Mr. Lefebvre, a Professional Engineer in nine states recently joined the SCS Environmental Services team. He brings over three decades of experience as an environmental engineer and consultant specializing in soil and water remediation services for both government and business sectors.
Mr. Lefebvre manages remedial action plans, multi-media contamination assessments, industrial wastewater treatability studies and treatment system designs for SCS’s clients. He serves as an expert witness as well. He has designed and managed industrial wastewater treatment systems for the pharmaceutical industry; successfully remediated groundwater at petroleum Superfund sites; restored soil and groundwater at several RCRA sites; and was the Engineer of Record for a South Florida Water Management District (SFWMD) project to protect the Everglades National Park.
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More than 500,000 people call Volusia County home. Situated on the east coast of Central Florida, the county has 47 miles of Atlantic Ocean beaches and beachfront cities including Daytona Beach, Ormond Beach and New Smyrna Beach. Volusia County has an abundance of natural beauty and some of the most beautiful parks in the United States.
Green Volusia is the county’s long-term initiative designed to provide residents and visitors with information about green, or sustainable, practices to reduce the impact on the environment. Green Volusia provides information about environmentally responsible practices that benefit the whole community as well as encouraging stewardship and conservation of our natural resources.
Despite the best green practices, it came time to expand the county’s landfill. The City Council approved a contract for Professional Construction Quality Assurance (CQA) and Engineering Services with SCS Engineers. SCS is an award-winning environmental consulting, engineering and construction company known for sustainable environmental solutions. The Council selected SCS for their in house expertise in MSW cell construction, and successful record of delivering the highest quality environmental engineering services.
An environmental insurance claim is simply the response and mitigation of an environmental issue or event paid for by an environmental insurance policy. Similar to an auto or home insurance claim, a company or individual purchases this type of policy to protect them in case a matter arises about their facility, operations, or property resulting in a regulatory requirement for investigation and remediation; forming the basis for a submitted claim. Such responses cost money, often a lot of it, and the environmental insurance policy is there to pay for the costs associated with the investigation and remediation of any environmental issues.
Any environmental issue can result in an environmental claim, so it is essential that you have the right policy in place to cover a particular claim. Typical issues or events include:
Insurance clients submit notice to the insurance company that an environmental issue occurred or was discovered which requires investigation and corrective action. The onus is on the client to provide sufficient information to substantiate a claim submittal. The insurance company reviews this information in their evaluation of coverage for the issue under the policy.
When a new claim is submitted to the insurance company, the client must provide information that substantiates that an issue exists and that further investigation and corrective action is required. Often their substantiation consists of the initial technical details about the nature and extent of the environmental problem. Claims analysts generally have a strong legal background but may lack technical environmental expertise; this is when insurance support services become valuable. The following paragraphs summarize each step in the process and how SCS insurance support assists claims analysts through the process.
Once the insurance company receives a notice of claim, they determine whether the client’s policy provides coverage for the specific issue or event that constitutes the claim. A claims analyst evaluates the specifics of the claim to determine if the associated details and circumstances fall within the specifics of the client’s policy. If so, coverage is usually accepted. If not, coverage is generally denied.
SCS’s role is to provide an evaluation of the technical aspects of the claim so that the claims analyst can take the distilled facts and compare them against the specifics of the policy; often called a “Source and Timing” evaluation. Take, for example, an underground storage tank (UST) release at a gasoline station. In this example, free product (gasoline) is observed in an on-site monitoring well where no free product has previously or recently been identified.
The station owner or their environmental consultant reports the apparent new release to the regulator, and a confirmed discharge is recorded. The property owner than notifies the insurance company of a gasoline release to the environment.
As part of the “Source and Timing” evaluation, SCS’s insurance support reviews tank system leak detection and inventory records, tank system tightness testing records, previous groundwater monitoring data, reports of any earlier releases at the facility, and any other information or data about the facility and the subject release. The goal is to identify:
If enough information is available to make these determinations, then the claims analyst compares the SCS report to the coverage specifics and exclusions included in the policy; determining if the event is covered. The claims analyst will usually try to make a coverage determination on their own if the facts are relatively straightforward, but often that is not the case, and the assistance of insurance support services is necessary.
