This session will cover procedures and considerations for monitoring and evaluating ICs, once implemented, for the purpose of IC compliance assurance. Procedures for monitoring IC effectiveness range from IC reviews during the Five Year Review process to ongoing, sometimes even daily, efforts to monitor land activities (e.g., where local government permits or one-call monitoring addresses IC areas on an ongoing basis). IC monitoring approaches continue to evolve and recent advances at the state level exist, where some states employ rigorous approaches that combine ongoing monitoring and periodic on-site inspections. Other techniques may include GIS mapping or having proprietary controls include annual reporting requirements. And, at some CERCLA sites, EPA coordinated approaches with local governments have already, or are currently establishing, local government-aided procedures to continually monitor IC areas for potential conflicts. This session, aided by case examples, will review the best practices and pros/cons of evolving IC monitoring and effectiveness evaluation procedures.

Presenter:

J. Michael Sowinski, Jr., Terradex, Inc. (mike@terradex.com or 760-798-6120)
Mr. Sowinski is the Vice President of Terradex, a California company focusing on technology services for land activity monitoring of environmentally sensitive sites. Mr. Sowinski brings over 20 years of engineering and legal experience on environmental cleanup, environmental compliance, property redevelopment, and pollution control (i.e., CWA, RCRA) and is an expert in the niche area of "institutional controls" and long term stewardship. Prior to joining Terradex, Mr. Sowinski practiced environmental law where he advised and litigated on behalf of local governments and private clients on cleanup, institutional controls, brownfield, water pollution, land use, and other environmental matters. Mr. Sowinski's experience also includes a career in environmental consulting where he consulted to federal and state environmental agencies, as well as private clients, on environmental cleanup and compliance matters, ranging from broad-scale program advising on cleanup program and long term stewardship issues, to site-specific brownfield redevelopment, cleanup, water pollution, and environmental compliance matters. Finally, Mr. Sowinski has been an expert witness on institutional control issues in a federal court matter. Mr. Sowinski received a BS and MS in Engineering from the University of Maryland, and a Juris Doctorate from Vermont Law School. Mr. Sowinski speaks and writes regularly on environmental cleanup, brownfield, and stewardship matters and, among other things, he recently co-authored a law review article on CERCLA liability defenses titled "REVITALIZING THE BROWNFIELDS REVITALIZATION AND ENVIRONMENTAL RESTORATION ACT: HARMONIZING THE LIABILITY DEFENSE LANGUAGE TO ACHIEVE BROWNFIELD RESTORATION" published in the Virginia Environmental Law Journal. Mr. Sowinski led the Task Group, within the ASTM E50.02 Subcommittee, who drafted the the ASTM "Continuing Obligation" Standard Guide, and he currently leads a Task Group to update the Standard Guide. Additionally, Mr. Sowinski is a member at large on the ASTM E50 Executive Committee.

Moderators:

Anthony Austin, Office of Site Remediation Enforcement (OECA) (austin.anthony@epa.gov or 202-564-6943)
Anthony Austin is an attorney-advisor in EPA's Office of Site Remediation Enforcement, within the Office of Enforcement and Compliance Assurance. Anthony joined OSRE after serving as a Superfund enforcement attorney in EPA's Region 8. His work at OSRE includes resolving cleanup enforcement issues relating to institutional controls and long-term stewardship, tribes, and states at Superfund sites and RCRA facilities. He co-chairs a national EPA workgroup on institutional controls and also serves on EPA's Burlington Northern Response Team. Prior to joining EPA, Anthony defended various health care providers in negligence actions throughout Colorado and was a law clerk for the Honorable Diana Terry on the Colorado Court of Appeals. He earned his B.A. from the University of California, San Diego; his J.D., with highest honors, from Golden Gate University School of Law; and his LL.M. from the University of Denver Sturm College of Law.

Craig Boehr, Office of Site Remediation Enforcement (OECA) (boehr.craig@epa.gov or 202-564-5162)
Craig Boehr is an attorney-advisor in the Policy and Program Evaluation Division of the Office of Site Remediation Enforcement within EPA's Office of Enforcement and Compliance Assurance (OECA). Craig began his current position at EPA in 2011. He specializes in enforcement issues related to the 2002 Brownfields Amendments to Superfund, institutional controls, and the reuse of contaminated properties. He served as the lead drafter for OECA's "Common Elements Guidance," the core enforcement document that discusses the three "self-implementing" landowner liability protections of the Brownfields Amendments. Craig received a B.A. in Political Science from the University of California, Berkeley and his J.D. from the University of San Diego School of Law.

Webinar Slides and References:

• Slide Presentation for J. Michael Sowinski, Jr., Terradex, Inc. (12.1MB/PDF)

Webinar Slides and References:

• Slide Presentation for J. Michael Sowinski, Jr., Terradex, Inc. (12.1MB/PDF)

Additional Resources:

• These materials will be available by Wednesday, March 15, 2017