Mr. Johnson, Vice President of SCS Engineers, is an environmental professional with over 25 years experience. He actively promotes improving the environment through interacting with regulatory agencies, advising and supporting professional organizations, teaching academic coursework related to environmental issues, conducting training seminars, and serving as an academic advisor.  Mr. Johnson applies his knowledge of environmental fundamental and situations to develop practical policies and procedures. By staying active and informed on regulatory and community environmental issues, he develops workable solutions, avoids entanglements, and excels as a professional in the environmental field.

Regulatory Agency Experience

Through involvement with regulatory agencies, Mr. Johnson can synthesize the intent and content of adopted regulations, transforming them into functional compliance programs for municipalities. His experience includes working with:

• Department of Toxic Substances Control 

• Environmental Protection Agency Headquarters and Region 9 

• United States Geologic Survey California Integrated Waste Management Board

• State of California Water Resources Control Board

• Regional Water Quality Control Board San Diego Region, Los Angeles Region, and Lahontan Region

• County of San Diego Department of Environmental Health

• Orange County Health Care Agency

• California Environmental Protection Agency

Expert Witness

Mr. Johnson has served as an expert witness on more than 25 cases, including depositions and testimony at trial.

Prior Professional Experience

Environmental Results Indicator (ERI). For the Environmental Protection Agency, Mr. Johnson developed the national indications of groundwater and surface water quality, and wastewater sludge for the ERI project. ERI was given a top priority by the Environmental Protection Agency as a way of tracking the EPA’s progress and more efficiently allocating Environmental Protection Agency resources. Mr. Johnson’s work was used in a briefing for the administering the Environmental Protection Agency; Mr. Johnson attended as a technical advisor.

United Nations Environmental Program (UNEP). Internationally, Mr. Johnson had the opportunity to work for UNEP in Nairobi, Kenya.  While at UNEP, Mr. Johnson worked with the global environmental information system known as INFOTERRA, which provided environmental information to some 115 nations in four languages. His duties included system analysis and clarification. While in Nairobi, he developed a compendium of information on appropriate technologies.

South Coast Air Quality Management District, Mobile Source and Transportation Control Air Pollution Regulations. Mr. Johnson was actively involved in developing mobile source and transportation control air pollution regulations at the South Coast Air Quality Management District. His involvement included testimony before hundreds of people at workshops, hearings, and the District Board. Mr. Johnson developed a benefit-cost analysis of a proposed air quality regulation that was considered by the District’s Board.

Real Estate Risk Management

Mr. Johnson is well known for his expertise in real estate risk management.  A seasoned investor in his own right with extensive property holdings, Mr. Johnson has developed risk management programs for single assets, one-off transactions, and entire portfolios of contaminated properties with market values in excess of $100 million. More recently, he was the principal strategist behind "SCS Secure," the SCS program that offers a menu of risk transfer options to clients with environmentally impaired assets. Mr. Johnson's expertise includes:

• Extensive knowledge of all aspects of real estate investment and development, with an emphasis on industrial product type 

• Development of risk management strategies for "stranded assets" that are owned by a bank or institutional investor, including the use of insurance and guaranteed fixed price remediation programs

• Intimate knowledge of insurance underwriting for environmentally impaired assets, including different product types, current market availability for different types of insurance products, approximate cost structures, and close working relationships with brokers and underwriters to maximize coverage and minimize premium costs

• Development of blended risk programs that include both guaranteed fixed price remediation, cost cap or stop loss insurance, and pollution and legal liability insurance 

• Development and underwriting of long-term liability buy-out programs associated with impaired assets or long-term liability associated with institutional controls and 30-year compliance terms

• Evaluation of existing insurance products to identify policy limits, terms, gaps, and extent of coverage, in conjunction with legal and insurance experts 

• Development and underwriting of guaranteed fixed price remediation programs (GFPR) for multi­million dollar remediation projects

For a real estate holding company with a $3 million stranded asset, Mr. Johnson developed and evaluated a GFPR program. The program allowed this last property of a portfolio to be sold successfully to an institutional investor. 

