|
|
Cleaning a Site - How clean is clean?
The remedial action (clean up) goal is to protect human health and the environment. The clean up standards may therefore differ depending on the proposed re-use of a site. Sites proposed for residential, educational and/or recreational type re-uses will have more stringent clean up requirements than sites re-used for industrial/commercial activities. An environmental consultant will be best able to work with the regulations and advise on the site specific cleanup requirements.
The regulations detail how clean is clean enough in stating maximum levels of contamination concentration for many of the most common hazardous material and cases. Engineers need to work with these regulations to determine how the site will be cleaned up. Different levels and methods of measurement are established for soil and groundwater because the risks posed differ based on whether the contamination is locked up in the soil or leaching into groundwater that may move offsite. The criteria also differ based on the overall groundwater quality goals. Areas with the cleanest, drinkable, groundwater (GA) are required to be held to a higher standard than those areas with groundwater that is already compromised (GB). Finally, the regulations allow that a developer can, where feasible, contain risk by selecting institutional controls which will limit exposure to contamination.
The time it will take to cleanup a site varies from project to project and can be expedited if the investigation of a site shows that it poses marginal risk to human health or the environment. DEM will work with project sponsors to review documents and test results as a priority.
One or more of the following documents will need to be prepared to detail to DEM how the site is proposed to be cleaned up.
This document outlines the specific details of the proposed remedy selected from the three alternatives in the Site Investigation Report. The Remedial Action Work Plan (RAWP) sets out the methods to be used to remove, treat or otherwise limit exposure to contamination. The RAWP must demonstrate that best management practices will be used to prevent exposure to harmful levels of substances, and minimize and manage runoff during the clean up. Additionally the RAWP must specify a number of procedures for emergencies, operational logs, security, closure, public notice and land use controls. (see the
Remediation Regulations
for details.)
An application fee of $1000 is required for all RAWPs.
Additional approvals
may be required if hazardous materials are treated on-site or if the groundwater contaminant is not specifically listed in the regulations.
If required, this plan outlines how on-site soils to be disturbed during and/or after the clean up must be properly managed in order to limit exposures.
This document is required if all contamination is not removed or treated at the site. The document details any land use restrictions placed on the property to prevent exposure to remaining contamination (see sample). Other means to assure the integrity of a completed clean up are also included in the ELUR including long-term monitoring requirements (if any), and DEM's right to inspect the property. An ELUR is necessary when the clean up standard used is less than the most protective residential use standard. The ELUR becomes part of the property deed and the responsibility to abide by the stipulations in the ELUR transfer with ownership. To ensure that the transfer is made, DEM requires property owner to notice DEM before a property is sold.
Once the above documents are approved by DEM the remediation process may begin according to the schedule and conditions set out in the approved plan (see regulations for details). Reports are to be made to DEM at least quarterly as to the progress on the clean up and must include results from the sampling and analysis. An applicant may apply for variances or extensions from the Director. (see regulations for details)
After the site has been fully remediated DEM will issue a "Letter of Compliance".
Go to
Liability Protection
Go back to
Getting Started
|
|
