Roux Associates, Inc.

Ms. Boston combines her background in geology with her human health risk assessment and statistical expertise to provide multi-disciplinary support for remedial investigations and in environmental litigation. She holds a B.A. from Colgate University, and a Master of Public Health (MPH) degree from Boston University with a focus on Environmental Risk Assessment and Toxicology, where her research has revolved around per- and polyfluoroalkyl substances (PFAS). Ms. Boston’s areas of expertise in toxicology and human health risk include emerging contaminants, quantitative risk assessment, exposure assessments, and toxicological evaluations. Ms. Boston conducts quantitative human health risk assessments and negotiates with regulatory agencies in support of remedial investigations at contaminated properties across the United States. In an environmental litigation context, Ms. Boston has evaluated compliance with the National Contingency Plan for cost recovery (including evaluations of the necessity and appropriateness of response action costs), has performed complex allocations of costs at landfills, sediment sites, and at other large industrial sites, and has performed state of knowledge assessments.

REPRESENTATIVE PROJECTS

Former Dry Cleaning Facility, Oklahoma: Provided expert opinions regarding the nature and extent of contamination, and causation of a release of tetrachloroethylene (PCE) at a former dry cleaning facility in Oklahoma. Expert opinions supported an allocation indicating a de minimus contribution from the client. Case settled prior to depositions.

Tank Car Facility, Ohio: Completed a baseline Reasonable Maximum Exposure (RME) RAGs human health risk assessment for a 160-acre tank car maintenance facility impacted with petroleum hydrocarbons, solvents, and metals. Impacted media included soil, soil gas, and indoor air at five buildings, groundwater, and drinking water. Identified Remedial Action Objectives (RAOs) and calculated Preliminary Remedial Goals (PRGs) to inform a Feasibility Study.

Abandoned Uranium Mines, the Navajo Nation: Prepared White Paper on cleanup options for abandoned uranium mines in the Navajo Nation. Summarized the extent and status of surficial contamination arising from past uranium mining activities, and examined the human health risks uranium contamination poses to the people of the Navajo Nation.

Chemical Manufacturing Facility, New Jersey: Evaluated the transport pathways from a large chemical manufacturing plant to the Lower Passaic River, and variability of contributions from various owners/operators. Assessed the historical chemical manufacturing process, and evaluated the effectiveness, implementability, and costs of historical large-scale sediment dredging sites. Case settled prior to trial.

Former Iron Smelter, California: Performed fingerprinting statistical analysis using trace metals signatures of electric arc furnace fugitive emissions (via principal component analysis). Determined arsenic and lead contamination associated with operation of a former steel smelter migrated to neighboring school property.

REPRESENTATIVE EXPERT RETENTIONS/APPEARANCES

Stratford Holding, LLC., et al. v. Foot Locker Retail, Inc. et al. Case No. CIV-12-722-HE (2010) United States District Court for the Western District of Oklahoma, Expert Report.

Mr. Reed is an environmental consulting specialist with twenty years of experience in complex and challenging environmental assessment, remediation, and litigation support. He holds a B.S. in Environmental Science from Springfield College. He is currently a Vice President and Principal for Roux (16 years with the firm). Mr. Reed has specialized in managing large complex investigation and remediation projects across the country, mainly for the oil and gas industry.

Mr. Reed’s technical specialties include:

Development, implementation, and management of comprehensive site investigations; implementation of remedial work plans; environmental investigations; and construction management.

Development and implementation of project/regulatory closure strategies for challenging sites in New England and New York.

Management and support for construction/redevelopment projects including Brownfields regulatory stewardship. Regulatory liaison and customer support with extensive experience in New England and New York.

Management of environment and construction projects for oil and gas industry including pipeline maintenance and repairs, facility compliance, engineering support, and construction management.

Management and support of litigation projects for both petroleum and industrial clients. Technical Expert on petroleum site investigation and remediation strategies.

Management and strategic support for challenging insurance claim cases in Massachusetts and New Hampshire.

