AGENDA

EBA Risk Management CommitteeMonthly Call

Wednesday, August 23rd

@ 12:00p-Eastern

CAPSULE –

“Wetlands: ASTM 1527-13 Non-Scope Considerations”

Members (and consistent meeting sponsors!) Judy Marth and Dana Lingle of TetraTech, Inc. will explain how Wetlands may represent additional environmental issues or conditions that should be assessed. If wetlands are not considered upfront, they can lead to regulatory compliance issues or delays in project development goals.

Many of you have heard Judy present in the past. She and Dana will deliver a great presentation!

Dial-in Number:712.432.0075

(Canadian callers:Dial this access number first: 559.546.1400.. and then the number above)

Access code:880073#

Un-/Mute: *6

CALL TO ORDER:

[[Welcome to the EBAMonthly Risk Management Call.Today is *Wednesday,August 23, 2017*.Dennis Firestone and Michael Cole aretoday’s hosts. This call is being recorded in lieu of Minutes.This call is intended for EBA members and invited guests only. Unauthorized use of the content is prohibited.]]

ROLL-CALL:

In lieu of a roll-call, please introduce yourself on the call (even if you are not a member) and then take a moment during the call to e-mail your name r use the button embedded in the Reminder sent 15 minutes prior to the call.

ADMINISTRATIVE:

  • Lisa Kraus Gardner / Nardone / Updates from EBA headquarters.

OLD BUSINESS & TASK GROUP UPDATES:

Audio-replays (mp3 format) for the past two months. Listen to the calls with one of several “fast-playback” Android and iOS Applets (Contact Dennis for recommendations):

  • June – 101 lines. “A Review of Indemnity Agreements and Indemnity Provisions” The EBA Risk Management and Legal-Bank-Regulatory MDGs hosted a joint call this month. Attorneys Pam Elkow of Carmody Torrance Sandak & Hennessey, and Carla Nelson of First Citizens Bank presented their EBA Risk Committee Tip Sheet, which is a timely update to a version Pam presented a few years ago. The Tip Sheet will be available to EBA members via download from the web site shortly. Membership edits to the Tip Sheet are requested. Thanks to Peter and others that responded. Please send your edits soon.

Online Library & Resources

  • July – 112 lines. “Foreclosure and Underground Storage Tanks: A View from Texas (and elsewhere)” Attorney Scott Deatherage delivering his presentation.. and we moved to an panel discussion on lending and foreclosure challenges with Scott and several lenders including Kim Luu (Bank of Hope), Michael Cole (SunTrust Bank), and Bill Sloan (Commerce Bank). Underground storage tanks can present particular challenges for lenders considering foreclosure. While some statutes may provide certain lender protections, underground storage tank statutes may not. Each state’s laws need to be consulted prior to foreclosure. Consideration also should be given to potential tort claims for which there is likely no lender protection. Finally, evaluation of environmental costs versus potential collateral value and net recovery are critical.

Online Library & Resources

Task Groups / Updates:

  • EBA Affiliate and Education Updates (Julie Kilgore and Jeri Massengill);

Jeri is the new Chair of the EBA Education Task Force.

  • ASTM 1527-13 (ESA)
  • ASTM 2247-08(Forest-Rural)
  • ASTM 1903-11 (Phase II)
  • ASTM 1528-14(TSA)
  • ASTM 2018-15(PCA)
  • ASTM 2557-16a2026-16a (Seismic Risk / “PML”)
  • Risk Media Re-Load to Website (Rita)

NEW BUSINESS:

Presentation -

“Wetlands: ASTM 1527-13 Non-Scope Considerations”

EBA Members (and consistent meeting sponsors!) Judy Marth and Dana Lingle of TetraTech, Inc. will explain how Wetlands may represent additional environmental issues or conditions that should be assessed. If wetlands are not considered upfront, they can lead to regulatory compliance issues or delays in project development goals.

