Download Various Types of Response Action Outcomes and

Passaic County Brownfields
Commission Meeting
The Various Types of Response Action Outcome
& the Potential Long Term Requirements
October 21, 2015
James Vander Vliet, LSRP, PE
• New Jersey Professional Engineer
• Licensed Site Remediation Professional
• Senior Manager at JM Sorge
• 20+ years of environmental consulting
experience
• Due diligence and site remediation
2
•
•
•
•
In business since 1986
Joseph Sorge – Founder, owner and President
Supports public and private clients
Due diligence and site remediation
“All environmental problems are unique when you consider technical, business and regulatory aspects. JMS provides value by developing strategic solutions tailored to address each of these facets.” – Joe Sorge. www.jmsorge.com
3
• The Response Action Outcome
• Types of RAOs and What the RAO Means
• Long Term Requirements
• Case Studies
4
• March 2009 the New Jersey Legislature passed the
"Site Remediation Reform Act" (SRRA)
• Site Remediation Program projects must use a private
licensed site remediation professional (LSRP) to
complete the remediation of cases (with some exceptions)
• For most cases, the NFA and covenant not to sue is replaced by the
RAO
• LSRP Code of Ethics
• Mandatory timeframes for initiating and completing remediation
• Permit program for monitoring and maintenance of engineering and
institutional controls
• NJDEP retains authority to "inspect" all
LSRP submittals
• NJDEP provides a more detailed review
of cases that require permits
5
RAO
AOC ‐ Specific
• Specific areas of concern are
identified and addressed
• Typically associated with an UST or
a discrete discharge
• Can be written on a site with historic
fill without remediation of historic fill
Site Wide
• Clears the entire site
• Requires a Preliminary Assessment
• Typically associated with ISRA and
child care cases
6
RAO
Unrestricted
Limited Restricted
Restricted
• Clears property or AOC • Clears property for
• Clears property for limited
limited future use
future use
for any future use
• Residential, parks, etc. • Requires an institution • Use depends on
control
maintenance of an
engineering and institutional
• Requires remedial
control
action permit
• Requires remedial action
permit
7
RAO
Unrestricted
Limited Restricted
Restricted
• Clears property or AOC • Clears property for
• Clears property for limited
limited future use
future use
for any future use
• Residential, parks, etc. • Requires an institution • Use depends on
control
maintenance of an
engineering and institutional
• Requires remedial
control
action permit
• Requires remedial action
permit
8
This type of RAO is issued when:
• No contaminants found at a site or
AOC
• Preliminary assessment and/or site
investigation (child care, ISRA)
• All contaminants were remediated to
the most stringent remediation
standards
• UST, Spill Act discharge, or any case
requiring remediation
9
RAO
Unrestricted
Limited Restricted
Restricted
• Clears property or AOC • Clears property for
• Clears property for limited
limited future use
future use
for any future use
• Residential, parks, etc. • Requires an institution • Use depends on
control
maintenance of an
engineering and institutional
• Requires remedial
control
action permit
• Requires remedial action
permit
10
This type of RAO is issued when:
• The site is only remediated to nonresidential standards; not residential use
• A deed notice and remedial action permit
is required to ensure the proper use
• Without an Engineering Control to limit
exposure, site is only cleared for non-res
• Contaminants in groundwater remain above the
standard
• No engineering control to contain or reduce the
concentrations
• A classification exception area (CEA) is
established and remedial action permit obtained
to prevent exposure
11
RAO
Unrestricted
Limited Restricted
Restricted
• Clears property or AOC • Clears property for
•
limited future use
for any future use
• Residential, parks, etc. • Requires an institution •
control
• Requires remedial
action permit
•
Clears property for limited
future use
Use depends on maintenance
of an engineering and
institutional control
Requires remedial action
permit
• Financial assurance
12
This type of RAO is issued when:
• Standards have not been met
• An engineering control to eliminate
exposure pathways or reduce
concentrations.
• An institutional control and remedial
action permit is required to ensure
the proper use
• RAO can be revisited and revised
• Engineering control reduces the
concentrations to levels that are
below the standards
13
LSRP Issues the RAO
• Guarantee against DEP reopening cases unless
there is an order of magnitude change in the
standards
• Provides the LSRP with covenant not to sue and a
defense against third party damage claims
• For AOC specific or Site Wide RAO, it likely means
the completion of the remediation - Unrestricted
OR
LSRP Issues the RAO
• Additional remediation may be required for
additional AOCs (i.e., AOC – specific RAO)
• Additional remediation may be required for other
media (i.e., soil only RAO)
• Long term actions are required for the case –
Limited Restricted or Restricted
14
•
•
•
Restricted Use and Limited Restricted Use RAOs
•
•
•
•
Remedial Action Permits
Monitoring and sampling requirements
Reporting requirements (biennial certifications)
Annual permit fees
Financial assurance
Maintain the services of an LSRP
Obligation to transfer permit with property
$$$ COSTS $$$
15
For sites with institutional or engineering controls, one
of the following Remedial Action Permit is required
Groundwater
Remedial Action
Permit
• Application required
• Subject to NJDEP
approval
• Applied for CEA,
monitored natural
attenuation, groundwater
treatment systems
• Financial assurance may
be required for active
system
Soil Remedial
Action Permit
Vapor Intrusion
Remedial Action
Permit???
