Hi! My name is Cassie Anderson and I am a Business Development Representative in the Indianapolis, Indiana office of August Mack Environmental, Inc. Prior to transitioning to a business development position, I spent the last three years at August Mack specializing in Phase One Environmental Site Assessments, All Appropriate Inquiry Assessments, Transaction Screen Assessments, asbestos and mold surveys as well as indoor air quality sampling. I plan to spend my time on this blog focusing on topics related to environmental due diligence and risk management. I hope you enjoy what you read and feel free to give me a call at 317.916.3151 or send me an e-mail at canderson@augustmack.com to further discuss any of these posts.
The Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) provides a secured creditor exemption from
liability for banks and other lenders that do not participate in
the management of the property. The United States Environmental
Protection Agency has issued a rule interpreting the secured
creditor exemption under CERCLA, 57 Fed. Reg. 18344 (April 29,
1992). In addition to the federal Superfund law, most states have
enacted legislation that establishes similar liability...Read More »
The voltility in current
commercial real estate lending has led us to see an increase the in
the requests for "reliance letters" on Phase 1 Environmental Site
Assessments (ESA). So what is a reliance letter?
Although whomever commissions the
Phase 1 Site Assessment should also carefully consider
any limitations a consultant may impose on who may use or rely
on the report and explicitly provide for reliance by
investors, lenders or others, this doesn't always happen. This is
usually discussed...
Read More »
I
ran across this the other day and thought it was too great of a
concept not to share while all of us are planning our New Years'
resolutions. The link below provides some great ideas on how
to reduce water usage, alter your carbon emissions, use pesticides
correctly, reduce waste, etc. So check it out, pick 5, sign up and
then share it with a friend.
Repost from the United States Environmental Protection Agency.
Pick 5 for YOUR environment!
Environmental action can mean doing different things...
Read More »Repost from the United States Environmental Protection Agency.
Pick 5 for YOUR environment!
Environmental action can mean doing different things...
I am really excited to be a part
of the planning process for the 2012 Indiana Commercial Real Estate
Conference! This year's conference (for Professional
Development and Continuing Education) will be held on June 13th.
The theme of the conference this year is "Energizing the
Profession. Sustaining the Environment." For more
information, registration and sponsorship opportunities
visit www.indianarealestateconference.com/sections/schedule.php.
If you plan on attending, make sure to find me...
Read More »Wishing everyone a Happy and safe New Year
and a prosperous 2012!!!!
US EPA recently announced rulemaking to revise the 1988 underground
storage tank (UST) regulations at 40 CFR part 280, which include:
adding secondary containment requirements for new and replaced
tanks, piping, and dispensers; adding operator training
requirements; adding periodic operation and maintenance
requirements for UST systems, including monthly walkthroughs;
removing certain deferrals, including those at airports; adding new
release prevention and detection technologies; updating codes...Read More »
Wishing you and your family the coziest and happiest of
holidays!!!
From time to time, I have a client call regarding methamphetamine
laboratory cleanup or testing. Unfortunately, we do not do
this type of work but the EPA was kind enough to put together
Voluntary Guidelines for Methamphetamine Laboratory Cleanup
(www.epa.gov/osweroe1/meth_lab_guidelines.pdf) for
state and local personal responsible for this kind of activity.
Most states require special licensure to become a Qualified Inspector for clandestine drug labs. So make sure you get with your state...Read More »
Most states require special licensure to become a Qualified Inspector for clandestine drug labs. So make sure you get with your state...Read More »
Did
you know?
Due Diligence is a term used for a number of concepts involving either an investigation prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term is more commonly applied to voluntary investigations. In the environmental world, an example of due diligence is the process through which a potential purchaser evaluates a property for acquistion by means of a Phase I Environmental Site Assessment.
Due Diligence is a term used for a number of concepts involving either an investigation prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term is more commonly applied to voluntary investigations. In the environmental world, an example of due diligence is the process through which a potential purchaser evaluates a property for acquistion by means of a Phase I Environmental Site Assessment.
So I started to write more about
the new Continiuing Obligations Standard and how it pertains to new
transactions, Phase 1 Environmental Site Assessments and liability
protections and then I realized that one of my stellar Senior
Project Managers here at August Mack had already done so! I
figured, why write about it again when he already did an amazing
job of it in our September (monthly) Newsletter.