REPRESENTATIVE PROJECTS

Project Principal, Major Oil Company, Active Bulk Storage and Pipeline Facilities. Manager of environmental and construction projects at both active terminals and pipeline facilities on the east coast (Florida to Maine). Work scopes have included various types of permitting, pipeline corrosion/dent inspections and repairs, oil/water separator (OWS) design and installation, Method 21/leak detection and repair (LDAR) inspections, above ground storage tank (AST) annual inspections, building upgrades including demo surveys and general construction management, containment dike surveys, and secondary containment evaluations and designs. Safety awards were received by Major Oil Company multiple times over the last several years.

Project Principal, Major Oil Company, Pipeline facilities. Provided engineering and technical support for securing >100 wetland and various construction permits (state, local, federal). Developed risk reduction plans, engineering design for stream and railroad crossings. Work scopes included assisting with foreign lines and dent anomalies (>1,000). Permits include Clean Water Act (CWA) Order of Conditions, department of transportation (DOT) access, road opening/construction, Natural Heritage & Endangered Species Program (NHESP) Vegetation Management Plans (VMPs) and Operational Maintenance Plan (OMP), Water Quality Cert., and US Army Corps.

Project Principal, Major Petroleum Co., Former Petroleum Refinery, Upstate New York. Site is one of the first refineries in the US, at one time encompassing 700+ acres of land, now in various stages of investigation, cleanup, and redevelopment. Roux currently has several roles and manages many aspects of the overall project. Mr. Reed serves as technical consultant for this client, reviewing all regulatory submittals and overall strategy to achieve site closure through both the NY State Brownfields and Spills Programs. Serves as liaison to regulators, local stake holders, and construction/redevelopment firms. Additional value added has included significant identified cost efficiencies during both remediation and redevelopment.

Project Manager, Oil Company, Albany, New York. Project Manager-in-charge for large-scale dredging project on the Hudson River to remove petroleum-impacted sediments and soil. Included the removal of 3,000 tons of sediment, installation of sheet pile wall, carbon trench, and phyto-remediation plot. Work performed in accordance with Short-Term Incentive Plan (STIP) and agreement with the New York State Department of Environmental Conservation (NYSDEC). Included various stages of client advocacy. Project was completed on-time and under budget resulting in significant cost savings to the client.

Project Principal, multiple spill sites for Insurance Co., New Hampshire and Massachusetts. Assisted local insurance company with complex emergency response spills, including development of closure strategy and oversight/management of response actions.

REPRESENTATIVE EXPERT RETENTIONS/APPEARANCES

Expert/Technical Witness and Project Principal, Major Oil Company, Rochester New York. Oversaw large-sale investigation of former refinery. Assisted with third-party negotiations and regulatory liaison.

Mr. McTiernan is a Professional Geologist and Massachusetts Licensed Site Professional (LSP) with almost thirty years of experience in site investigation and remediation. He is currently a Principal Hydrogeologist with Roux, with whom he has spent his entire professional career. Mr. McTiernan joined Roux in 1989 after receiving an M.S. degree in Marine Environmental Sciences from the Marine Sciences Research Center at the State University of New York at Stony Brook. He also holds a B.A. degree in Geology from Lafayette College.

Mr. McTiernan has conducted, managed, or overseen site investigation and/or remediation projects at many high-profile sites in Massachusetts and around the country, including a number of Superfund sites in New York and New England. These sites have been contaminated with a variety of constituents, mainly chlorinated solvents, petroleum compounds, and metals. His work has involved extensive negotiations and other interface with regulatory agencies, at both the federal and state level. He is currently representing one of his clients on the technical committee for a multi-PRP Superfund site in New England. Mr. McTiernan also provides high-level technical and managerial support for environmental litigation projects.