This process can be straightforward, such as in the case of a tanker truck rollover or industrial facility chemical spill, but is often more complicated when insufficient information is available to make a source and timing determination. In the latter case, the claims analyst issues a Reservation of Rights letter, stating that the insurer is not accepting or denying coverage at this time as the circumstances of the claim are still under evaluation and investigation.
Claims can be denied if the incident occurs before or after the policy period; if the source or type of incident are not included or are specifically excluded under the policy; or if the incident occurred because of the client’s negligence. If coverage is denied no further actions are generally necessary on the part of the insurance company. Whether a claim is accepted or denied is often more complicated than what we’ve discussed here.
The claim is accepted; undoubtedly good news for the client. What happens now is that the claim becomes “Active,” requiring among other things for the claims analyst to set reserves. A reserve is an estimate of what the claim is going to cost the insurance company. Your insurance support consultant can provide a rough approximation of the estimated costs to achieve regulatory closure, which includes all expenses incurred from investigation through remediation, post-remediation monitoring and reporting.
Early in the life of a claim, these are preliminary estimates that are refined as a project progresses, often requiring the claims analyst to adjust their reserves; important to the insurance company as future reserves impact financial forecasts. Insurance support services will develop the cost-to-closure estimate based on all available information and data, as well as their professional experience on similar projects. The insurer wants the most experienced environmental consultants and engineers on the case because their estimates are more likely to be on target and identify potential regulatory issues or risks.
From the insurer’s standpoint, the primary goal is to maintain a high level of responsiveness to their clients and process requests for reimbursement against the claim. The role of your insurance support team can continue by managing quality control and evaluation of site-specific activities; ensuring that the investigation and cleanup are reasonable and appropriate given the environmental conditions at the site, all applicable regulatory requirements, and costs consistent with industry standards for recovery. The client and their environmental consultant are required to provide the insurer and the insurance support consultant documentation of the work as follows:
Over the life of a claim, insurance support may correspond with the project consultant on behalf of the insurer, conduct site visits, and be asked to participate in meetings, conference calls, and mediations. The overall goal of your insurance support consultant is to assist claims analysts in closing a claim in the most time-efficient, cost-effective manner possible within all regulatory rules and guidelines.
Once an active claim−environmental project has achieved regulatory closure, the claims analyst begins the administrative process of closing the claim. From SCS’s insurance support standpoint, all that remains is to obtain the appropriate documentation from the regulator confirming that the subject project is approved for closure and that no further actions are required.
There are other circumstances which may result in closing a claim, such as exceeding the maximum total cost that can be paid out by the policy, non-compliance with policy requirements, or new information coming to light which results in a change in coverage position by the insurer. In some cases, such as when there is a change in coverage position or the cause of the issue can be attributed to a third party equipment failure, the insurer may seek to recover costs expended from the client and third-party policies. That process, called subrogation, may require the expertise of your insurance support specialist and at times their testimony as an expert witness.
There are several ways that SCS helps our insurance clients and other clients. The involvement of insurance companies is becoming more pervasive throughout environmental consulting and engineering in all business sectors. The combination of SCS’s industry expertise, contacts associated with our insurance support services, and our Federal, State, and local level regulatory expertise brings more knowledge and efficiency to each project. SCS offers a wide range of engineering and environmental services, a national presence, and a positive established industry reputation.
Our clients appreciate being able to draw upon our insurance-related expertise to assist them with their submittals, interpreting insurance requirements, and liaising with insurance companies as part of our core capabilities.
Mr. Michael Schmidt is an accomplished industry leader with nearly 30 years of progressively responsible experience in the environmental consulting and environmental insurance industries. He has specific expertise focusing on the evaluation of environmental risks and liabilities associated with insurance claims and underwriting, site investigation and remediation, due diligence, and project management.
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Before the Court: EPA admits that it has failed to meet its nondiscretionary obligations to implement the Landfill Emissions Guidelines, as compelled by the CAA. The only questions before the Court were whether the Plaintiffs have standing and, if so, how long to give EPA to comply with its overdue nondiscretionary duties under the Landfill Emissions Guidelines. The Plaintiffs are the States of Illinois, Maryland, New Mexico, Oregon, Rhode Island, California, Vermont, and the Commonwealth of Pennsylvania.