Check it out at www.augustmack.com/Newsletter/2011/September/Article0321.html
Check it out at www.augustmack.com/Newsletter/2011/September/Article0321.html
As provided by ASTM.
ASTM International’s recently
published E2790-11: Standard
Guide for Identifying and Complying With Continuing
Obligations provides guidance for owners or potential
purchasers of property impacted by contamination.
Like with many new environmental standards that are published, I started digging for more information on this subject.
So, first things first! A definition of Continuing Obligations is in order: (as defined by ASTM):
Subsequent to property acquisition, the Small Business Liability... Read More »
Like with many new environmental standards that are published, I started digging for more information on this subject.
So, first things first! A definition of Continuing Obligations is in order: (as defined by ASTM):
Subsequent to property acquisition, the Small Business Liability... Read More »
So I realize that a lot of my blog posts lately have been swirling
around the Small Business Administration (SBA), but it was a hot
topic in October due the updated Standard Operatin Procedure (SOP)
50 10 5, Lender Development Company Loan Programs that went into
effect on October 1, 2011.
Confused myself (and I do this for a living), I ran across a great flow chart from Environmental Data Resources (EDR) that helps us all break down the minimum steps for environmental investigations of...Read More »
Confused myself (and I do this for a living), I ran across a great flow chart from Environmental Data Resources (EDR) that helps us all break down the minimum steps for environmental investigations of...Read More »
Check out my past blogs for information on lead based paint
(blog.augustmack.com/blog/environmental-due-diligence-and-risk-management/lead-based-paint)
and lead in drinking water (blog.augustmack.com/blog/environmental-due-diligence-and-risk-mangement/lead-in-drinking-water).
EPA Works to Prevent Lead Poisoning in Children / National Lead Poisoning Prevention Week is October 23-29
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is recognizing National Lead Poisoning Prevention Week...
Read More » Federal Court of Appeals Rules Landowner Not Entitled to
Common Law Indemnification
-by Bill Wagner
Great article on why a Phase 1 Environmental Site Assessment is so important!!!
by Bill Wagner of Taft Law on the EDR Commonground Blog
"A federal Court of Appeals recently held that a landowner who expressly warranted in his sales contract that his property was not contaminated and breached the warranty through no fault of his own, was not entitled under Illinois law to common law... Read More »
-by Bill Wagner
Great article on why a Phase 1 Environmental Site Assessment is so important!!!
by Bill Wagner of Taft Law on the EDR Commonground Blog
"A federal Court of Appeals recently held that a landowner who expressly warranted in his sales contract that his property was not contaminated and breached the warranty through no fault of his own, was not entitled under Illinois law to common law... Read More »
A co-worker recently handed me an article about quality, timing,
and price as it applies to projects and proposals. Apparently
there is an old saying (I say 'apparently' because this is the
first I am hearing of it) that goes "You want quality, you want it
cheap and you want it fast. Well, in the real world you can
only pick two." So I figure this applies to most involved in
the bidding process, but in my world it's about bidding Phase 1
Environmental Assessments, Phase II subsurface...Read More »
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New SBA Environmental Policy in Effect Today, Banks Vow to Increase Small Business Lending Author: Dianne P. Crocker (dcrocker@edrnet.com) |
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So every Sunday afternoon, I receive an email from the
Environmental Protection Agency (Region 5) that provides
up-to-date news and goings-on for my region.
Sharing stories like the one below (partial article only. Follow the link below for the complete story):
EPA provides nearly $2.4 million for Ohio projects
(Chicago - October 3, 2011) The U.S. Environmental Protection Agency today announced funding for three Toledo-area Great Lakes Restoration Initiative projects totaling nearly $2.4 million.... Read More »
Sharing stories like the one below (partial article only. Follow the link below for the complete story):
EPA provides nearly $2.4 million for Ohio projects
(Chicago - October 3, 2011) The U.S. Environmental Protection Agency today announced funding for three Toledo-area Great Lakes Restoration Initiative projects totaling nearly $2.4 million.... Read More »
To all my lender clients out there, here is a great article on some
prime examples of how property contamination impacts lenders
from unexpected costs, liability and foreclosures.
www.edrnet.com/images/edr_contamination_impacting_lenders_071411.pdf
www.edrnet.com/images/edr_contamination_impacting_lenders_071411.pdf
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