• Application required
• Currently not available
• Subject to NJDEP approval
• Any vapor intrusion
• Applied for deed notices,
system or monitoring
capped sites, active insitu
soil remediation
required is to be rolled
• Financial assurance may
into groundwater or
be required for an
soil permit
engineering control
16
• Groundwater (typical remedy is MNA with a CEA)
– Suggested sampling frequency is provided for MNA / CEA in
NJDEP MNA guidance
Operations and maintenance and monitoring and sampling
for an active system would be dependent upon the system
and the levels of contamination
– Sampling also required at the end of the remediation
–
17
• Soil (typical remedy is a protective cap and deed notice)
– For a cap and deed notice, there are no sampling
requirements
– Periodic inspections are required to insure the cap remains
intact, documented in log
– Operations and Maintenance Monitoring for an active system
is required to ensure the system is working
– Sampling would be required at the end of the remediation
18
• Vapor Intrusion (typical
remedy is a SubSlab
Depressurization
System)
– No sampling required
beyond
demonstrating the
effectiveness of the
system
– Suggested monitoring
frequency provided in
the NJDEP Vapor
Intrusion Technical
Guidance
– ** Not complete table
19
Groundwater
Remedial Action
Permit
• Biennial submission
• Remedial Action
Protectiveness /
Biennial Certification
Form - Ground Water
• Groundwater data
• Revised well search
• Revised CEA and CEA /
WRA fact, if appropriate
• LSRP Certification
• Permit fee
Soil Remedial
Action Permit
Vapor Intrusion
Remedial Action
Permit???
• Biennial submission
• Remedial Action
Protectiveness /
Biennial Certification
Form - Soil
• Revisions to Deed
Notice
• Disturbances to cap
• Cap inspection logs
• LSRP Certification
• Permit fee
• Biennial submission
• Remedial Action
Protectiveness /
Biennial Certification
Form - Ground Water
or Soil
• Indoor air data, if
applicable
• Maintenance and
Monitoring logs
• LSRP Certification
20
All SRP cases
have a annual
remediation
fee, once the
permit is
approved, the
annual fee is
replaced by
the permit fee
21
• Must be posted to ensure funds are available to maintain
long term engineering controls
• Several acceptable mechanisms
–
–
–
–
Remediation Trust Fund Agreement
Line of Credit Agreement
Letter of Credit
Environmental Insurance Policy
• NJDEP provides model docs for most mechanisms
• Annual reporting on the mechanism is required
22
• All biennial certification forms and reports are to be
certified by an LSRP
• Monitoring and sampling activities conducted during the
permit time are to be overseen by an LSRP
• Any case that requires an institutional control,
engineering control, or remedial permit are required to
have a LSRP
• Once the control is deemed no longer needed to protect
human health and environment, the permit can be
terminated, the LSRP released, and at the point the case
is truly complete
23
• If the property is sold, the responsibility of the permit and
financial assurance remains with the permittee, unless
• The permit responsibility is also transferred as part of the
transaction
• NJDEP form to complete the permit transfer requirements
• Fee associated with transfer
24
Case Studies
25
• Several UST cases for a local municipality
• Impacted soils, USTs, previously remediated but never
closed
• Case closure complicated by other site issues (i.e.,
historic fill)
• Completed soil sampling
requirements to close cases
• Three yards closed with AOCspecific RAOs and no long term
requirements
26
• Shopping center in commercial/residential area
• Soil and groundwater impacted with metals related to historic
fill
• Soil remedy includes a deed notice
and a protective cap
Remedial action permit for soils,
inspection and biennial certs
– Financial assurance not required,
owner met Spill Act exemption
–
• Groundwater remedy includes CEA
Remedial action permit not required
– CEA related to historic fill does not
require a permit
–
27
• County Park/Maintenance yard in a residential area
• Soil and groundwater impacted with gasoline compounds
(BTEX)
• Soil remediation resulted in an AOC
specific RAO for soils only
• Residual groundwater contamination
required a long term solution
• Groundwater remedy consisted of
monitored natural attenuation and a
classification exemption area
CEA expected to be in place over 100
years
– Reporting, monitoring and annual fees
will continue until GW levels come
below the groundwater standards
–
28
• Chlorinated solvents in soil and GW
• Numerous rounds of soil sampling, groundwater
sampling and subslab and indoor air sampling
• Posed an immediate risk to occupants
• Final remedy
–
–
Engineering and
institutional controls
for groundwater and
soil
Active subslab
depressurization
system for vapor
29
• Groundwater MNA with a CEA
as the institutional control.
• Groundwater remedial action
permit includes ongoing
monitoring, reporting and fees
• O&M of the SSDS to address
vapor mitigation rolled into the
groundwater remedial action
permit
• Soil engineering control is the
concrete floor as a protective
cap, with a deed notice to
ensure the property use
doesn’t change
• Soil remedial action permit
includes financial assurance,
cap inspections and reporting
30
Q&A
Jim Vander Vliet
201.452.2735
[email protected]
31