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ASTM E2790 Identifying and Complying with Continuing Obligations

Price: $899

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About the Course

This 1-day course covers the Standard Guide for Identifying and Complying with Continuing Obligations (E2790). You will gain an understanding of how to use the standard and how it affects the way you do business.

The course covers the three liability protections available under CERCLA, how Continuing Obligations relate to the liability protections, when continuing obligations apply, and why compliance with them is critical. You'll learn what continuing obligations are, how they can be identified, why they are important to a purchaser of property, when they apply, and how long they apply. In addition, the course covers what a Continuing Obligations Plan is and its importance. The class will review the standard, review relevant case law, and discuss case studies -- real world examples of redeveloped sites at which continuing obligations apply.

Learning Outcomes

By the end of this course you will be able to:

  • Discuss the main points of CERCLA liability
  • Discuss key concepts and procedures and define terminology outlined in ASTM E2790
  • Distinguish between the types of Continuing Obligations that may be imposed on a property
  • Discuss the methods and steps for identifying and complying with Continuing Obligations
  • Discuss the guidelines for recordkeeping
Who Should Attend

  • Environmental Professionals
  • Appraisers
  • Property Owners
  • Upper Managers in Financial Organizations, Insurance Companies, and Law Firms
  • Attorneys and Bankers
Course Description

Class: 8:00 a.m. - 4:00 p.m.

  • ASTM Standard for Identifying and Complying with Continuing Obligations
  • Introduction and Background
  • Regulatory/Liability Overview
  • Why ASTM?
  • Small Business Liability Relief & Brownfields Revitalization Act
  • Scope of the Standard
  • Significance and Use of the Standard
  • Limitations to the Standard
  • Terminology
  • Determining Whether Continuing Obligations Apply to a Property
    • Reviewing Phase I ESA Findings
    • Review and Evaluate Environmental Conditions and AULs at the Property
  • Releases, Threatened Releases, and Exposure
  • Special Sources of AUL Information
  • IC/EC Registries
  • Reconsidering whether Continuing Obligations Should be Performed
  • Identifying and Performing Initial Continuing Obligations
  • Initial Reasonable Steps
  • Initial Continuing Obligations for Institutional Controls and Land Use Restrictions
  • Identifying and Performing Continuing Obligations
    • Monitoring and Evaluation
    • Operation and Maintenance
    • Communication
    • Corrective Action
    • Documentation
  • Statement of No Continuing Obligations
  • Continuing Obligations Plan
  • Continuing Obligations Monitoring and Evaluation Report
  • Case Studies
  • Question and Answer Session (throughout)
  • Final Quiz
Referenced Documents

ASTM E2790 Standard Guide for Identifying and Complying with Continuing Obligations

Fee Includes

  • Standard Guide for Identifying and Complying with Continuing Obligations (E2790)
  • Course notes
  • Case studies
  • Certificate of Completion
About the Instructor

John Herbert has taught the Phase I ESA and Phase II ESA standards for more than 15 years. He helped update the Phase I standard to incorporate continuing obligations after they were introduced by the Brownfields Amendments and he works at sites where continuing obligations apply.

Mike Sowinski is the Vice President of Terradex. He brings nearly 25 years of engineering and legal experience on environmental cleanup and redevelopment, compliance, and pollution control, and is an expert in the niche area of institutional controls and cleanup site long-term stewardship, about which he has established himself as a national expert and thought leader.  Mike earned his BS and MS in civil and environmental engineering from the University of Maryland, and a JD from Vermont Law School. Among others things, Mike leads the ASTM Task Group that drafted E 2790, the Standard Guide for Continuing Obligations, and he co-authored “Revitalizing the Brownfields Revitalization and Environmental Restoration Act: Harmonizing the Liability Defense Language to Achieve Brownfield Restoration” published in the University of Virginia Environmental Law Journal.

About Sponsoring Committee

Organized in 1898, ASTM is one of the world's largest voluntary standards development organizations. ASTM standards have grown to be among the world's most widely used and accepted documents. Recognizing the need for authoritative site assessment standards, ASTM pulled together environmental professionals, real estate and insurance professionals, lawyers, and government representatives. The members of ASTM Committee E50 and its Subcommittee E50.02 on Commercial Real Estate Transactions developed the standard upon which this course is based. For more information on Committee E50 contact Molly Lynak or go to our E50 technical committee page.


.5 Continuing Education Units or 5 PDH

Attention: Professional Engineers

If your state has a continuing education requirement for license renewal, ASTM training courses and ASTM membership can help you meet that requirement.

How Learning Will Be Assessed

Learning will be assessed through a series of question and answer sessions and a final quiz.

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