Environmental Assessment and Remediation

Mr. Johnson is highly experienced and well versed in environmental assessments and remediation. He has managed or been involved with well over 1,000 site assessments and close to 75 site closures. These projects include Phase I environmental site assessments, subsurface investigations of chemicals in the vadose and groundwater zones, and remediation efforts using bioremediation and vapor extraction technologies.  His experience includes selecting remedial alternatives for site cleanup, obtaining environmental permits, and interfacing with regulatory agencies.  Mr. Johnson capably applies his strong knowledge of environmental affairs to effectively deal with contamination from pesticides, heavy metals, petroleum hydrocarbons, chlorinated hydrocarbon, methane gas, and friable asbestos. 

Project Experience

CALReUse Statewide Strategic Partner. SCS is on the National Brownfield Associations team as a Strategic Partner for administering the CALReUSE Program. CALReUSE provides funding for brownfield cleanup that promotes infill redevelopment, particularly residential mixed-use, as defined by regional and local use plans. As Project Manager, Mr. Johnson reviews and scores grant applications; evaluates and recommends projects to the California Pollution Control Finance Authority for financing; and provides technical assistance to applicants, borrowers and grantees. 

Southwest Redevelopment Project Area Community Wide Assessment. The Chula Vista Redevelopment Agency received a $200,000 grant from the Environmental Protection Agency Brownfields Program to complete a community-wide brownfields assessment of the Southwest Redevelopment Project Area. Mr. Johnson, as Project Director, is overseeing the completion of a GIS area-wide inventory. The overall project includes developing site selection criteria for Phase I environmental site assessments, completing the assessments for selected sites, conducting community outreach activities, and verifying compliance with grant requirements. Combining his knowledge of real estate and environmental sciences, Mr. Johnson can develop site selection criteria based on the potential for redevelopment.

Corona Community-wide Brownfields Assessment. The City of Corona received two grants from the Environmental Protection Agency Brownfields Program to complete a community-wide brownfields assessment. Mr. Johnson, as Project Director, is providing brownfield redevelopment expertise for completing a GIS area-wide inventory, identifying site selection criteria for Phase I environmental site assessments and subsurface investigations, and verifying compliance with grant requirements.

Pearson Ford Demolition and Remediation. The former Pearson Ford automobile dealership required extensive environmental assessment and remediation to get the site ready for redevelopment. Mr. Johnson provided his technical expertise to accurately assess the environmental conditions of the site and develop an approach for demolition, abatement, and remediation activities. A property mitigation plan was prepared and submitted to the San Diego County Department of Environmental Health and subsequently approved. During remediation activities, Mr. Johnson provided solutions to unforeseen situations that maintained the schedule and avoided excessive cost overruns. 

San Diego Redevelopment Agency Environmental Consulting Services. Mr. Johnson, as Project Director, resolves issues associated with contaminants of concern that are present in redevelopment areas within San Diego, California neighborhoods on behalf of the San Diego Redevelopment Agency. To meet the agency’s goal of revitalizing neighborhoods and improving economic conditions, Mr. Johnson provides technical assistance to develop end-use driven remediation goals; prepare feasibility cost and determine timing of various cleanup methods; and clarify the impact of monitoring or maintenance requirements for contaminants that may remain on site subsequent to redevelopment. 

Recently, he assisted the agency in obtaining a $400,000 grant from the Environmental Protection Agency’s Brownfields Program. SCS conducted research on sensitive receptors and possible brownfield sites in two redevelopment areas; facilitated the public/private partnership; collected data from agency staff for use in the grant proposal; and prepared the grant proposal. 

San Diego County Water Authority Environmental Consulting Services. Mr. Johnson oversees environmental assessments and other environmental consulting services performed by SCS for the San Diego County Water Authority. Recently, hundreds of acres of vacant land were assess to obtain additional right-of-way as part of the San Vicente Reservoir expansion project.

Lemon Grove Avenue Realignment. As Project Director, Mr. Johnson assisted the City of Lemon Grove acquire environmentally impacted property to establish an easement for realigning Lemon Grove Avenue. SCS completed a Phase I environmental site assessment and subsurface investigations. The subsurface investigation discovered elevated levels of arsenic. Additional investigations assessed and speciated arsenic in the soil; assessed the presence and concentration of arsenic in soil and groundwater; identified groundwater depth and hydraulic gradient at the site and in the site vicinity; and assessed the leachability of arsenic in selected soil samples. The investigation concluded the elevated levels of arsenic are caused from historical land uses. This information was used to plan for subsequent phases of the roadway realignment project.

