Real Estate Journal — New Jersey — February 9 - 22, 2018 — 13B
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By Brian R. Fennelly, PE, LSRP, Fennelly Environmental Associates, LLC Environmental Remediation in New Jersey P e t ro l eum, chemi ca l , pharmaceutical and oth- er types of manufactur-
generally include the collection of soil and/or ground water samples for laboratory analysis. However, a Site Investigation can also include information gathering tasks such as con- ducting a ground penetrating radar survey or using a tracer test to determine the discharge point of floor drains. Initial Reporting - Upon the discovery of a spill or other evidence of contamination, the person responsible for the re- mediation (responsible party) is required to immediately notify the NJDEP. This is done by call- ing the NJDEP hotline at 1-877
WARNDEP. The responsible party is also required to submit a Confirmed Discharge Notifica- tion to NJDEP within 14 days after contacting the hotline. Retaining an LSRP - The responsible party is required to retain the services of a New Jersey Licensed Site Reme- diation Professional (LSRP) within 45 days of the discovery of contamination. LSRPs are environmental professionals who direct and oversee the remediation of contaminated sites. The LSRP also guides the responsible party through the remediation process and
ensures they are aware of perti- nent requirements, regulations, obligations, and timeframes. LSRPs are required to comply with all remediation statutes and rules and must consider guidance developed by NJDEP when making remediation decisions. They are subject to a strict code of conduct and must ensure that remediation is protective of public health, safety and the environment. NJDEP monitors remediation progress and the actions of LSRPs by requiring the submittal of forms and re- ports as remediation milestones
are reached. Remedial Investigation - A Remedial Investigation is the process of determining the nature and extent of contami- nation. This is often achieved through the collection of soil and/or ground water samples from areas within and adjacent to the contamination. However, the LSRP can use multiple lines of evidence to determine when sufficient data exist to define the nature and extent of contamination. Analytical data, extrapolation or modeling based on existing data, and the continued on page 15B
ing have played a major role in New Jersey’s history and economy since the beginning of the Industrial Revolution. Tak- ing into consideration New Jer- sey’s long history of industrial activity, it is recommended that parties involved with property transactions or business opera- tions in the state have a general understanding of the process of investigating and remediating impacts to soil and/or ground water. Specific procedures and re- quirements for conducting envi- ronmental remediation work in New Jersey are detailed in two key documents: (1) Technical Requirements for Site Reme- diation (NJAC 7:26E), and (2) Administrative Requirements for the Remediation of Contami- nated Sites (NJAC7:26C). The following is a summary of the basic steps involved in a typi- cal New Jersey environmental remediation project. Preliminary Assessment - During a Preliminary Assess- ment, an environmental profes- sional conducts a review of the history of a property with the goal of determining whether or not potentially contaminated Areas of Concern are present. Preliminary Assessment ac- tivities include an evaluation of ownership history, current and past operations, chemical usage and handling, and waste production. Federal, state, county, and local government records are also reviewed and a site inspection is conducted. A Preliminary Assessment often takes place during due diligence activities associated with a property transaction. A Preliminary Assessment is necessary when a transaction or change in business opera- tions trigger the requirements of New Jersey’s Industrial Site Recovery Act (ISRA). Site Investigation - A Site In- vestigation is conducted in cases where a determination needs to be made regarding the presence or absence of environmental contamination. In cases where it is clear that contamination is present, remediation can pro- ceed without conducting a Site Investigation. Examples of this type of situation include the dis- covery of a leaking underground storage tank or the discharge of a hazardous substance to the ground surface. Site Investigation activities
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Phase I Environmental Site Assessments • Preliminary Assessments Investigation and Remediation • Underground Storage Tank Closures ISRA Compliance • Licensed Site Remediation Professional (LSRP) Services Vapor Intrusion Mitigation • Brownfields Redevelopment We Work With Our Clients to Develop Cost Effective, Customized Solutions Contact: Brian Fennelly, PE, LSRP bfennelly@fennellyea.com | (609) 954-8842 Anywhere in New Jersey, Immediate Response www.FennellyEA.com Over Years
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