SRP Preferred ID GIS Layer Released by NJDEP-SRWP

On February 15, 2022, the NJDEP released of its new “SRP Preferred ID GIS layer.” A Geographical Information System (GIS) layer that “displays all active, closed, and pending Site Remediation remedial cases with known or suspected contamination.”   Active GIS users now have another resource when adding data using ArcGIS online, along with those that frequently use NJDEP Geoweb.  The level of information now available is quite deep and includes such things as NJDEP case status & type, remediation fees, and institutional controls associated with the case, to name a few.  Cardinal routinely uses many of the various GIS resources available to environmental consultants and looks forward to having another tool in the shed. 

For additional information on these new GIS resources & how they may support your project, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

Specific details are available on the NJDEP’s site: https://www.nj.gov/dep/srp/srra/listserv_archives/2022/20220215_srra.html

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

May 17, 2021 - NJDEP Adopts New Remediation Standards

On May 17, 2021, the NJDEP adopted amended rules at N.J.A.C. 7:26D. Included in the amended rules are soil and soil leachate remediation standards for the migration to ground water exposure pathway and indoor air remediation standards for the vapor intrusion exposure pathway. Numerous changes in the remediation standards are certain to impact current, future, and closed remediation sites. The phase-in period for the updated rules is six months from May 17, 2021, with certain exceptions (e.g., previously approved Remedial Action Workplan, etc.). Several of the key changes include:

• Replacement of "Direct Contact” Soil Remediation Standards with “Ingestion-Dermal” and “Inhalation” exposure pathways.

• Default “Impact to Groundwater Soil Screening Levels” have been replaced with soil and leachate remediation standards for the new “Migration to Groundwater” exposure pathway.

• Replacement of “Indoor Air Screening Levels” with “Indoor Air” Remediation Standards.

For additional information on these remediation standard changes & how they may impact your project, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

Specific details are available on the NJDEP’s site:[EXTERNAL]: Adoption of Remediation Standards and Updates to Alternative Remediation Standards Technical Guidance (nj.gov)

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Financial Assurance and Remedial Funding Source: Surety Bond-Model Documents

On October 1, 2020, & October 19, 2020, the NJDEP identified that Surety Bonds are acceptable forms of a Remedial Funding Source (RFS) and Financial Assurance (FA), respectively.  Both were posted in accordance N.J.S.A. 58:10C-19 & 58:10B-3i, with model documents available on the NJDEP’s RFS Guide Web Page:

 https://www.nj.gov/dep/srp/guidance/rfsguide/#fa_mechanisms.  

 https://www.nj.gov/dep/srp/guidance/rfsguide/#rfs_mechanisms

For parties choosing to use a Surety Bond, use of the model document is required and the language, as published, cannot be modified.  It should be noted that use of the model documents are currently allowed; however, future changes to the model may be required an amendment or replacement (pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) at N.J.A.C. 7:26C-5.

If a party required to establish a Remediation Funding Source chooses to use a Surety Bond:

1. The original Surety Bond must be provided to the Department with a Remediation Cost Review and RFS/FA Form and, as applicable, 1% surcharge check for an initial RFS submittal or if switching from a Self-Guarantee.

2. The entity issuing the bond must be listed on the U.S. Department of Treasury Circular 570 as an acceptable surety and must have a surety license for the state of New Jersey.

3. The bond cannot be cancelled by the Principal (i.e., the person responsible for conducting the remediation) without written authorization from the Department. Cancellation by the entity issuing the bond requires a 120-day advance Notice of Cancellation sent to the Department and the Principal by certified mail or overnight courier. The cancellation cannot occur during the 120 days beginning on the date of receipt by both the Department and the Principal as evidenced by the Return receipts.

If a party required to establish Financial Assurance chooses to use a Surety Bond:

1. The original Surety Bond must be provided to the Department with a Remediation Cost Review and RFS/FA Form.

2. The entity issuing the bond must be listed on the U.S. Department of Treasury Circular 570 as an acceptable surety and must have a surety license for the state of New Jersey.

3. The bond cannot be cancelled by the Principal without written authorization from the Department. Cancellation by the entity issuing the bond requires a 120-day advance Notice of Cancellation sent to the Department and the Principal by certified mail or overnight courier. The cancellation cannot occur during the 120 days beginning on the date of receipt by both the Department and the Principal as evidenced by the Return receipts.

For additional information on Surety Bonds as NJDEP-approved RFS/FA mechanisms, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Provides Temporary Rule Suspension-Remediation Fee Calculation

On June 17, 2020 the NJDEP adopted an emergency adoption of a temporary rule to suspend the requirement to calculate Site Remediation Reform Act (SRRA) and Remedial Action Permitting fees for fiscal year (FY) 2021, due to financial & budgetary uncertainties cause by COVID-19 pandemic and outlined in Governor Murphy’s Executive Order No. 103 (EO 103).  The FY 2021 fees would remain in effect until FY 2022.