San Marcos Creek Flood Control and Road Improvement. SCS has completed several Phase I environmental site assessments and subsurface investigations as part of acquisition activities for the San Marcos Creek Flood Control and Road Improvement Project. Mr. Johnson is responsible for conducting quality assurance and quality control reviews of the final reports submitted to the City of San Marcos.

Maderas Golf Course. Sunroad Enterprises proposed to install two wells at their Maderas Golf course in Poway, California to diversity their water resources and reduce their need on potable water sources. Mr. Johnson assisted with regulatory agency approvals that included submitting two letters to the City of Poway. The letters outlined the hydrogeologic conditions observed at the golf course and provided an evaluation of the proposed locations of the new wells relative to features (fracture traces, photolineaments, etc.) documented in the area. The letters submitted to the city concluded that the new wells would not impact off-site test wells. The city agreed with the conclusions presented by SCS, issues the necessary approvals, and two new wells have been installed.

East Village Redevelopment Area. The East Village Redevelopment Area is 26 blocks in downtown San Diego, California. The area was environmentally impaired from commercial and industrial uses dating back to the late 1800s. Mr. Johnson, as Project Director, was responsible for developing a 35-block areawide Phase I environmental site assessment, completing subsurface investigations, and implementing remediation activities for soil and groundwater contamination. SCS self-performed as general contractor over $4 million in remediation activities in the East Village Redevelopment Area that includes Petco Park, home of the San Diego Padres. Mr. Johnson managed staffing and resources and had budget authority. He was responsible for coordinating efforts between the client and stakeholders and serving as regulatory agency liaison.

City of San Diego Underground Storage Tank Investigation and Remediation Services. Mr. Johnson, as Project Manager, managed environmental consulting services for the City of San Diego’s underground storage tank sites.  SCS completed Phase I environmental site assessments, subsurface investigations, soil vapor surveys, and site conceptual models at 17 locations. These included seven fire stations, two police stations, and Brownfield Airport. There were 36 underground storage tanks at the airport and 36 release cases were identified. Mr. Johnson discovered commingled plumes in extremely complex geological conditions and determined remediation alternatives. 

15th and Island Free Product Recovery. At the corner of 15th and Island in downtown San Diego, California light nonaqueous-phase liquid (LNAPL) petroleum hydrocarbons were present at the site. Mr. Johnson provided technical oversight for the design, installation, and operation of a dual-phase extraction system used to perform free product recovery. Prior to installing and operating the systems, a work plan was prepared and submitted to the San Diego County Department of Environmental Health for approval. All work was conducted according to the work plan. The system was effective at removing LNAPL from the site and was shut down because free product had been removed to the extent practicable.

Hard Rock Hotel. For construction of the Hard Rock Hotel to proceed, extensive environmental challenges needed to be resolved. Mr. Johnson worked closely with 5th Rock LLC, the SCS team, and other parties involved to develop a practical approach to demolish, assess, and remediate approximately 80 percent of this city block. The project involved completing subsurface investigations, assisting 5th Rock LLC with the San Diego County Department of Environmental Health Voluntary Assistance Program, and preparing a property mitigation plan. The property mitigation plan had a tight time frame for cleanup of hazardous materials, excavation construction plans, property-specific remediation criteria, and a method for on-site assessment and monitoring using X-ray fluorescence or mobile laboratories. 

Action Car Wash. Action Car Wash, an automobile wash and detailing facility, had three underground storage tanks, fuel dispensers, and pipelines removed from the site in 1994.  Mr. Johnson provided technical oversight and conducted quality control reviews on soil and groundwater investigations that assessed the horizontal and vertical extent of petroleum hydrocarbon-impacted soil and groundwater. Data collected from the subsurface investigation were used to prepare a corrective action plan. Dual-phase extraction was used to extract constituents of concern in the soil and groundwater and enhance natural attenuation that will accelerate remediation at the site and reduce long-term costs associated with continued monitoring and analysis.

