2B — February 23 - March 15, 2018 — Owners, Developers & Managers — M id A tlantic
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O wners , D evelopers &M anagers By Amy Lopez, Brockerhoff Environmental Services LLC Environmental cleanup process in New Jersey W hat should you do if your property or prospective prop-
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identified during a Phase II En- vironmental Site Assessment, which is commonly performed during a due diligence evalua- tion based on findings or recom- mendations from a Phase I En- vironmental Site Assessment Report. Soil and groundwater impacts may also be obvious if a spill or release of hazardous materials/chemicals occur at a property, such a heating oil release from an underground or aboveground storage tank. Upon determination that soil or groundwater has been impacted, typically through evaluation of samples that exhibit concentrations above a
regulatory standard, the New Jersey Department of Environ- mental Protection’s (NJDEP) emergency hotline is required to be called immediately and the incident reported. The NJDEP Site Remediation Reform Act (N.J.S.A. 58:10C-1 et seq.) and Administrative Requirements for the Remediation of Contami- nated Sites (N.J.A.C. 7:26C) set forth the affirmative obligation that each person responsible for a discharge, whether it be the property owner, tenant/ occupant or new owner based on contractual agreements, re- mediate the discharge for which they are liable under the Spill Compensation and Control Act. The responsible party is then required to hire a Licensed Site Remediation Professional (LSRP) and begin the investiga- tion. There are certain circum- stances where an LSRP can perform the work but it is not a requirement, such as for the remediation of an unregulated heating oil tank system. For example, a certified individual who holds a subsurface evalua- tor license with the NJDEPmay be able to assist in this scenario. Assuming the release requires an LSRP to oversee the work, the timeframes established by the NJDEP will include: • Completing the Remedial Investigation and submit the Remedial Investigation Report within 3 to 5 years depending on if groundwater is impacted. Certain allowances are given for additional time if the need to move offsite or evaluate ground- water in bedrock is applicable. During this phase, the extent of soil and/or groundwater im- pacts must be determined. • The Remedial Action time- frame to remediate the impacts via excavation, injection of amendments, or another form of active/passive remediation is 3 to 5 years after the Reme- dial Investigation is completed, again depending if groundwater impacts are present. The LSRP will oversee the remediation to ensure that it is properly investigated and re- mediated with minimal NJDEP oversight. There are many requirements to the investiga- tion and remediation process that may arise depending on the type of contaminants, de- gree of impacts and whether or not your property/operations are the source of the spill. A well versed LSRP will advise you as to the best course of continue on next page
erty has im- pacts above a regulatory standard? In New Jersey, environmen- tal consulting firms such as Brockerhoff Environmen-
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tal Services LLC (BES) can assist in navigating the require- ments to maintain compliance and obtain closure for proper- ties. Often times, initial soil or groundwater impacts are
Brockerhoff Environmental Services LLC Environmental Consulting and Remediation Brockerhoff Environmental Services LLC Environmental Consulting and Remediation CELEBRATING 10 Y OF SERVICE 2007-2017 Phase I Environmental Site Assessments Phase II Subsurface Site Investigations Regulated Underground Storage Tank (UST) Services Industrial Site Recovery Act (ISRA) Compliance New Jersey Licensed Site Remediation Professional (LSRP) Soil and Groundwater Investigations New Jersey Child Care Preliminary Assessments Remediation Services Call or Email Us: Frank Brockerhoff, LSRP frank@brockerhoffllc.com Sean Clifford, LSRP seanc@brockerhoffllc.com Phase I Environmental Site Assessments Phase II Subsurface Site Investigations Underground Storage Tank (UST) Services New Jersey Industrial Site Recovery Act (ISRA) Compliance New Jersey Licensed Site Remediation Professional (LSRP) Services Soil and Groundwater Investigations NJ Child Car Preliminary Assessments Remediation Services Call or Email Us: Frank Brockerhoff, LSRP frank@brockerhoffllc.com Sean Clifford, LSRP seanc@brockerhoffllc.com Amy Lopez, LSRP amyl@brockerhoffllc.com (908) 689-4300 or (908) 763-8560 CELEBRATING 10 YEARS OF SERVICE 2007-2017 Phase I Environmental Site Assessments Phase II Subsurface Site Investigations Regulated Underground Storage Tank (UST) Services Industrial Site Recovery Act (ISRA) Compliance New Jersey Licensed Site Remediation Professional (LSRP) Soil and Groundwater Investigations New Jersey Child Care Preliminary Assessments Remediation Services Call or Email Us: Frank Brockerhoff, LSRP frank@brockerhoffllc.com Sean Clifford, LSRP seanc@brockerhoffllc.com Amy Lopez, LSRP amyl@brockerhoffllc.com (908) 689-4300 or (908) 763-8560
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