To supplement traditional Voluntary cleanup programs the use of environmental baselining adds tools to mitigate environmental risk and facilitate transactions and lending.

1. Grand Rapids, MI Cincinnati, OHDetroit, MI
Goldilocks & Environmental Barriers to Redevelopment
Ohio Brownfields Conference-2016
by Joseph Berlin, PE, CP

2. About BLDI, Inc.
BLDI was established in 1991 to focus on providing environmental services within the legal and
financial community. We believe that data should be collected with a pre-determined goal with
the pro’s and con’s of collecting identified prior to developing a work plan. That protocol has
been continually emphasized during over 20 years of environmental due diligence and forensic
work for cases, including work from Michigan to Ohio, Kentucky, New York, California, the
Dakota’s and Texas.
“Our work is only valuable to the extent our client can benefit.” Joe Berlin, PE, CP (Ohio) BLDI President
Our understanding of the principles of environmental risk management, investigation,
remediation and the necessary supporting data is often used in risk mitigation/transfer,
insurance underwriting, claims, quantification, source and origin and closure verification.
Mr. Berlin started his career in The Boeing Company Test Lab conducting various types of testing
on aerospace products under the tightest of testing protocols and security clearances. Mr. Berlin
was retained for a multi-year project to deconstruct multiple gas stations to document failure
mechanisms for a large court case. is a professional engineers in several states, Ohio VAP CP and
member of serval professional organizations, including National Academy of Forensic Engineers.
Mr. Berlin is supported by a team of environmental professionals, including professional
engineers, geologists and chemists.
2

3. 3
The Golden Rule: “He who has the gold sets the
rules.”
Buzzie Bavasi, Brooklyn Dodgers
“Few things get done without some type of
financial incentive and reliable endpoint,
including environmental.”
Joe Berlin, BLDI
“and the third bowl was just right.”
Goldilocks

4. Background - Terms
4
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs &
Cleanup
4. Middle
Ground
5. Cases
6. Closing
• Facility: contaminated property
• BEA: Baseline Environmental
Assessment (MI-only)
• Document to demonstrate
exemption to liability.
• Due Care Plan (DCP): Continuing
Obligations
• VAP: Voluntary Action Program
• CNS: Covenant Not to Sue

5. BEA
5
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs &
Cleanup
4. Middle
Ground
5. Cases
6. Closing
• The completion of “All Appropriate
Inquiry” (Phase I/II ESA)
• A written document demonstrating a
Property is a Facility
• Complete w/in 45 days
• Ownership
• Occupancy
• Foreclosure
• Agency Approval?
• Old/Classic: Yes
• New: No (only DCP)

6. Ohio VAP CNS Process
6
• Rigorous, expensive and time-consuming
• Time, cost and lack of clear outcome or
mitigant from outset of process limits
usage
• Common for multiple iterations of
investigation with associated work plans
& reports
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs &
Cleanup
4. Middle
Ground
5. Cases
6. Closing

7. Pain begets Change (MI-BEA)
1994 (Pre-BEA)
• Urban areas are struggling to keep Core alive
• Projects are failing simply due to the presence of
some type of “contamination”
• Final Straw: Spaghetti Factory
Process & Outcome
• Bi-partisan Urban Core Mayors team to find solution
• Use Military Base “Baseline Assessment”
• Mayors drive legislation
• BEA legislation passed 6/5/1995
• 1995: The B.O.B. (a magnet)
7
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs &
Cleanup
4. Middle
Ground
5. Cases
6. Closing

8. Let’s Do Some Numbers
8
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs &
Cleanup
4. Middle
Ground
5. Cases
6. Closing
• Michigan BEA:
• 1995-2015: 20,634
• Average: 1,032/yr
• Ohio VAP CNS
• 1995-2015: 527
• Average: 26/yr
XXXXXXX
BEAs

9. Protections/Exemptions-MI
• Old “Classic” BEA/DCP (1995-2010)
• Required differentiate old v. new
impact
• Categories (N, S, D)
• “New” BEA (post-2010)
• Only requires “facility” status
• “Skinny” BEA commonplace
• Continuum of Liability Protection
• Skinny to Full Monty
• BEA Full Monty, common for
Governmental Lending
9
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs &
Cleanup
4. Middle
Ground
5. Cases
6. Closing

10. For Full Presentation or Follow Up
24
Ohio Brownfields
Conference 2016
1. Background
2. Defenses/
Exemptions
3. BEAs & Cleanup
4. Middle Ground
5. Cases
6. Closing
If you would like a FULL copy of this presentation please
contact us at our main office (see below).
For any further questions please feel to contact:
Joseph (Joe) Berlin, PE, CP, EP or Marty Janowiak
Main Office: BLDI, Inc.
150 Fountain NE
Grand Rapids, MI 49503
Phone: 616-459-3737
email: bldi@bldi.com
Additional Resources:
www.michiganenvironmentalblog.com
www.ohioenvironmentalblog.com