National City Community Development Commission. The National City Community Development Commission (CDC) redeveloped two areas: Education Village Redevelopment Area and Harbor District Redevelopment Area. These areas have extensive environmental impacts from historical land uses. As Project Manager, Mr. Johnson provided technical oversight for Phase I environmental site assessments, preliminary endangerment assessments, subsurface investigations, health risk assessments, and remediation planning, design, and construction. He assisted CDC in successfully obtaining a $2 million work grant from the California Integrated Waste Management Board for remediating a former burn dump.

Poway Redevelopment Agency Environmental Services. The Poway Redevelopment Agency is redeveloping several areas along major transportation corridors to revitalize these communities. To resolve environmental issues and obtain regulatory agency compliance, SCS is providing environmental consulting services. Mr. Johnson, as Project Director, provides technical oversight for Phase I environmental site assessments, subsurface investigations, and technical assistance during real estate negotiations that involve implementing the Polanco Redevelopment Act.

Poway Redevelopment Agency Brownfields Grant. Mr. Johnson assisted the Poway Redevelopment Agency successfully obtain a $200,000 grant from the Environmental Protection Agency Brownfields Program. Funds from the grant were used to complete a Phase I environmental site assessment along a 2.59-mile road corridor, prepare quarterly reports on grant progress, conduct screening-level health risk assessments, prepare a regional conceptual site model and overall corrective action process, and complete property profile forms. The Environmental Protection Agency requires both the quarterly reports and property profile forms. 

El Cajon Community Development Corporation. Mr. Johnson is assisting the El Cajon Community Development Corporation with several redevelopment projects that will maintain the viability of the City of El Cajon’s vision for a renewed urban center. He has been involved with remediating several environmentally impaired sites. His involvement includes designing and implementing remediation systems, assessing soil and groundwater, conducting health risk assessments, and conducting historical research on potential responsible parties. Environmental assessments were completed to ascertain the possible presence of petroleum hydrocarbons, volatile organic compounds, underground storage tanks, burn ash, and toxic metals, and to evaluate the possible migration of constituents of concern from off-site releases.

City Heights Brownfield Redevelopment. Mr. Johnson was the Project Manager for several multi-block Phase I environmental site assessments and subsurface investigation for the City Heights Revitalization Corporation and the Price Family Charity. The project included detailed drilling and sampling programs, and remediation designs for soil contamination. Mr. Johnson developed an innovative soil reuse strategy for the Metro Villas project that allowed soil to be safely reused on-site, resulting in savings of ~ $350,000 in reduced remediation costs.

Port of San Diego Environmental Services. Several areas of the Port of San Diego are environmentally impaired from industrial and commercial uses. Mr. Johnson assisted the Port of San Diego determine environmental issues at these sites and developed approaches for remediation. He was responsible for environmental assessments, remediation, permitting, regulatory compliance, hazardous waste management and disposal, and risk assessment. The environmental assessments indicated some sites had been impacted from historical on-site and off-site land use, asbestos-containing materials, and lead-based paint. 

Chula Vista Jurisdictional Urban Runoff Management Program (JURMP). In response to newly adopted storm water regulations, Mr. Johnson assisted with updating the City of Chula Vista’s JURMP. The updated JURMP addresses three major phases of development to protect water quality during each phase: land use planning for new development, construction, and land use or existing development. 

The JURMP was designed to be compliant with the new regulations and documented procedural processes for implementing the JURMP. Because storm water technology continues to change and improve, the JURMP was developed to be a dynamic document.

Teaching Experience

Since 1987, Mr. Johnson has taught numerous courses on environmental site assessment, regulatory compliance, and hazardous materials management. These courses include:

University of San Diego Extension – Hazardous Materials Management Program 

• Environmental Site Assessments. Mr. Johnson provided instruction on preparing a Phase I environmental site assessment according to ASTM standards and other regulatory guidelines. The course covered sound scientific investigations to identify areas of potential environmental concern and liability for the buyer, seller, or lending institution. Students learned how to effectively communicate findings in a Phase I environmental site assessment report. 