Additional links are below:

• https://www.nj.gov/dep/covid19regulatorycompliance/?utm_medium=email&utm_source=govdelivery

• https://www.nj.gov/dep/covid19regulatorycompliance/docs/srp-contaminated-site-fee-20200617.pdf

• https://www.nj.gov/dep/srp/guidance/srra/fee_guidance_document.pdf

For additional information on Remediation Fees affected by COVID-19 please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Clarifies Remediation Timeframe Extensions Due to COVID-19

The NJDEP has provided further clarification on their April 24, 2020 “Notice of Rule Waiver/Modification/Suspension due to the COVID-19 pandemic and outlined in Governor Murphy’s Executive Order No. 103 (EO 103).  The key detail was how remedial timeframes could have been negatively affected and whether extensions were necessary for responsible parties to maintain compliance.  As presented by the NJDEP, “ …some remediation timeframes identified in N.J.A.C. 7:26C and N.J.A.C. 7:26E, as well as timeframes set forth in an administrative consent order, that have been and will be reached during the period in which EO 103 is in effect will be extended for 90 days.”

For example, if a remedial timeframe were May 1, 2020 it would be extended 90-days to July 30, 2020. The submission of Remedial Timeframe Notification forms are also not required for applicable cases.

Additional links are below:

• https://www.nj.gov/dep/srp/srra/listserv_archives/2020/202006_01_srra.html

• https://www.nj.gov/dep/covid19regulatorycompliance/docs/srp-remedial-timeframes20200424.pdf

• https://www.nj.gov/dep/covid19regulatorycompliance/docs/ao2020-06.pdf

For additional information on Remediation Timeframes affected by COVID-19 please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

Interstate Technology & Regulatory Council (ITRC) Issues New PFAS Technical & Regulatory Guidance Document

Contaminants of emerging concern are a group of chemicals that have historically been used in numerous household products, on farms, businesses, and military installations. After decades of production by major chemical manufacturers throughout the world, the byproducts & chemical compounds of the various processes are now being brought to the forefront. These are commonly referred to as “Per and Polyfluoroalkyl Substances” or “PFAs,”  all of which have been demonstrated to be highly mobile and persistent in the environment.

To provide support for investigators, regulators, industry, stakeholders, and government agencies, the Interstate Technology Regulatory Council (ITRC) has issued new online documents including:

• PFAS Technical and Regulatory Guidance Document (https://pfas-1.itrcweb.org/),

• Revised PFAS Fact Sheets and Explainer Videos (https://pfas-1.itrcweb.org/fact-sheets/),

• Training Module Videos (Sampling & Analysis, Fate & Transport, Human & Ecological Effects, etc.)

For additional information on PFAs please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Compliance & Enforcement: COVID-19 Compliance Alert

On April 21, 2020 The NJDEP issued Compliance Alert #2020-08 to provide further COVID-19 guidance for environmental practitioners and responsible parties in New Jersey. The update provides information for those that may be faced with missing a regulatory or mandatory timeframe for their remedial project.

• It is strongly recommended that the NJDEP be contacted if your project has the potential to miss remedial deadlines as a result of this unprecedented situation.

Cardinal Environmental is considered an essential operation in the state of New Jersey and remains available to assist you with this matter further. While our highest priority is the health, safety and well-being of our families, colleagues, clients, vendors and those we may come in contact with, we remain committed to providing you with the highest level of service.  For additional information please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

Please stay safe during these extraordinary times.

Sincerely yours, 

Tom Francis, LSRP

President

Coronavirus Update (COVID-19)

To our Clients, Colleagues, Vendors and Families,

Cardinal Environmental Consulting, Inc. is committed to working with Federal, State and local authorities to mitigate the spread of the Coronavirus (COVID-19). As information changes on a daily basis, understand that health and safety is our highest priority.

• Cardinal remains fully operational and will continue working remotely. We are also utilizing technology, such as chat, text, e-mail and phone communications to lessen the impact of exposure.  

• Our office continues to support our clients and our contingency plan is designed to continue that support in the event that further quarantine measures are adopted by the State of New Jersey or the federal government.

• We are keeping up with the guidelines of the New Jersey Department of Health (NJDOH) & U.S. Centers for Disease Control (CDC) and will follow the advice and recommendations of health professionals, local, state and federal authorities.

While our highest priority is the health, safety and well-being of our families, colleagues, clients, vendors and those we may come in contact with, we remain committed to providing you with the highest level of service.  Please stay safe during these extraordinary times.

Sincerely yours, 

Tom Francis, LSRP

President

NJDEP "Guard Your Backyard" Initiative

The New Jersey Department of Environmental Protection (NJDEP) launched the “Guard Your Backyard” initiative in October 2019 to assist municipalities with the importation of “fill” materials on residential properties.  Like most homeowners, understanding the potential issues with soil-fill materials used for backfilling, new construction, and/or landscaping are usually outside their purview.  As a result, some homeowners may fall prey to less scrupulous contractors willing to offer “free” fill or make the claim that “I know a guy, who knows where we can get some cheap fill.”  Of course, being conscientious of costs doesn’t mean that residents need to make unnecessary concessions and accept questionable fill materials offered by their contractor. 

