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Join us for the EBA Online Seminar Series on Thursday, September 5, 2019 as we present a webinar:
The De Minimis Paradox
The oft maligned and misinterpreted concept of the “de minimis condition” is a critical finding in a Phase I environmental site assessment, one that can have far reaching consequences for banks and property owners. As a corollary to the definition of a recognized environmental condition, it demands a professional opinion, yet is ultimately inconsequential to the bottom line of a report. The All Appropriate Inquiry rule, crucial to protection from Superfund liability, considers de minimis as “extremely small quantities” that need not be addressed. However, the ASTM Standard Practice requires the Environmental Professional to discuss de minimis conditions as a finding, even though E1527 is the referenced means of satisfying all appropriate inquiries. How should an Environmental Professional apply these paradoxical concepts to releases to the environment and provide written conclusions that may have serious financial and liability ramifications for buyers and lenders? Should a User accept a de minimis condition determination that eliminates a recognized environmental condition, but challenges their confidence in understanding environmental conditions on a property?
Sean Leary and Dave Vieau will present arguments for and against the application of “de minimis conditions.”
About the presenters:
David Vieau, PG, CHMM, is President of Vieau Associates Inc., a Minneapolis-based environmental services firm specializing in commercial real estate due diligence and Brownfields remediation. Mr. Vieau is a licensed professional Geologist and Certified Hazardous Materials Manager with expertise in regulatory and industry protocol for environmental site assessments and risk-based voluntary investigation and cleanup. He was a co-founder of two prior successful consulting firms, has authored numerous technical papers and articles for conference proceedings and industry publications, and is a frequent invited speaker for a wide range of audiences. He serves as an instructor of the ASTM environmental site assessment standards, having trained thousands of professionals nationally and internationally since 1994. He has assisted in the enactment of legislation, provided expert testimony, and remains active on local and national professional and industry association initiatives.
Sean Leary is Executive Vice President and Due Diligence Group Manager of Vieau Associates Inc., a Twin Cities-based environmental consulting firm. He is an Environmental Professional with 13 years of environmental due diligence and remediation consulting experience. His educational background includes degrees in both environmental science and biology. Mr. Leary also serves as an instructor for ASTM International, where he conducts training courses on Phase I and Phase II Standards to a diverse profile of industry professionals. Mr. Leary’s environmental due diligence experience is extensive, including completion, management, and review of thousands of environmental site assessments and hundreds of Phase II investigations spanning over 35 states. He is proficient in risk-based site evaluation and has a demonstrated track record of securing liability assurances and regulatory approvals through State Voluntary Investigation and Cleanup and Brownfields Redevelopment programs. Mr. Leary has also managed complex site investigations and remedial projects, including installation of vapor mitigation systems, underground storage tank removals, petroleum release investigation and cleanup, brownfield site investigation, cleanup, and redevelopment.
The call will be hosted by the EBA.
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