• Introduction to Hazardous Materials Management. This interdisciplinary course helps participants understand the safe production, use, storage, treatment, and disposal of hazardous materials. The course covers the toxicology of hazardous materials and wastes, including types of agents, mechanisms of injury, and routes of entry into the body. Students evaluate impacts from these substances on the health of workers and community members and on the quality of air, water, food, natural resources, and wildlife. Students then systematically review major regulations related to hazardous waste, underground storage tanks, air and water quality, surveillance and disclosure (right to know), and development of emergency contingency and response plans. Other topics include current issues related to defining how safe is safe, the role of alternative technologies in reducing waste volume and toxicity, and problems in environmental law, insurance, and liability. This class is the introductory requirement for professional certification in Hazardous Materials Management and Site Assessment and Remediation.

• Regulatory Framework for Toxic and Hazardous Substances. This course provided an understanding of the regulatory framework for hazardous materials and wastes. The students examine in depth federal, state, and local regulations; air, water, and land use issues; and the effects of regulatory development on industry that included industry’s role on regulatory development and their perspective. An overview of legislative history and trends was provided along with a discussion about state and federal Superfund, permitting, planning, and site closure practices.

• Environmental Management Internship Program. This program was designed to provide participants with hands-on experience in an industry setting to bridge the gap between classroom theory and actual professional practice. Students demonstrate and translate the academic knowledge gained through enrollment in the Air Quality Management, Hazardous Materials Management, or Site Assessment and Remediation certificate programs. Students learn to apply advanced technical theories to actual environmental situations, practice common policies and procedures, understand critical thinking as it relates to management styles, participate in regulatory and community environmental issues, problem solve, and excel as a professional in the environmental arena. Interns work under the direction of an instructor/mentor who assists with course instruction, career direction, and academic performance.

Mr. Johnson has played an integral role in helping various audiences understand the complex elements of environmental management. He has shared his knowledge of environmental management through short courses, seminars, and conferences, many of them pro bono. Below is a listing of his conference and seminar involvement: 

University of California San Diego and University of California Riverside Conferences:

• Small Business Compliance with Hazardous Waste Regulations  (Chairman 1988, 1994–95)

• Underground Storage Tanks in San Diego County (Speaker and Program Coordinator, 1987)

• Hazardous Waste Issues in Property Transactions (Chairman:  1990, San Diego and 1989 Riverside and Co-Chairman: 1988, San Diego, California)

• Site and Risk Assessment and Remediation, a Third Research Update (Co-Chairman)

• International Conference on Regulatory Approaches for the Control of Air Pollutants (Atlanta, Georgia; Author and Speaker)

Mr. Johnson has been an instructor, moderator, sponsor, or lecturer for the following:

Phase I Environmental Site Assessments: The New ASTM Standard. As a member of the ASTM committee that worked on the new Phase I environmental site assessment standard, Mr. Johnson was an appropriate choice to serve as moderator for this half-day seminar. The seminar updated professionals in the real estate industry and property owners on the current standard of practice for Phase I environmental site assessments, especially the latest legal and technical issues involved. The new ASTM standard represents an effort by a nationally recognized group to define good commercial and customary practice for conducting a Phase I environmental site assessment. Most importantly, the new ASTM standard is designed to satisfy the “all appropriate inquiry” standard to allow someone to qualify for the innocent landowner defense under the Comprehensive Environmental Response, Compensation and Recovery Act or Superfund.

Surviving Hazardous Materials Compliance: A Guide for Small Business. Designed for the small business owner, this seminar provided guidelines for dealing with hazardous materials and wastes. Topics were presented in nontechnical terms and included training, illness and injury prevention, storm water runoff, hazardous waste treatment and disposal, and the requirements and steps to minimize legal liability. Current and future regulations were discussed along with information about assistance programs available for small businesses.

Avoiding Environmental Liability in California. This seminar addressed the practical problems of current environmental regulations in the transfer and financing of land and commercial real estate. Some of the topics included regulations involving asbestos, solvents, transformers containing polychlorinated biphenyls, underground storage tanks, and wetlands or other critical features. These regulations have been driven by federal legislation and often operate outside of the traditional local regulations of zoning, site plans, and certificates of occupancy. As a result, they require attention to a different and rapidly evolving regulatory environment with the potential for adverse consequences for completely innocent buyers and lenders. The participants addressed both avoiding entanglement with environmental problems and successfully resolving problems when they arise.