Ruling: Plaintiffs have standing, and the EPA must approve existing submitted plans by September 6 and issue the federal plan by November 6.
Impact on Landfill Owners/Operators: This will create some confusion, as landfills will be working on getting revised rules in place while at the same time start complying with the old EG rule. We are already doing that with XXX sites, but this ruling adds complexity. If EPA keeps to the schedule and we have final approved revised rules by March 2020, landfills won’t have to do as much under the old rules before new ones take effect.
Contact your SCS Project Manager for more information, email us at , or follow SCS on your preferred social media.
On May 1, 2019, the Department of Treasury published in the Federal Register its second set of proposed guidance related to the new Opportunity Zone tax incentive created by the 2017 Tax Cuts and Jobs Act. Opportunity Zones are communities where new investments may be eligible for significant tax incentives. The incentive is designed to spur economic development and job creation. Secretary Steven T. Mnuchin said, “We are pleased to issue guidance that provides greater flexibility for communities and investors as we continue to encourage investment and development in Opportunity Zones…This incentive will foster economic revitalization, create jobs and spur economic growth that will move these communities forward and create a brighter future.”
The second set of guidance defines the meaning of “substantially all” where at least 70 percent of the tangible property owned or leased by a trade or business is qualified opportunity zone (QOZ) business property and similarly, that “use” is satisfied if at least 70 percent of the property is located within a QOZ. The guidance also clarifies that sales or dispositions of assets by a Qualified Opportunity Fund (QOF) do not impact in any way investors’ holding periods in their qualifying investments or trigger the inclusion of any deferred gain reflected in such qualifying investments so long as they do not sell or otherwise dispose of their qualifying investment for purposes of section 1400Z-2(b). According to the guidance, a QOF has 12 months from the time of the sale or disposition or the return of capital to reinvest the proceeds in other QOZ property before the proceeds would not be considered QOZ property with regards to the 90-percent asset test.
As many of the Opportunity Zones will be designated in areas containing Brownfields redevelopment opportunities, SCS expects many of our clients will be interested in this opportunity to do well by doing good. If you are interested in investing in a potential brownfield site, contact SCS Engineers to help you evaluate and manage environmental concerns associated with your site. Visit www.scsengineers.com to learn more.
The following are links to the press release and second set of proposed guidance:
U.S. Department of Treasury Press Release
Proposed Rule by the Internal Revenue Service on 05/01/2019
Within a few months, the Department of Treasury and the IRS expect to address the administrative rules that would apply to a QOF that does not maintain the required 90 percent investment standard as well as information-reporting requirements. SCS will provide an update when this information becomes available.
Next year… 2020 will be the 30th year of SCS Engineers keeping roads in Madison, WI. clean.
A USDA study finds 21 percent of food purchased in the U.S. goes uneaten.
In the United States, 31 percent—or 133 billion pounds—of the 430 billion pounds of the available food supply at the retail and consumer levels in 2010 went uneaten. Retail-level losses represented 10 percent (43 billion pounds) and consumer-level losses 21 percent (90 billion pounds) of the available food supply.
“We’re excited to have SCS Engineers design a food waste prevention program that the individual cities will be able to bring to our residents,” said Lori Topley, Solid Waste Program Manager for the City of Mountain View. “Reducing food waste was recently identified by Project Drawdown (drawdown.org) as one of the top five solutions to reverse global warming.”
Christina Finizio, a recent graduate from the University of Florida now holds a Bachelor of Science in Environmental Engineering. Her journey with SCS began last summer when she joined the Boca Raton team as an Intern. Christina did not always know she would become an engineer, she thought she would study International Business just like her sister, but that quickly changed.
In high school, she attended a Hackathon event that took place in San Francisco, and that is when her interest in engineering began. In this event, she got a glimpse of computer science and other areas; her instincts kept drawing her to engineering. She looked at her options, and many did not seem appealing to her until she looked into environmental engineering. It ultimately made sense to go that route; she always had an interest in the environment and was the President of the Environmental Club in high school.
While in college, she participated in an exchange program and flew out to Madrid for the spring semester. Her experience was unforgettable. During this time, she made friends from all over Europe and the world, improved her Spanish and explored the world of tapas. While there, she took care of business and had an internship with Sacyr’s (Valoriza Servicios Medioambientales), a construction firm, where she joined their Environmental Engineering group. Her internship focused on environmental and solid waste. This was the first time she was exposed to the solid waste industry, and where her interest grew.