REPRESENTATIVE PROJECTS

Consultant for RD/RA performing party for Operable Unit 2 of the Peterson/Puritan Superfund Site in Cumberland, Rhode Island, including the JM Mills Landfill. Currently representing client as a member of Technical Committee for RD/RA performing parties, providing review and critique of remedial design submittals and assisting in regulatory negotiations. Other work has included assisting in development of allocation agreements, supporting the client during FS, critiquing the EPA’s Proposed Plan on behalf of the client, preparing a white paper proposing a new remedial alternative not included in final the FS (evapotranspiration [ET] cap), and presenting a new capping alternative at an EPA public meeting.

Principal-in-Charge for long-term surface water monitoring project at the Industri-Plex Superfund Site in Woburn, Massachusetts. Project initially (during RD/RA phases) involved deployment and maintenance of automated surface water monitoring and sampling equipment at ten locations along a 6-mile reach of river at and downstream of the Site, hydraulic characterization of stations, continuous monitoring of stream flow and water quality, and periodic sampling under both baseflow and storm conditions. Currently (post-remedy) maintaining equipment at two full-time monitoring stations and performing monitoring during storm conditions at eight stations.

Principal-in-Charge for supplemental remedial investigation activities for Operable Unit 2 at the Industri-Plex Superfund Site. Work performed following successful demonstration by Roux of the technical infeasibility of ROD interim remedy (pump-and-treat) and the intrinsic bioremediation potential of pond and wetland sediments. Performed supplemental source area investigations, vertical profiling of groundwater contamination, sediment remobilization/transport study, and delineation/sampling of buried lakebed. Also prepared work plans and supporting Project Operations Plans (FSP, QAPP, HASP).

Project Manager and later Principal-in-Charge for implementation of groundwater remedy at the Fulton Terminals Superfund Site in Fulton, New York. Successfully negotiated and implemented an Expedited Pumping Program (EPP) as an alternative to ROD-specified remedy for chlorinated VOCs in groundwater. EPP involved short-term (12 weeks) pump-and-treat using a mobile treatment system, periodic sampling of groundwater, and modeling of post-pumping natural attenuation of residual groundwater impacts. Project also included a geophysical survey to determine extent and decay rate of remnants of freeze wall used during soil remedy (conducted by others), which was delaying complete natural attenuation of site groundwater. Successfully argued, based on success of EPP and natural attenuation modeling, that additional active remediation of site groundwater was not necessary, and prepared Construction Completion Report. Performed over ten years of long-term groundwater monitoring supporting delisting of site from the NPL in 2018.

LSP-of-Record and Principal-in-Charge for MCP Response Actions at a Tier 1A former dry cleaner site in northeastern Massachusetts. Site soil and groundwater contain PCE and degradation products, which have also been detected in indoor air of the existing site building. Project has included review of Downgradient Property Status Submittal prepared for adjacent property, completion of MCP Phase I and Phase II investigations (including Method 3 risk characterization), and Immediate Response Action to evaluate source, persistence, and effects of CVOC discharge to surface water from a local municipal stormwater sewer. Also assisted client in negotiations with adjacent property owners, including review/critique of demands for reimbursement of response action costs under M.G.L. c.21E.

LSP-of-Record for MCP Response Actions at a former asphalt-shingle manufacturing facility in central Massachusetts. Site soil and groundwater are impacted with petroleum hydrocarbons, and deeper site groundwater is impacted with chlorinated volatile organic compounds (CVOCs). Project has included excavation and management of 4,700 cubic yards of buried asphalt and asphalt-impacted soil as a Release Abatement Measure, completion of a supplemental Phase II investigation reevaluating extent of petroleum impacts and demonstrating off-site source for CVOCs in deeper groundwater, and consulting for client during facility demolition. Currently performing Phase III evaluation of remedial action alternatives.

REPRESENTATIVE EXPERT RETENTIONS/APPEARANCES

TRW Inc. v. Lloyd’s of London et al. (1999) Philadelphia County Court of Common Pleas, Expert Report, Deposition, Settled Prior to Trial.

Liberty Mutual Insurance Company v. The Black & Decker Corporation, et al. (1997-2005); U.S. District Court, District of Massachusetts; Case 96-10804-DPW.1.