Hazardous Waste, Liability, and Real Estate. This conference provided an update on the significant issues in hazardous waste management from the past few years. Addressed were regulatory, legal, financial, and technical issues involving contamination in real estate development and transfer. With the passage of state and federal Superfund laws, dire legal and economic consequences have forced lenders to protect their interests by initiating requirements for prepurchase assessments (Phase I environmental site assessment). Designed for an audience of property owners, property managers, financial investors, real estate professionals, legal counsel, and consultants, the seminar discussed liability and the need for sophisticated awareness of how to avoid personal and corporate liability.

Site Assessment and Mitigation at Hazardous Waste Sites. This conference, co-sponsored by the Association of Hazardous Materials Professionals, examined the impacts on soil and groundwater of an unauthorized release of hazardous waste. Topics included the current state of technology, current trends in soil gas surveys, vapor extraction systems, bioremediation of petroleum-impacted soil, fate and transport and sensitive receptor models for risk assessment, assessing groundwater in fractured systems, vertical heterogeneity, vapor monitoring, and others. New remedial techniques, research, and case studies were presented to aid those designing and managing site remediation. This conference provided an update to professionals interested in cutting-edge technologies of site assessment and remediation.

Brownfields Initiatives; Environmentally Challenged Properties. Mr. Johnson has presented and sponsored a number of sessions for local and national organizations such as the San Diego Bar Association, the North County Bar Association, and the American Society of Civil Engineers. Topics at these meetings have centered on regulatory reform, such as brownfields initiatives, opportunities for environmentally challenged properties, and trends in environmental legislation.

Academic Advisory Boards

University of California San Diego – Hazardous Materials Management Program Advisory Boards. Since 1987, as part of the University of California Extension Hazardous Materials Management Program, Mr. Johnson has served on the following academic advisory boards:

• Hazardous Materials Management Advisory Board (6 years). This board supported the certificate program in Hazardous Materials Management. The program offers comprehensive, practical, state-of­the-art training for industry and government managers, technicians, and those whose work involves the production, use, disposal, or regulation of hazardous materials or wastes. The course of study included the principles, regulations, technologies, analytical practices, and field methodologies used in hazardous materials management. The program is designed to interface with the professional certificate program for environmental site assessment and remediation. In 1992, the board was dissolved and then reformed as the Environmental Management Advisory Board.

• Environmental Management Advisory Board (5 years). As part of the Environmental Management Advisory Board (EMAB), Mr. Johnson provided input and guidance for the following certificate programs:

-Hazardous Material Management 

-Site Assessment

-Air Pollution Control

-Natural Resources Management

-Solid Waste Management

• Career Directions in Hazardous Materials Management (7 years). This program explores career options in effective management of hazardous materials and wastes. The San Diego-Tijuana border is one of the key areas targeted in the Integrated Environmental Plan for the United States/Mexico Border Area. This bilateral effort between the leading environmental agencies of both nations calls for the development of strengthened cooperative enforcement strategies, pollution prevention and reduction initiatives, technical training, and education. Qualified individuals are needed to plan and direct these important programs.

• Career Directions in Site Assessment and Remediation (2 years). This board supports the certificate program in site assessment and remediation and explores career options for skilled managerial and technical professionals. The professional certificate provides students with the skills necessary to plan and implement the site assessment and remediation process, including inspections, remedial investigations, feasibility studies, remedial designs, remedial actions, and post-remedial actions.

Presentations

Mr. Johnson has spoken on the national radio talk show “Environmental Directions.”  On the show, he discussed his role in the passage of a resolution by the Los Angeles Board of Supervisors on disposing of household hazardous waste in Los Angeles County. Mr. Johnson also discussed the broader issues of hazardous waste management and cross-media transfer of pollutants. In addition, Mr. Johnson regularly makes presentations to groups such as: 

• Women in Commercial Real Estate

• North County Bar Association of San Diego

• Building Owners and Managers Association

• San Diego Creative Investors Association

• Construction Financial Managers Association

• American Society of Civil Engineers

• State Bar of California

• Industrial Environmental Association

• Appraisers Institute

Publications

Technical listing is available upon request.