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An introduction to Prestige Environmental, Inc.

An introduction to Prestige Environmental, Inc.

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  • Prestige Environmental, Inc. Notes section
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.
  • Prestige Environmental, Inc.

Transcript

  • 1. Environmental Due Diligence for Banks Lender Liability & Asset Protection Girish Mehta, P.E. LSRP & Anthony Galasso
  • 2. Prestige Environmental, Inc. - Profile
    • Established in 1993
    • Piscataway, New Jersey office
    • Staff of engineers, scientists and professionals
    • Licenses
      • New Jersey Department of Environmental Protection (NJDEP)
      • NJ-Board of Professional Engineers and Land Surveyors
    • Certificates:
    • U. S. Small Business Administration (SBA) - SDBE
    • NJ Commerce & Economic Growth Commission – MBE & SBE
    • New Jersey Department of Transportation (NJDOT) - DBE
    • New Jersey Transit (NJ Transit)-DBE
    • New Jersey Turnpike Authority-DBE
    • The Port Authority of NY & NJ-MBE, DBE
    • NJ Department of Labor – Division of Wage and Hour Compliance
    • Delaware River Port Authority-DBE
    • Southeastern Pennsylvania Transportation Authority (SEPTA)-DBE
  • 3. Services
    • Property Assessments (Phase I, II)
    • Site Investigation, Remediation
    • Petroleum Tanks
    • SRA, RCRA, CERCLA
    • Regulatory Compliance
    • Environmental Permits
    • Brownfield Redevelopment
    • Project Management
    • Expert Witness
    • Grants
  • 4. Clients
    • Federal, State, County, and local governments
    • New Jersey Department of Transportation (NJDOT)
    • New Jersey Transit
    • Financial institutions
    • Insurance companies
    • Real estate firms and developers
    • Industrial property owners
    • Auto repair shops and gasoline service stations
    • Shopping centers, office buildings and hotels
    • Utilities
    • Law Firms
  • 5. Federal Schedule Contract
    • CONTRACT NUMBER
    • GS-10F-0166T
    • CONTRACT PERIOD
    • Feb. 28, 2007- Feb 27, 2012
    • Environmental Services
    • Federal Supply Group: 89, Class: 899
    • NAICs:
    • 541620 ENVIRONMENTAL CONSULTING
    • 562910 ENVIRONMENTAL REMEDIATION
    • Services awarded:
    • 899-1: ENVIRONMENTAL PLANNING SERVICES & DOCUMENTATION
    • 899-2: ENVIRONMENTAL COMPLIANCE SERVICES
    • 899-4: WASTE MANAGEMENT SERVICES
    • 899-8: REMEDIATION SERVICES
    • SDBE/MBE/DBE
  • 6. Phase I ESA and Environmental Compliance Assessments The Woods at Blue Heron Pines Galloway Township, NJ Teachers Insurance & Annuity Association (TIAA) Research Office Center, Rockville, MD The Promenade, Edgewater, NJ Lockheed Martin, Annadale, MD Corporate Boulevard, Rockville, MD
  • 7. Phase I ESA and Environmental Compliance Assessments Volvo Drive, Rockleigh, NJ Ashford Meadows Apartments, Herndon, VA Bank of Baltimore Baltimore, MD Carnegie Center, Princeton, NJ Teachers Insurance & Annuity Association (TIAA)
  • 8. Phase I ESA and Environmental Compliance Assessments FedEx Distribution Facility, Crafton, MD Grand Union Distribution Facility Montgomery, NY Konica Photo Imaging Facility, Mahwah, NJ Office Building New York City, NY Teachers Insurance & Annuity Association (TIAA)
  • 9. Phase I ESA and Environmental Compliance Assessments Meadow Lodge Retirement Residence Chelmsford, MA Muddy Branch Shopping Center Gaithersburg, MD Oakmont Apartments, Webster, NY One Flint hill Office Building Oakton, VA The Belmont Apartment Building New York City, NY Teachers Insurance & Annuity Association (TIAA)
  • 10. Phase I ESA and Environmental Compliance Assessments Office Building, Pine Brook, NJ Raritan Center, Edison, NJ Shops at Northern Boulevard, Queens, NY Somerset Corporate Center Bridgewater, NJ Twin Office Center, Rockville, MD Teachers Insurance & Annuity Association (TIAA)
  • 11.  
