In our current Brownfield Braintrust Podcast, Matt Winefield of Winefield & Associates, Inc. sheds light on Vapor Intrusion Mitigation Systems (VIMS) with the help of Justin Conaway, Vice President and General Manager of Terra-Petra Environmental Engineering. Given evolving soil vapor mitigation standards, VIMS are currently much more prevalent than just three years ago. It is unlikely one can acquire, for example, a former dry cleaner site (with PCE releases), run a vapor extraction system, and then pour your foundation. The lead agency will likely specify a VIMS that operates for the life of the new building. Justin explains the three most common VIMS technologies now utilized.

Visit Terra-Petra at: https://terra-petra.com/
Find Justin Conaway on LinkedIn at: https://www.linkedin.com/in/justinconaway/

Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/
Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

To listen to an audio-only version of this podcast episode, click here.

In this episode of the Brownfield Braintrust Podcast, Matt Winefield switched roles. He was a guest on “Straight Talk Schools,” a commercial real estate YouTube broadcast sponsored by Dusty Bates, broker extraordinaire of EXP Commercial. Dusty interviewed Matt in a discussion that could be entitled either “The Basics of Brownfields Investments” or “How to Save a Commercial Transaction When You Have a Bad Phase I.” For all of those new to sites with contaminated soils and groundwater, here are some guidelines on assessing environmental risks/costs as well as strategies to close your property sale or purchase.

Winefield & Associates was delighted to interview Clark Henry, one of the organizers of the EPA ICMA National Brownfields Training Conference, August 8-11, 2023, Detroit, MI. The Brownfields Conference brings together stakeholders from government, industry, and the community to share knowledge and best practices on the remediation and redevelopment of contaminated properties, known as brownfields. The conference features a range of sessions, workshops, and networking events that cover topics such as financing, liability, and community engagement, with the goal of promoting the cleanup and revitalization of contaminated sites across the United States.

Register for the National Brownfields Training Conference at: https://brownfields2023.org/

Visit International City/County Management Association at: https://icma.org/
Find Clark Henry on LinkedIn at: ​​​https://www.linkedin.com/in/clark-henry-11950630/

Here were some of the highlights: 

• 2:00 min – Agenda
• 2:45 min – What is an LSRP?
• 6:45 min – California Site Closure (NFA) Statistics
• 9:50 min – New Jersey Site Closure Statistics
• 11:30 min – Roadblocks to Develop a CA LSRP Program
• 22:10 – The Necessary LSRP Legislation Process
• 25:00 – A Developer’s Perspective
• 27:40 – Concluding Remarks and Call to Action

Find Sue Boyle on LinkedIn at: https://www.linkedin.com/in/sue-boyle-86a255a/​

And now for a brownfields topic that, at first, seems esoteric but will actually impact just about every facet of site cleanups in California. We get into the weeds about proposed changes to Water Code Resolution 92-49. This resolution conveys policies and procedures to the State Water Board and Regional Board officials relating to the investigation and cleanup of discharges into groundwater, surface water and even soil. The topic was much too detailed and cerebral for Matt to tackle alone, so he invited two special guests: Environmental attorney Jay Tufano, Partner at Ring, Bender, LLP and environmental engineer Jeremy Squire, Vice President at Murex Environmental, Inc.

Ring Bender LLP can be found at: https://ringbenderlaw.com/
Jay Tufano is on LinkedIn at: https://www.linkedin.com/in/jaytufano/

Murex Environmental is at: https://murexenv.com/
Jeremy Squire is on LinkedIn at: https://www.linkedin.com/in/jeremy-squire-pe-5659001/

So, you’ve decided to sell your contaminated property. Our tenth Brownfield Braintrust Podcast discusses a three-leg support system to ensure you’re protected from future environmental liability after the deal closes. You’ll want to consider (1) an environmental indemnification, (2) how to manage your selling entity (LLC, trust, etc.), and (3) the brownfield expertise of the buyer. What could be more riveting than a 15-minute indemnification discussion?!

In this episode of the Brownfield Braintrust Podcast, our host, Matt Winefield of Winefield & Associates, Inc., talks with esteemed environmental attorney John Van Vlear of Newmeyer Dillion about California AB 304, which impacts how contaminated site regulatory management has changed dramatically. As of January 1, 2022, DTSC and the Regional Boards have enhanced control over local agencies, including requirements for a “right of first refusal” to manage projects as well as enhancing clean up certifications. During our discussion, John walks us through these important changes that effect all contaminated sites.

See John's Bio at: https://www.newmeyerdillion.com/john-van-vlear
Find John on LinkedIn at: https://www.linkedin.com/in/john-van-vlear-a7871681/

​Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/
Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

It’s Time to Sue California EPA About the Draft Vapor Intrusion Guidance Document:

Here is a brief (10-minute) Brownfield Braintrust Podcast giving property owners and lawyers ammunition to sue CalEPA. CalEPA’s overreach pertaining to soil gas cleanup standards is egregious. This agency has issued guidance in direct conflict with our state’s greenhouse gas reduction and housing goals. A claim is long overdue, and CalEPA will lose. You’re welcome.

Many real estate investors shy away from acquiring sites with environmental challenges, because they are (justifiably) concerned about liabilities. Environmental insurance can hedge many of those risks. Winefield & Associates had the pleasure of interviewing an industry leader in environmental insurance, Bill Havard of USI Insurance Services. In this podcast Bill and Matt discuss the basics of environmental pollution legal liability (PLL) insurance, including forms of environmental protections, costs, and case studies.

​If you’d like to reach out to Bill for more details, please email bill.havard@usi.com.

This will be the first of several Brownfield Braintrust Podcasts addressing dry cleaners, the leading source of environmental liabilities at commercial retail properties. We provide some background on the impact of dry cleaner contamination on their surrounding environments, including statistics on contaminant migration and remediation costs. Additionally, this episode discusses how Winefield & Associates conducts due diligence when buying facilities with dry cleaners. We conclude by introducing how the California Department of Toxic Substances Control (DTSC) will be spearheading dry cleaner assessments statewide with support from a $500 million grant. Information about this critical DTSC program is provided here: https://dtsc.ca.gov/cleanup-in-vulnerable-communities-initiative-cvci/