Mr. Mitchell A. Wiest is a Professional Geologist (P.G.) and Licensed Environmental Professional (LSP) with over 30 years of experience designing, implementing, and overseeing hydrogeologic investigations; and the cleanup of Brownfield/Redevelopment, state voluntary, state transfer program, CERCLA, RCRA, and TSCA sites across the United States. He has considerable experience assisting clients and their counsel complete redevelopment projects including the characterization, decontamination, and decommissioning of commercial and industrial properties, as well as regulatory negotiations and transaction support. Additionally, Mr. Wiest’s technical specialties include the development of conceptual models for complex hydrogeologic settings, remedy selection, in situ and ex situ remedy design and implementation, groundwater/fate and transport modeling, LNAPL and DNAPL characterization, and environmental due diligence.

REPRESENTATIVE PROJECTS

Principal-in-Charge for supporting the purchase and redevelopment of a 100-year-old landmark building, including pre-acquisition due diligence, hazardous building materials survey, comprehensive environmental oversight during select demolition and abatement, and LSP services. Work also included the preparation of pro forma cost estimates of future environmental liabilities to assist with purchase and sales negotiations and agreements. Other services involved development of the technical specifications for and oversight of interior abatement, including asbestos, lead paint, PCB-containing ash, radioactive signage, petroleum-impacted soil, and solvent-impacted sludge.

Principal-in-Charge overseeing the redeveloped of abandoned urban parcel impacted by PCBs, lead, and other contaminants, providing acquisition support to a development team that purchased the abandoned junk yard. Services included environmental site assessments followed by regulatory negotiations that resulted in a unique interim use cleanup plan approved by state (MCP) and federal (TSCA) regulatory agencies. Excess impacted soils were fully characterized for off-site disposal, including on-site stabilization of lead, as part as part of the interim use program that will allow the Site to be safely and productively used while the final redevelopment plan is designed and initiated. Additional services included full-time oversight and community air monitoring during the interim use clean and ongoing LSP, site assessment, risk assessment, and remedial design tasks.

LEP-of-Record and Principal-in-Charge overseeing the demolition and redevelopment of a 100-year-old, 20-acre former precious metal fabrication facility. Designed and executed an investigation that relied on relatively low-cost, fast turn-around techniques to determine locations for more detailed and invasive techniques. Concurrent to the initial facility investigation, a multi-phased wetlands investigation was completed that included delineation, surface water and sediment sample collection, and risk evaluations. Additionally, during the same initial six-month period that the above tasks were completed, a permitted hazardous waste storage area closure plan was completed. Following a review of the initial data, a follow-up investigation resulted in a site conceptual model and remedial action plan that facilitated the transfer of the upland portion of the Site to a new owner, was quickly and cost-effectively completed. Following the transfer of the property, managed and oversaw the decontamination of the facility interior (i.e., asbestos and lead abatement, process equipment decontamination, and hazardous material disposal), facility demolition, and the remediation of site soils. Contaminants of concern included numerous metals, including free-phase mercury, residual and separate-phase hydrocarbons, PCBs, and solvents.

LEP-of-Record for the redevelopment of an urban property consisting of 30 individual former tax lots. The project—which included Phase I and Phase II ESAs (investigation of soil and groundwater), remedial action plan preparation, waste pre-characterization of soils targeted for excavation and off-site disposal—has received a Brownfields-targeted loan from the Connecticut Department Economic and Community Development, following the submission of a successful application. Additional services included project advocacy with the Connecticut Environmental Justice Program, representation at various public meetings, and LEP oversight during remediation and construction activities.

REPRESENTATIVE EXPERT RETENTIONS/APPEARANCES

Stratford Holding, LLC v. Foot Locker Retail, Inc., et al., United States District Court for the Western District of Oklahoma, Case No. CIV-12-0772-HE. Expert Report. 2017.