  • 12. Federal Projects Removal of petroleum storage tanks, installation of new fuel systems, waste characterization and disposal, site assessment, soil remediation and groundwater monitoring, regulatory compliance Multiple contracts (1998-2009) Gateway National Recreation Area National Park Service
  • 13. Gateway National – Sandy Hook, NJ Removal of petroleum storage tanks, installation of new fuel systems, waste characterization and disposal, site assessment, soil remediation and groundwater monitoring, report writing.
  • 14. NPS-Fire Island Removal of petroleum storage tanks, installation of new fuel tanks, site assessment and project completion report Contract Q1750070021
  • 15. NPS-Milford, PA Removal of petroleum storage tanks, installation of a new fuel tank, geophysical survey, site investigation and remediation Contract C4320080638
  • 16. NPS-Statue of Liberty Removal of petroleum storage tanks, installation of new fuel tanks and replacement of fuel distribution system Contract 1443CX-1940-99-003
  • 17. Federal Projects Removal of twelve (12) jet fuel underground tanks of 5,000 to 25,000-gallon capacity including piping and hydrant pits, soil sampling and analysis, demolition of a pump house and restoration of concrete apron, liaison with the base personnel and NJDEP, and report writing. Contract F28609-98-C0008 McGuire Air Force Base, New Jersey
  • 18. Federal Projects
    • Supply and installation of Veeder-Root systems for petroleum tanks Contract # VA-243-07-RQ-0016 $152,792.00
    • Supply and installation of day tanks for emergency generators Contract # GS-10F-0166T $96,475.00
    • Precision tests, cathodic protection survey and repairs of petroleum tanks Various contracts $46,745.00
    • Grease trap treatment and cleaning
    • Contract # VA10N3P-2306 $44,000.00
    • Sludge removal and disposal from sewage treatment plant
    • Contract # VA10N3P-2453 $153,000.00
    Department of Veterans Affairs (VA) Lyons, NJ Facility
  • 19. VA Lyons, NJ – Day Tanks for Emergency Generators
  • 20. VA Lyons, NJ – Compliance Monitoring, Underground Tanks
  • 21. VA Lyons, NJ – Tanks Compliance monitoring and repairs
  • 22. Major Government Projects
    • Hazardous Waste Screening, evaluations and investigations for prime consultants:
    • Atlantic City Expressway Widening (P/B)
    • Campus Drive extension and Route 130 intersection improvements (P/B)
    • Replacement of Newburg Road Bridge over Musconetcong River (Amy Greene)
    • Route I-80 at Route 20 Improvements (Vollmer/Stantec)
    • Route 22 Crab Brook Drainage Improvements (Arora)
    • Route 70 Over Bispham’s Mill Creek Bridge Replacement (Vollmer/Stantec)
    • Sanatorium Road Over Spruce Run Bridge Replacement (Vollmer/Stantec)
    • Route 18 County Routes 516/ 527 Intersection Improvements (Arora)
    • Route 82 Streetscape and Intersection Improvements (Vollmer/Stantec)
    • Route 29 Streetscape and Drainage Improvements (P/B)
    • Route 1 Widening Project, Mobil Gasoline Service Station (P/B)
    • Roosevelt Avenue and Wedgewood Drive Intersection (P/B)
    • Route 27 at Green Street Intersection Improvements (Amy Greene)
    • Amwell Road Bridge Improvements (Amy Greene)
    • Route 1 Pedestrian Bridge Improvements (Amy Greene)
    • Route 206/Old York Road/ Rising Sun Road Intersection (Dewberry)
  • 23. Major Government Projects
    • Hazardous Waste Screening, evaluations and investigations for:
