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EBC Site Remediation and Redevelopment Committee and EBC Solid Waste Committee

Management of Urban Soil in Massachusetts



Wednesday, May 7, 2014

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Boston, Massachusetts

AGENDA

8:00 a.m. Welcome: Russell Schuck, Chair, EBC Site Remediation & Redevelopment Committee
Vice President, Haley & Aldrich, Inc.

Introduction: Michelle N. OBrien, Program Co-Chair and Moderator
Managing Shareholder, Mackie Shea OBrien, P.C.

8:10 a.m. Legal and Regulatory Framework for Soil Management in Massachusetts
Robert D. Cox, Jr., Bowditch & Dewey, LLP

8:30 a.m. Market Demand for Landfill Space and Potential Impacts
Kelly McQueeney, P.E., L.S.P., LEED AP, Harvard University

8:50 a.m. Soil Management at Construction Sites in Massachusetts: Current Practice in
Locating Disposal Options
Bryan P. Sweeney, Ph.D., P.E., Haley & Aldrich, Inc.

9:10 a.m. Soil Management and Practice: The Perspective of an Environmental Contractor
Jon Simpson, Charter Environmental

9:30 a.m. MassDEPs Soil Management Approaches
Sarah Weinstein, Deputy Assistant Commissioner
Bureau of Waste Prevention, MassDEP
Paul Locke, Director of Response & Remediation
Bureau of Waste Site Cleanup, MassDEP

10:10 a.m. Panel Discussion
Moderator: Michelle N. OBrien, Mackie Shea OBrien, P.C.
Panel Members:
Paul Locke, MassDEP
Kelly McQueeney, Harvard University
Jon Simpson, Charter Environmental
Bryan Sweeney, Haley & Aldrich, Inc.
Sarah Weinstein, MassDEP

10:30 a.m. Adjourn

PROGRAM CO-CHAIRS

Robert D. Cox, Jr., Partner
Bowditch & Dewey LLP
311 Main Street, P.O. Box 15156, Worcester, MA 01615-0156
(508) 926-3409 // rcox@bowditch.com

Robert D. Cox, Jr., Esq., is a Partner at Bowditch & Dewey, LLP. Bob Cox counsels clients on
environmental compliance and enforcement actions. He regularly advises clients on brownfields
development activities and on strategies to limit or shift environmental liability risks in connection with
real estate or business transfers. He also represents clients in cost recovery claims and private party
litigation under Chapter 21E and CERCLA in state and federal courts.

Mr. Cox is recognized as one of the top environmental lawyers in Massachusetts by Chambers USA,
Americas Leading Lawyers for Business. He has been selected by his peers as one of the Best Lawyers
in America in the practice area of Environmental Law, and since 2004, he has been selected for
inclusion in Massachusetts Super Lawyers. He is a frequent speaker on topics relating to
environmental law and is a board member of the Environmental Business Council of New England, Inc.

Michelle N. OBrien, Managing Shareholder
Mackie Shea OBrien, P.C.
420 Boylston Street, Suite 504, Boston, MA 02116
(617) 266-5700 // mno@lawmso.com
Michelle N. OBrien, Esq., is a shareholder at Mackie Shea OBrien, PC, an environmental boutique law
firm in Boston. She is a former assistant attorney general in both the environmental protection and
trial divisions of the Massachusetts Attorney Generals Office.
Ms. O'Brien handles environmental and land use permitting and related litigation for various types of
development. She defends companies in environmental enforcement matters at the federal, state,
and local levels. Ms. OBrien also represents private parties in cost recovery and property damage
claims involving releases of oil and hazardous materials and assists clients with real estate
transactions involving contaminated properties.
Ms. OBrien is an appointed member of MassDEPs Waste Site Cleanup Advisory Committee. She is
actively involved in, and is a frequent speaker at, various industry organizations including the Boston
Bar Association, LSP Association, New England Women in Real Estate, and the Environmental Business
Council or New England.
Ms. O'Brien has been listed in The Best Lawyers in America for environmental law and environmental
litigation since 2006. Chambers USA, publishers of Americas Leading Lawyers for Business, quoted
sources describing her as a fearless litigator and an excellent and patient attorney. She is listed in
the Bar Register of Preeminent Women Lawyers and has been named a Massachusetts Super Lawyer by
Boston Magazine each year since 2006.

