2B — December 13 - 26, 2019 — New Jersey — M id A tlantic
Real Estate Journal
www.marej.com
N ew J ersey
CAPSTAN our strength. your tax savings.
CSIA May Be The Answer! When Co-Mingled Plumes can impact your project
Tax Savings Maximizers Subject Matter Experts Your Trusted Partners
I
t’s a frustrating scenario that plays out quite fre- quently in New Jersey:
example, if a property needs to be tested for gasoline and un- related dry cleaner chemicals appear, your consultant may have reason to suspect that a groundwater plume is travel- ing from an upgradient site to yours. Due to NJ’s density and diverse industrial and commer- cial uses, this is very common to see across many projects. How do remediation ex- perts determine the source of a groundwater plume? If additional groundwater contamination is found, it is important that a property owner verifies that he or she is not cleaning up someone else’s groundwater plume. Forensic techniques, including Com- pound Specific Isotope Analy- sis (CSIA), can trace where a plume came from. CSIA, for example, analyzes the degra- dation of certain contaminants to better pinpoint when the substance first appeared and from where. These scientifically-backed methods identify where the responsibility for cleanup ul- timately lies. For example, a commercial property adjacent to a former gas station could detect a groundwater plume containing petroleum, but fo- rensics can quickly pinpoint that the plume came from another nearby property which formerly contained oil tanks. Even if several of the same contaminants co-mingle across multiple adjacent properties, forensics can pinpoint which contaminant came from which location. For example, three dry cleaners within a two-block radius may be the source of a leak of dry-cleaning fluid. Forensics can be used to figure out which one was the source of the contamination. Unfortunately, even with these identification methods, there tends to be a lot of finger- pointing once a foreign con- taminant is discovered. Whose responsibility is it to clean up the contamination? After all, groundwater does not know property boundaries. Litiga- tion is not uncommon in these scenarios, but a new framework set out by the New Jersey De- partment of Environmental Protection (NJDEP) can help property owners settle this is- sue out of court. What is the NJDEP’s ap- proach to groundwater plume cleanup? For a long time, the NJDEP did not get involved with these
types of conflicts between prop- erty owners. However, New Jersey’s history with manufac- turing and pollutants meant that groundwater plumes were far more common than antici- pated. According to the NJDEP, property owners are “guilty until proven innocent.” It is assumed the contamination found on a property belongs to that property until proven otherwise. This is a stance they have held consistently over the years. While the owner is not obligated to clean up someone else’s contamination, they still need to go through the expense of proving that the contamina- tion isn’t their responsibility or generated from their site. How EWMA can deter- mine your responsibility in a groundwater plume cleanup Upon discovery of a ground- water plume, a property owner should enlist the assistance of an experienced environmental remediation expert to help determine who is ultimately re- sponsible for the cleanup. This process is crucial for limiting the property owner’s liability for a pricey cleanup that may not even be their responsibil- ity to remediate. It’s especially important in a state like New Jersey, where it is entirely pos- sible that multiple properties have contributed to a ground- water plume. At EWMA, this process utiliz- es advanced industry tools such as CSIA to trace the origins of multiple contaminants. By measuring their degradation, we can distinguish different plumes, how long they’ve been around, and how far they may have traveled based on how continued on page 11B
a routine de- velopment is cha l l enged b y o t h e r u n k n o w n g r o undwa - ter contami- nants discov- ered on the site. Whether
Call Us Today! 215-885-7510
101 West Avenue Suite 301 Jenkintown, PA 19046
Michael Sylvester
the property was already un- dergoing an environmental cleanup or the contaminants are a total surprise, discovery of a groundwater plume can bring a smooth development process to a screeching halt. A routine project can be thrown into the throes of litigation, not to mention unexpected incurred expenses, in an instant. What makes a groundwater plume so difficult to resolve? What are your rights and re- sponsibilities if a groundwa- ter plume is found on your property? The environmental remediation experts at EWMA put together this brief guide to groundwater plumes. What is a groundwater plume? A groundwater plume is a slow-moving concentration of contaminants found in ground- water. This type of groundwater contamination can come from numerous man-made causes, including leaking underground storage tanks, petroleum bulk storage facilities, dry cleaners, and many more. Occasionally, natural substances such as iron or sulfates can dissolve into groundwater, creating a groundwater plume as well. Groundwater plumes typical- ly travel in the same direction as groundwater. As the water flows, so too does the plume, traveling inch by inch as the force of the water mobilizes its flow. This movement can run the risk of pushing a ground- water plume from one con- taminated property to another property with no contamination present, causing a regulatory and financial headache for all properties involved. How is a groundwater plume discovered? Oftentimes, a groundwater plume is stumbled upon or ac- cidentally discovered during routine testing. A site with areas of concern that require testing for specific contami- nants will immediately send up warning flags if other, stranger substances are present. For
capstantax.com
2020 CONFERENCE SCHEDULE
4th Annual Philadelphia Forecast February 7th Annual New Jersey CRE Forecast
April 3rd Annual Philadelphia Industrial Development 6th Annual New Jersey Industrial Development March
Annual Delaware Multifamily
May
5th Annual Philadelphia Healthcare &Medical 5th Annual New Jersey Opportunity Zones June 2nd Annual New Jersey Land Development July 4th Annual Philadelphia Capital Markets
September
7th Annual New Jersey Apartment/Multifamily
October
7th Annual New Jersey Medical Properties November 5th Annual Delaware Forecast December 6th Annual New Jersey Capital Markets 5th Annual Philadelphia Apartment/Multifamily
New Jersey
a section of the MARE Journal 350 Lincoln Street, Suite 1105 Hingham, MA 02043 P: 781-740-2900
Fax: 781-740-2929 www.marej.com
Section Publisher Kim Brunet kbrunet@marejournal.com Section Editor Karen Vachon editor@marejournal.com
For speaking, sponsoring or more information contact us! 781.740.2900
Made with FlippingBook HTML5