Environmental Land Use Restrictions - Advanced Case Studies

This program is sold out. To be placed on waiting list in the event of cancellations, please send Email to Seth Molofsky at sjm@epoc.org.

The Connecticut State Board of Examiners of Environmental Professionals (LEP Board) has approved this course for 4.0 hours of continuing education credits (CTLEP-385). This is a new course and it is the first time being offered.

This seminar will be held on April 9, 2015 and runs from 1 PM - 5 PM at the Berlin Auditorium at Eversource Energy (formerly Northeast Utilities), 107 Selden Street, Berlin, CT 06037.  Please arrive by 12:30 PM for registration. For Google map/directions to the Berlin Auditorium, see: https://goo.gl/maps/QdcRB

Fees: 

EPOC Members: $125, Non-members: $175, Gov't Employee/Student Members: $62.50

This seminar was developed by members of the Environmental Professionals’ Organization of Connecticut (EPOC) and staff from the Connecticut Department of Energy and Environmental Protection (CTDEEP). This is an advanced course. During this four hour seminar, presenters and panel members will use case studies to review:

• Types and applicability of various forms of ELURs.
• Legal issues including: survey requirements; easement evaluations; rights of way including utility issues; adverse possession prescriptive versus non-prescriptive easements; subordination agreements; and waivers of subordination.
• Environmental Land Use Restriction components: Decision Document, determining depths of allowable soil disturbance, engineered controls, overlapping subject areas, A-2 survey.
• Planning for an ELUR: start (remediation & development) with the end in mind. The ELUR team approach.
• CTDEEP’s review of the Application for Environmental Land Use Restriction – what does CTDEEP need to complete the review of an ELUR?
• Temporary conditional release of an ELUR & Temporary Release in Part – processes timing and examples.
• Wrap-up – Use of authorized signatures, overview of 1st year of the new ELUR forms (trends, stats and common pitfalls). 

In order to cover the amount of material planned in the time allotted, and gain maximum benefit from the seminar, prior to the seminar all attendees are requested to:

• Read and be familiar with the ELUR Application and Instructions and Guidance - Application for Environmental Land Use Restriction for the Commissioner’s Review and Approval. These can be found on CTDEEP's website at:
  
  http://www.ct.gov/deep/cwp/view.asp?a=2715&q=438254&deepNav_GID=1626

Peter Hill is a Supervising Environmental Analyst with the Remediation Division of the Connecticut Department of Energy & Environmental Protection (CTDEEP) where he has been employed for 20 years. Prior to his employment at CTDEEP, Pete was employed as an environmental consultant. Pete’s responsibilities at the CTDEEP include supervising department staff in the DEEP’s Remediation Division and the Environmental Land Use Restriction Program, and leading the Remediation Division Laboratory Quality Assurance and Quality Control Workgroup. Pete received a B.A. degree in Earth Science from Central Connecticut State University in 1989. He is also a Connecticut Licensed Environmental Professional (LEP).

Anne Peters is a Partner at Carmody, Torrance, Sandak & Hennessey, where she practices environmental law. Anne has assisted clients with environmental due diligence, operational compliance, site remediation and Brownfield projects throughout Connecticut. She has B.A. degree in biology from Wellesley College, a Masters of Environmental Studies from The Yale School of Forestry and Environmental Studies and a JD degree from Boston College Law School where she was an editor of the Boston College Environmental Affairs Law Review. Between Forestry School and Law School, Anne worked as a research assistant to Professor Thompson Webb in the Brown University Geology Department, analyzing pollen microfossils to reconstruct Pleistocene plant ecosystems and climate. 

David Waters is general counsel to Building and Land Technology of Stamford, Connecticut. BLT has completed ventures worth more than $3 billion including more than 4 million square feet of commercial development and over 4,500 residential units. Prior to joining BLT in March, 2007, Dave was a partner in the firm of Lepofsky, Lepofsky & Lang in Norwalk, Connecticut, where he practiced for twenty-four years. The majority of his practice is in the fields of land use and development, real estate transactions and financing, commercial leasing, condominium law and related areas. He has participated as a lecturer on land use for the Fairfield County Bar Association, the Connecticut Bar Association and the Hartford Bar Association. Dave holds a B.A. from Penn State University and a J.D. from the University of Connecticut School of Law. 

George Watson is an attorney with Robinson + Cole where he is a member of the firm’s environmental & utilities group. George’s practice is focused on siting and permitting energy, utility and other infrastructure projects. His work regularly involves the range and intersect of environmental, real estate, and land use concerns. His practice also includes the negotiation of ELURs, representing clients in the acquisition, development and disposition of commercial real property, and telecommunication facility siting and leasing matters. George has a B.A. from Williams College and a J.D. from Northeastern University School of Law. 

William J. Buckley, P.E. oversees all infrastructure development at Stamford’s Harbor Point, which includes the reconstruction of roadways and utility lines, installation of curbs, sidewalks, landscaping and trees, construction of new parkland, waterfront esplanades and open space and environmental remediation and capping. Before joining the Harbor Point Development team, Bill served as the City of Danbury’s Director of Public Works/City Engineer, where he oversaw a municipal public works department consisting of a staff of 150 employees and a total operating budget of $20,000,000. The department was made up of seven divisions: Engineering, Highway, Public Buildings, Park Maintenance, Equipment Maintenance, and Forestry. Bill was responsible for approximately $200,000,000 of capital bonded construction projects, reported directly to the Mayor and worked closely with elected and appointed officials. Bill is a graduate of the University of New Hampshire and is a Connecticut licensed Professional Engineer.

Nick Hastings is a Senior Vice President with Woodard & Curran's Cheshire, CT office, where he is responsible for managing assessment and remediation projects for a variety of industrial and commercial clients. Nick entered the environmental field in 1987 after graduating from Brown University with a B.S. in Geological Sciences. As a LEP in the State of Connecticut, Nick also is authorized to direct environmental activities at eligible sites. Nick is an active member of the Environmental Professionals’ Organization of Connecticut (EPOC) where he has served as President and is currently a Director and a member of the Education Committee, working closely with CTDEEP staff to develop regulations, guidance documents and training programs for the LEP community.

Kathie Cyr is a Principal and Senior Vice President with GZA GeoEnvironmental, Inc.’s Fairfield CT office. Kathie is a Licensed Environmental Professional, a Professional Engineer and a Professional Geologist. She has managed over 1000 environmental investigations for sites throughout the US. In addition, she has extensive experience in remedial planning, design, and implementation as they relate to industrial contaminants. Kathie is a Director and past President of EPOC and chairs the Scholarship and Grant Committee. She is also a member of EPOC’s Education Committee and has worked with CTDEEP staff to develop LEP exam materials, regulations, guidance documents and training programs for the LEP community.

Note – A Connecticut Licensed Land Surveyor is also anticipated to participate in panel discussion.