After completing her exchange and internship program, she arrived home with a clear idea and knowledge of what she wanted to do next. She did her research and found a well-known professor who teaches and researches in solid waste at her university. She took his classes and studied with his group so she could become more knowledgeable.
Christina is was involved on campus and joined many student organizations. At one of the Society of Women Engineers’ (SWE) event, she met SCS’s Director of Talent Acquisition, Jennifer McCafferty. Christina was interested in SCS’s work and kept in touch with Jennifer. The following summer she applied to SCS’s internship program and was offered an internship in the Boca Raton, Florida office. She enjoyed the experience because it focused on solid waste management her primary area of interest.
Shortly after graduating, Christina joined the SCS team as an Associate Professional at the Tampa, Florida office. She loves the culture, and enjoys working with her team; they are exceptionally friendly and are always willing to lend a hand. She feels her success is in part, due to her team’s focus on their clients’ needs and believes this focus and the team’s communication style is valuable to clients, her team and herself.
Every day her work is different; she can be out in the field one day and in the office the other. She works on a variety of reports such as annual air monitoring and greenhouse gas reports; performs construction oversite for gas systems and system expansions. Her internship and new responsibilities give her a deeper understanding of the solid waste business, and how landfill gas can become a renewable energy resource rather than an environmental impact.
One of her biggest challenges is being able to imagine or see what is going on in the landfill. Landfills are complex requiring environmental monitoring and multiple systems for continuous protection; no doubt that Christina will continue to learn from the best in the business and continue to excel as an Associate Profesional.
Her advice to new interns is to always ask for help when you need it and offer support to those around you. You will be surprised how much you will learn from different areas and how friendly and willing to mentor everyone is. She feels this mantra was what prepared her for her current position.
Fun facts you should know about Christina; that she loves to salsa dance, cook, and travel. She is the first one in her immediate family to hold a degree in engineering and the STEM field. Christina is a valuable member of the SCS Tampa office team and the firm.
SCS Engineers is fortunate to include Christina and our many other Young Professionals at SCS on our teams.
The days of laying out ground control points and spending hours in front of a computer processing data have come and gone. Phil Carrillo of SCS Engineers and others discuss how to get a drone program started that will add real value to your landfill operations, and provide a good return on investment.
In addition to the expert tips, the article provides links to information and resources important to planning a program. Here are a few tips from the experts:
Still sound daunting? It’s not for the professionals at SCS Engineers. Read the article on our website; we encourage sharing it with others too.
More landfill technology resources are here
These kids are among the more than 1,200 students and their families who took the pledge to recycle right at the 10th Annual Earth Day Event celebration hosted by Waste Management at Monarch Hill Renewable Energy Park. SCS Engineers professionals contributed their support and know-how to celebrate and educate at the environmental event.
For the past decade, the event has offered students hands-on recycling, renewable energy and environmental-related activities. One of the most popular activities at the anniversary celebration was a wind machine in which students hilariously tried to catch swirling “hurricane debris.” The most recent storm, Hurricane Irma, added 660,000 tons of debris into the landfill in just four months. Experts explained other inner workings of the Renewable Energy Park such as how landfill gas becomes electricity and “clean” renewable energy.
The day’s activities included stations where students target what can’t be recycled in a bow and suction cup arrow game; don WM vests and hardhats beside the CNG truck which reduces greenhouse gas emissions, make a landfill out of candy before taking a bus tour of the real landfill and use recycled materials to make art with Young at Art and musical instruments with the South Florida Junior Chamber Ensemble.
Proving that being good to the environment is a winning strategy, Miami Dolphins’ former wide receiver O.J. McDuffie and former cornerback Patrick Surtain were on hand to sign autographs and take photos, many of which were shared on social media at #greenbroward, a local initiative in Broward County by Waste Management designed to engage and educate the community on sustainability efforts.
As part of the Earth Day festivities, Waste Management also awarded funds to all participating schools. The Dumpster Art Contest featured the handiwork of 14 schools that all took home gift cards to Michaels for future art projects.
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