SPEAKERS

Paul Locke, Director of Response & Remediation
Bureau of Waste Prevention, Massachusetts Department of Environmental Protection
One Winter Street, Room 7002, Boston, MA 02108
(617) 556-1160 // Paul.Locke@state.ma.us

Paul W. Locke is currently the Director for Response & Remediation in the Bureau of Waste Site
Cleanup, overseeing implementation of the Massachusetts Contingency Plan (including audits,
compliance & enforcement and data management systems) as well as the Federal Sites section. Mr.
Locke has been with the Massachusetts Department of Environmental Protection since 1987. Since
2002, Paul had been the Director of Policy and Program Development, during which time MassDEP
promulgated significant revisions to the MCP and firstin-the-nation standards for perchlorate. Before
joining Waste Site Cleanup in 2002, Paul was head of the Risk Analysis Group within the MassDEP
Office of Research and Standards, where he participated in environmental policy development, review
of site specific reports, and provided technical assistance to MassDEP staff and the regulated
community.

Mr. Locke has participated in numerous revisions to the Massachusetts Contingency Plan (310 CMR
40), including the development of the privatized program. He is the primary author of the MCP
Subpart I regulations on human and environmental risk characterization and is co-author of the
Departments Guidance for Disposal Site Risk Characterization. Mr. Locke holds a Bachelors degree in
Chemistry from Harvard College and a Masters degree in Civil Engineering from the Tufts University
program in Public Health.


Kelly McQueeney, P.E., L.S.P., LEED AP, Associate Director
Remediation and Project Support Services
Environmental Health Safety, Harvard University
46 Blackstone Street, Cambridge, MA 02139
(617) 495-9391 // kelly_mcqueeney@harvard.edu

Kelly McQueeney, P.E., LSP, LEED AP, is Associate Director Remediation and Project Support Services
at Harvard University. Ms. McQueeney provides strategic leadership of environmental issues for
construction and remediation projects at Harvard University. She partners with planners, project
managers, consultants and contractors to provide a comprehensive understanding of environmental
conditions and regulatory requirements to facilitate cost effective solutions.

She is a registered Professional Engineer in Massachusetts, New Hampshire, and Maine, a Licensed
Site Professional, and a LEED Accredited Professional. She holds a BS in Civil Engineering from
Worcester Polytechnic Institute and an MS in Environmental Engineering from the University of
Massachusetts at Amherst.

Jon Simpson, Senior Project Manager
Charter Environmental
560 Harrison Avenue, Boston MA 02118
(857) 246-6800 // jsimpson@charterenvironmental.com

Jon Simpson has been a Senior Project Manager at Charter Environmental, Inc. since 1999. Mr.
Simpson estimates and manages projects involving the transportation and disposal/recycling of
contaminated soil. He has assisted hundreds of property owners, generators, attorneys, consultants
and contractors on projects involving both RCRA-Hazardous and Non-Hazardous Soils, Dredged
Sediments, and other environmentally regulated Waste Materials. Mr. Simpson holds a bachelors
degree in Regional Planning and Biology from Westfield State College.


Bryan P. Sweeney, Ph.D., P.E., Senior Vice President
Haley & Aldrich, Inc.
465 Medford Street, Suite 2200, Boston, MA 02129-1400
(617) 886-7364 // BSweeney@HaleyAldrich.com

Bryan P. Sweeney, Ph.D., P.E., is Senior Associate and Vice President at Haley & Aldrich, Inc. Mr.
Sweeney is a strategic advisor to institutional and private developer clients. His overall role is to
identify and mitigate project related risks considering the Owners risk tolerance. Bryan also
strategizes together with clients on the overall approach to below grade construction, including
contracting, scheduling and pricing. His focus in recent years has included mitigating risks associated
with foundation construction, deep excavation support systems, soil management and groundwater
treatment, and tolerable contracting approaches associated with soil disposal. He also chaired the
ASCE committee on Earth Retaining Structures and authored numerous technical papers on
excavations, earth retaining systems and tunneling.


Sarah Weinstein, Deputy Assistant Commissioner
Bureau of Waste Prevention, Massachusetts Department of Environmental Protection
One Winter Street, Boston, MA 02108
(617) 574-6862 // sarah.weinstein@state.ma.us

Sarah Weinstein has been a Deputy Assistant Commissioner in MassDEP's Bureau of Waste
Prevention since 1999. She coordinates policy development on a wide variety of pollution control and
prevention issues, and oversees Bureau strategic planning, communications, and clean energy work.
In previous positions at MassDEP, Ms. Weinstein directed the Division of Planning and Program
Development in the MassDEP Bureau of Waste Site Cleanup, chaired the Board that licenses "LSPs",
private sector experts in site assessment and cleanup, and was a lead author of the Massachusetts
Brownfields Law (enacted in 1998). Ms. Weinstein holds a B.A. from the University of Pennsylvania, and
has done graduate work in community planning at the University of Rhode Island.



Environmental Business Council of New England, Inc.
375 Harvard St, Suite 2 Brookline, MA 02446
(617) 505-1818 // ebc@ebcne.org // www.ebcne.org // Twitter @ebcne