Ms. Nevins is a Geologist with over twenty-five years of experience in site assessment and remediation, due diligence, and environmental litigation support. She holds a B.S. in Environmental Science from the State University of New York College at Purchase and a M.S. in Geology from the University of Rhode Island. Ms. Nevins is also a Licensed Site Professional (LSP) in the Commonwealth of Massachusetts and Professional Geologist in the State of New Hampshire. She is currently a Principal Geologist at Roux and manages the operations of the Massachusetts office. Ms. Nevins has managed, implemented, or overseen numerous site investigations and remediation projects at properties with impacted soil, sediment, groundwater, and/or indoor air. Ms. Nevins’ litigation support experience includes evaluation of compliance with the National Contingency Plan (NCP) to determine eligibility for cost recovery; allocation of costs among potentially responsible parties (PRPs) for response actions at federal and state hazardous waste sites; the source(s) of contaminants of concern in the environment; and the necessity and reasonableness of past and estimated future costs.

REPRESENTATIVE PROJECTS

Gas Manufacturing Facility, New Jersey: Evaluated the contribution of chromium and mercury from a client’s historical wastewater discharge to an adjacent Superfund site and compared it with actual mass of these metals in sediments at the Superfund site. Apportionment results, which indicated a de minimis contribution of chromium and mercury to the adjacent site, were the basis for a favorable settlement between the client and the Superfund site PRP. Assisted in presentation to United States Environmental Protection Agency Region 2 and preparation of expert report.

Superfund Site in Midwest: Evaluated the validity of the federal government’s allocation approach and methodology at a Superfund (sediment) site in the Midwest. Work included performance of a sensitivity analysis of the government’s technical assumptions and the refinement of the government’s allocation. Assisted in the preparation of an expert report.

PCB Site, Massachusetts: Managed and provided technical support in an evaluation of environmental response costs at a PCB-impacted state hazardous waste site. Work included evaluation of necessity and reasonableness of past and future costs and whether response actions were substantially consistent with the Massachusetts Contingency Plan (MCP), and development of a cost allocation among PRPs. Assisted in preparation of Expert Report.

Due Diligence Matter, Massachusetts: Evaluated the findings and conclusions of two Environmental Transaction Screen Reports prepared in accordance with American Society of Testing and Materials (ASTM) 1528-00 and -06 at a Massachusetts Disposal Site. Work included opinions regarding the reasonableness of reliance on information provided by the Licensed Site Professional for an abutting property. Prepared and cosigned the expert report.

Former Apple Orchard, Massachusetts: Provided technical support for homeowners that reside adjacent to a historical orchard impacted by lead and arsenic. Work included review of MCP response actions performed by PRP, preparation of comments on site assessment reports, and participation in public meetings on behalf of the homeowners. Based on this work, the footprint of the arsenic impact in soils was determined to be significantly larger than originally estimated by the PRP’s consultant.

Former Chemical Manufacturing Facility, Gloucester, Massachusetts: Conducted MCP response actions for a release of arsenic and lead into a wetland, impacting surface water and sediments. Work included management and oversight of a comprehensive site assessment, human health and ecological risk characterizations, preparation of the remedial action plan, and implementation of the selected remedy. Provided coordination and oversight of the remedy, which included excavation of impacted sediment in a wetland followed by restoration of the wetland.

Former Chemical Distribution Facility, Middleborough, Massachusetts: Coordination and management of an MCP Immediate Response Action to abate a risk to ecological receptors in a wetland due to elevated chlorinated hydrocarbons in sediment. Project included regrading of wetland area and wetland restoration, including preparation of a Notice of Intent application for work within a bordering vegetated wetland.

Mr. Woods has been the Director of Recruiting for the firm since 2008. He is responsible for direct recruiting of senior technical and executive staff for all offices, as well as coordinating college recruiting activities. After graduating from the University of Pennsylvania with a degree in History, Mr. Woods pursued a career in sales and marketing. He has 20 years of sales, sales management, product management, and National Account management experience in the pharmaceutical industry. Since joining Roux, the firm has grown from four to eight offices, and has added over 100 staff members.