    • Route I-78, I-287, 202/206 Interchange Improvements (P/B)
    • Route 35 Improvements (Amy Greene)
    • Bridge Scour Countermeasures South Region (P/B)
    • Bridge Scour Countermeasures North Region (Arora)
    • Route 46 at Little Ferry Circle (P/B)
    • William A. Stickel Bridge Rehabilitation (P/B)
    • Route 70 over Manasquan River Bridge Replacement (Arora)
    • Route 33 over Conrail Bridge Replacement (Vollmer/Stantec)
    • Ocean Drive Improvements, Cape May County (P/B)
    • Route 4 Widening (Arora)
    • Route 22 Drainage Improvements at Weequahic Park (P/B)
    • Route 27 Rennaissance Project (Arora)
    • Route 130 over Crafts Creek (Arora)
    • Route 71 at Wykoff Road Intersection Improvements (P/B)
    • Tuckahoe Road Improvements (P/B)
    • Route 18, CR-516/527 Interchange Improvements (Arora)
    • Morris Avenue Bridge Replacement (P/B)
    • Route 1 Improvements at Quaker Bridge Mall (P/B)
  • 24. NJDOT Projects Route I-80 at Route 20 Intersection Improvements Route 70 Over Bispham’s Mill Creek - Bridge Replacement Route 22 Crab Brook Drainage Improvements Sanatorium Road Over Spruce Run - Bridge Replacement Route 18 County Routes 516/527 Intersection Improvements Route 82 Streetscape and Intersection Improvements
  • 25. NJDOT Projects Route 29 Streetscape & Drainage Improvements Route 1 Widening Project Roosevelt Avenue and Wedgewood Drive Intersection Route 27 Improvements Amwell Road Bridge Improvements Newburgh Road Bridge Improvements
  • 26. NJDOT Projects Bridge Scour Countermeasures South region Route 46 at Little Ferry Circle Bridge Scour Countermeasures North region William A. Stickel Bridge Rehabilitation Route 33 Over Conrail Bridge Replacement Route 70 Over Manasquan Bridge Replacement
  • 27. Major Government Projects Environmental Impact Statement (EIS) – Portal Bridge Over Hackensack River (Team Member)
  • 28. Repair and Maintenance - Active Rail Yards - Port Morris, Kearny, Hoboken
  • 29. Paul’s Tank Farm – Hainesport, NJ
    • Hazardous Discharge Site Remediation Fund (HDSRF) Municipal Grant
    • Preparation of HDSRF Municipal Grant Application
    • Site assessment and source identification
    • Installation of monitoring wells and borings
    • Soil and groundwater investigation
    • Development of remedial options and estimates
    • Tanks and waste oil disposal
    • Health & Safety Plan, Remedial Investigation Report (RIR)
    • Preparation of Remedial Action Work Plan (RAWP)
    • Site remediation and contract management
    • Long-term monitoring
  • 30. Municipal Projects City of Plainfield
    • Removal and replacement of underground storage tanks
    • Installation of new fuelling systems
    • Waste characterization and disposal
    • Construction of concrete island, curbs and asphalt pavement
    • Prestige Environmental, Inc.
  • 31. Municipal Projects Passaic Valley Water Commission
    • Removal of underground storage tanks
    • Upgrade existing fueling systems
    • Installation of new drainage basin and fuelling facility
    • Demolition of chimney
    • Prestige Environmental, Inc.
    Demolition of Chimney near existing structure
  • 32. Municipal Projects County of Somerset
    • Removal of underground storage tanks
    • Installation of new fuelling facility
    • Waste characterization and disposal
    • Construction of canopy, concrete island, curbs and pavement
    • Prestige Environmental, Inc.