Ms. Marth is a Senior Environmental Scientist, National Account Manager, and Certified Hazardous Materials Manager (CHMM) with over 27 years of experience in the environmental and engineering industry. She has demonstrated expertise in planning, coordinating, executing, and supervising large portfolios of assessment and remediation projects for commercial clients. Ms. Marth has experience in client management, business development, project management, environmental site assessments, risk assessments and management, property condition assessments, seismic evaluations, underground storage tank removals, subsurface assessments, industrial hygiene, asbestos inspections, asbestos management plans, asbestos abatement designs, radon gas sampling, vapor encroachment screenings, indoor air quality, microbial assessments, spill prevention control and countermeasure (SPCC) plans, vapor mitigation, and lead-based paint assessments. Ms. Marth is also a Tetra Tech approved Quality Control Coordinator (QCC) and completes quality control reviews for written deliverables

Ms. Lingle is a project manager, environmental ecologist providing technical and administrative support for clients in the government and private sectors. Project support includes project management; technical report writing; quality assurance and quality control for technical documents; environmental field inspections; project planning; and client communication. Ms. Lingle has expertise in Biological Assessments, Ecological Risk Assessments (ERA), Wetland Assessments and Delineations, Stream and Wetland Mitigation Planning and Monitoring, Superfund Site Investigations, Storm Water Management and Erosion Control Inspections, Phase I Environmental Site Assessments (ESA), Property Condition Assessments (PCA), Project Capital Needs Assessment (PCNA), Groundwater Remediation, and Asbestos and Lead Based Paint Inspections.

Tetra Tech,Inc.| Complex World, Clear Solutions | NASDAQ:TTEK
712 Melrose Avenue | Nashville, TN 37211 |

OPEN DISCUSSION:

  • BBNA:Special offer from member BBNA -- EBA members interested in checking out Bloomberg BNA’s Environmental Due Diligence Guide (online, continually updated news and analysis, and chartbuilder tool for all state and federal regulatory requirements and policies) can get free trial access here Special pricing is available for EBA members. Contact Mary Ann Grena Manley () for more info.
  • EBA Journal: Contact Holly Neber of AEI if you would like to contribute to the EBA Journal. Topics can be submitted through the EBA website. Once you submit, Holly will reach out to you.

FUTURE CALLS:

The monthly Risk Calls are always Wednesday at 12:00p-Eastern, and tend to fall on the 2nd or 3rd week of the month. These are onlytentativedates and topics; speaker availability drives the ultimate line-up and specific week. Please contact Dennis if you have a proposed topic or want to throw someone under the bus propose someone as a speaker.

Topics queued:

  • August - Tip Sheet (updates) on Asbestos and Silica - Bill Sloan of Commerce Bank and Chris Gates of Environmental Information Association (EIA).

Topics in development:

  • September: Bitcoin and Blockchain applications in lending and legal documentation
  • October: SBA SOPs - Michael and Sabrina of SunTrust Bank
  • November: Tip Sheet on MSAs - Shannon Rose of Save-A-Lot
  • ______: Tip Sheets (updates) on Adobe XI & DC - Dennis P. Firestone.
  • ______: Career Sustainability - Marty Walters of CIT Bank
  • ______: Tip Sheet on Bank Policy -DPF and Nadine Stroud of Western Alliance
  • ______: Construction Risk Review / or NEPA topic. NEED PRESENTER.
  • ______: ESAs: Liabilities associates with pipelines and rail alignments/spurs on collateral

Responsibility, obligations, etc. – NEED PRESENTER

  • ______: What’s new in bioremediation and alternative remediation technologies
  • ______: Media: How/what to disclose to the media.
  • ______: What data management platforms are out there: CRM, etc.
  • ______: Examples of coordination issues from local, country, state, and federal.

And (maybe in a different presentation), what if you have an AAI report and the State pursues you; is there actual case law on this? – Is “AAI” enough? Also, what about claims outside of the Lender Protection.

  • ______: CAFOs - Snell-Wilmer.
  • ______: Dodd-Frank Implications: Brent/SunTrust and possibly BB&T.
  • ______: Forestry / ASTM – not for a while because just did to joint calls with ASTM/Tech Committee

ADJOURNMENT -

Random links – CTRL + Click to follow the links (thanks to those that contributed; please take a minute and send Dennisyour Favorites for next month).

Feral assets, creepy collateral and peculiar places:

Yi! -

More Yi!:

And yet another Yi!:

DPF’s Tech Recs (proceed at your own risk):

Haha!:

Tin foil hats:

Science and Stuff:

Hmmm.. someone to keep on speed dial:

You know this will go sideways!:

PCA / Construction Fodder:

Risk Recipes:

(If anyone wants some, I have three trees in my yard..)

Meanwhile in Detroit (DPF’s home town):