has experience in preparing notifications and reports associated with SARA Title III and Community Right-to-Know (Tier I and Tier II reports, Form “R” report, etc.). While he worked in private industry, he served on a local emergency planning committee (LEPC) and worked with the local fire/emergency response/ambulatory departments in developing and staging a mock emergency to evaluate and critique the facilities and the local emergency response personnel preparedness. Mr. Marx has given a comprehensive presentation on SARA Title III/Community Right-to-Know at an environmental educational conference. He has developed and conducted SARA Title III/Community Right-to-Know training for both large and small businesses. OSHA Regulatory ComplianceMr. Marx has provided technical support for numerous industrial/manufacturing clients on a wide array of occupational safety and health topics, including: hazard communication/employee right‑to‑know; confined space; lockout/tagout; respiratory protection; hearing conservation; machine guarding; blood-borne pathogens; fire safety, and general personnel protective equipment. He has developed written programs and conducted training on many of the above noted programs and has conducted audits that include all of the above program areas. Key Project-Related ExpertiseMr. Marx has more than 20 years of experience in environmental, health, and safety issues, particularly within an industrial context. He has extensive experience in industrial EH&S auditing with particular emphasis on plating shops, capacitor/resistor (“chip”) manufacturers, paper mills, food packaging, a battery manufacturer, electric utilities, and electronic component manufacturers. He has worked with clients to establish environmental, health, and safety programs. Because of his industrial, corporate and plant-level background, Mr. Marx is able to communicate with and gather information from, all levels of plant and management personnel. He has conducted audits in over 30 states, as well as locations in the Caribbean, Mexico and South America.
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