  • 33. Municipal Projects County of Burlington
    • Removal of underground storage tanks
    • Installation of new fuelling facility
    • Waste characterization and disposal
    • Construction of concrete island, curbs and pavement
    • Prestige Environmental, Inc.
  • 34. Municipal Projects City of Paterson
    • Removal and replacement of underground storage tanks
    • Installation of new fuelling systems
    • Waste characterization and disposal
    • Construction of concrete island, curbs and asphalt pavement
    • Prestige Environmental, Inc.
  • 35. Environmental due diligence
    • No standards before 1993, however, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA-1980) established liability for the cleanup of hazardous substances
    • Next slide will show an example of a CERCLIS site continuing to undergo environmental remediation.
  • 36. Westinghouse, Newark, NJ
  • 37.  
  • 38. Paul’s Tank Farm
  • 39. Key Regulations
    • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA-1980) commonly known as the Superfund law, established liability for the cleanup of hazardous substances
    • CERCLA was amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA)
    • ASTM standards established in 1993, revised in 2000
    • Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996 (the “Lender Liability Amendments”)
    • Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”)
    • ASTM standards revised in 2005 – focus on “all appropriate inquiry” and qualifications of environmental professional
  • 40. Key Regulations
    • Asset Conservation, Lender Liability and Deposit Insurance Protection Act-1996
    • …. a secured lender will not fall within the definition of “owner or operator” and be protected from CERCLA liability when acts to protect its security interest, e.g. foreclosure
  • 41. ASTM E1527-05 Standard Practice for En vironmental Site Assessments
    • Environmental assessment in commercial real estate transactions meets the “ all appropriate inquiry ” obligation under the Environmental Response, Compensation, and Liability Act ( CERCLA ), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996 (the “Lender Liability Amendments” ), and the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”).
  • 42. ASTM E1527-05 Standard Practice for En vironmental Site Assessments
    • define good commercial and customary practice for conducting environmental site assessment … within the scope of CERCLA and petroleum products
    • innocent purchaser defense
  • 43. Innocent Purchaser Defense
    • a person who “did not know and had no reason to know that contamination existed on the property at the time of acquisition”
    • …. such person must have made “all appropriate inquiry”
  • 44. ASTM E1527-05 Standard Practice for En vironmental Site Assessments
    • identify recognized environmental conditions - the presence or likely presence of any hazardous substances or petroleum products under conditions that indicate an existing release, a past release, or a material threat of a release
  • 45. Components of Phase I ESA
    • Records Review
    • Site Reconnaissance
    • Interviews
    • Report
    • Emphasis on qualifications of environmental professional
  • 46. Non-scope Considerations
    • Asbestos, Radon, Lead paint, Mold
    • Lead in drinking water
    • Wetlands, Regulatory compliance
    • Cultural and historic resources
    • Industrial hygiene, Health and safety
    • Ecological resources
    • Indoor air quality, Biological agents
  • 47. Proceed with caution
    • The property received “no further action letter” from New Jersey DEP
    • It’s a gas station with a convenience store - tanks are new and passed tests
    • The property is vacant/undeveloped
    • It’s a shopping center/office building
    • Dry cleaner with new equipment
    • “We are refinancing/this is a cash deal”
  • 48. Pitfalls of relying on NFA letters
  • 49. Cumberland Farms- Atlantic City “ No Further Action” letter dated March 2010 Tanks on 1940’s Sanborn Map missed in previous project. Location of subject property Markout of tanks as shown on the Sanborn Map above.
  • 50. Proceed with caution
    • Environmental Transaction Screen Practice (E-1528), although still a useful transactional environmental screening tool, no longer meets the “all appropriate inquiry” criteria, key to establishing CERCLA landowner liability protections
    • Federal, state, and local laws may impose higher obligations (e.g. NJ)
  • 51. NJDEP - NJAC 7:26E – Technical Requirements for Site Remediation
    • NJDEP does not accept Phase I ESA as a proof of proper due diligence
    • Preliminary Assessment Report (PAR)
    • Consider Industrial Site Recovery Act (ISRA) applicability as part of Phase I ESA
    • Site Remediation Reform ACT (SRRA) and Licensed Site Remediation Professional (LSRP) Program changes everything from Nov. 2009
  • 52. Site Remediation Reform ACT (SRRA) and Licensed Site Remediation Professional (LSRP) Program – Nov. 2009
    • LSRP must be engaged to oversee site remediation
    • Mandatory deadlines and penalties for non-compliance, establishment of a remediation trust fund, and a public participation plan
    • Emphasis on vapor survey and mitigation, redevelopment in the vicinity of schools, child care centers
    • Next slide shows an appellate court decision on what defines an innocent landowner. Case is currently in NJ Supreme Court.
  • 53. Innocent Purchaser Defense in NJ
  • 54. Innocent Purchaser Defense in NJ
  • 55. Professional Judgment is the key
    • Is the item a sewer clean out or a fill cap?
    • Does the building use gas heat or oil heat?
    • Is there asbestos, lead paint?
    • Are there de minimis concerns (not RECs)
    • Federal, state, and local laws may impose higher obligations (e.g. NJ)
    ASK: BE AWARE:
  • 56. Professional Judgment is the key
    • Example of a simple report
      • Executive Summary
      • Key documents
      • Aerial photos, Sanborn maps, photographs
      • Clear conclusions and recommendations
  • 57. Executive Summary – Shell Gas Station, Scranton, PA
    • 0.11-acre parcel with a gasoline filling station and convenience store constructed in 1981, new gasoline tanks installed in 1998
    • Gasoline filling station since 1949
    • Site previously utilized five (5) older tanks, installed in 1981, removed in 1998, no issues
    • Sanborn map (1949) shows unknown gasoline tanks
    • Conduct Ground Penetrating Radar (GPR) survey to locate tanks, evaluate soil and groundwater quality
  • 58. Shell North Main Avenue #5 1949 Sanborn Map Gasoline Tanks
  • 59. Shell Gas Station Aerial Photograph Approx. locations of former USTs.
  • 60. Exercising Professional Judgment
    • Oil Terminal located in Newark, NJ
    • Continual movement of petroleum products to and from tanks.
    • Spills and minor releases are part-in-parcel of the operations.
  • 61.  
  • 62. What is an REC at this site?
    • Consider the scope of onsite operations
    • Observe site safety protocols
    • Evaluate release response tactics
    • Observe general housekeeping.
  • 63.  
  • 64. Benefits of Professional Judgment
    • Compliance with regulatory requirements
    • Innocent purchaser defense
    • Asset protection
    • Ability to negotiate
    • Never have to deal with issues
    • Easy to refinance, sell, lease
    • Grants
  • 65. Former R&D Facility Jersey City, New Jersey
    • Former research and manufacturing facility dating back to 1960’s
    • Conrail assumed responsibility for contamination due to operations.
    • Exercised professional judgment based on known historical contamination of soil in Jersey City from historical operations that predate development of the site.
  • 66.  
  • 67.  
  • 68.  
  • 69. Results of Professional Judgment
    • Prestige pleaded the Client’s case to the NJDEP
    • Stated that Jersey City soils are already contaminated; deed restriction would be a safe and effective way to close the case.
    • NJDEP agreed; case was closed with a deed restriction as an institutional control.
    • Result: high-end condominiums (picture follows)
  • 70.  
  • 71. Recent Grants obtained by Prestige
    • Developer, Edison, NJ $1,000,000 (100%)
    • Research & Manufacturing, Jersey City, NJ $325,000
    • Midway Ink, Hoboken, NJ $250,000
    • Fama Partnership, Bayonne, NJ $70,000 (100%)
    • Diocese of Paterson, NJ $29,000 (100%)
  • 72. Recent Grants
  • 73.
    • Go hug a Tree!