 Fortunately, the NJDEP is promoting the “Guard Your Backyard” effort where local communities can establish regulations to ensure that “dirty” dirt isn’t freely deposited without oversight from, or notice being provided to the town, city, or municipality.  The NJDEP is also providing model ordinances that local governments may use when developing their own regulation(s).  To date, several NJ townships have adopted ordinances to address the matter, including Wantage, Frankford, and Lafayette.

 Currently, the NJDEP Site Remediation Program (SRP), requires that clean fill be used for remediation sites (see N.J.A.C. 7:26C and 7:26E), where Licensed Site Remediation Professionals (LSRPs) may have oversight.  Now with the Guard Your Backyard initiative, the hope is that those outside of the SRP can educate themselves and take action to protect their properties, and communities from being affected by contaminated soil.  

 Here are a few tips when looking to obtain “clean fill” for your home project:

• Ask for “certified” clean fill (know where it came from, and ask for supporting documentation)

• Ask if your local municipality requires a permit for importing / exporting soil-fill.

• Ask for additional cost estimates.

• Be wary of using fill from agricultural areas where pesticides or herbicides may have been historically used (*this includes topsoil).

• Be wary of using fill from commercial / industrial sites.

• Be wary of using fill with solid wastes / debris / or asphalt millings.

For additional information on the Guard Your Backyard initiative or on the site remediation process in NJ, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJ Site Remediation Conference-New Brunswick, NJ February 4 and 5, 2020

The NJ Licensed Site Remediation Professional Association (LSRPA) has announced the return of the popular Site Remediation Conference to the Hyatt Regency Hotel in New Brunswick, NJ on February 4th and 5th, 2020.  This is the 3rd annual SRC which has been widely attended by industry professionals and regulators, with networking opportunities, sponsorships, and continuing professional education courses.  The key goals / objectives for the SRC is the sharing of  technical/regulatory knowledge, professional experiences, and ultimately to continue to advance sound practices by environmental professionals and their impact on New Jersey, and our individual neighborhoods.  Cardinal Environmental will be there!

Registration to NJ Site Remediation Conference can be located on the LSRPA website: https://www.lsrpa.org/nj-src

For additional information on NJ SRC or on the  site remediation process in NJ, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. Banner photo courtesy of the NJ LSRPA.

NJDEP Site Remediation Reform Act (SRRA) 2.0

After ten (10) years, The New Jersey Department of Environmental Protection (NJDEP) has updated the Site Remediation Reform Act (SRRA).  The latest version of SRRA (commonly referred to as “SRRA 2.0”) was signed into law by Governor Murphy on August 23, 2019, after input from many stakeholders in the environmental community.  Several notable changes were addressed including (but not limited to) the role of the Licensed Site Remediation Professional (LSRP) & Due Diligence, and Direct Oversight by the NJDEP.  A brief summary of two (2) updates included in SRRA 2.0 are provided below:

LSRPs & Due Diligence:

Potential property purchasers commonly do not want to involve LSRPs in their Due Diligence (e.g. Phase I Environmental Site Assessments, Preliminary Assessments, etc.) due to legal “reporting” obligations of the LSRP when contamination is observed and/or identified at a site. With SRRA 2.0, potential purchasers do not always have a reporting obligation, including their LSRP. One exception is that LSRPs are still required to notify the NJDEP of an Immediate Environmental Concern (IECs) (e.g. contaminated (potable) water, Vapor Intrusion (VI), etc.), and notify the Person Responsible for Conducting Remediation (PRCR)  in writing. 

An LSRP must be retained when any person initiates a remediation.  For consistency, the term “retained” has replaced the word “hired” throughout SRRA 2.0.  However, does a prospective purchaser of a property need to retain an LSRP for due diligence purposes?  Not necessarily. 

Per SRRA 2.0, an LSRP is not required when collecting media samples (e.g. soil, water, air, etc.) or the investigation is not otherwise required by rule or law (e.g. due diligence, bank refinancing, etc.), conducted to obtain a Response Action Outcome (RAO), or to investigate, clean up or respond to any known, suspected, or threatened discharge of contamination.  However, should laboratory testing results (and/or field observations) confirm the presence of contamination, retention of an LSRP is required to proceed with “remediation” along with notification to the NJDEP by the “owner” or “seller.”

(* “Remediation” or “remediate” is defined  as “… all necessary actions to investigate and clean up or respond to any known, suspected, or threatened discharge of contaminants, including, as necessary, the preliminary assessment, site investigation, remedial investigation, and remedial action, provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.” [N.J.S.A. 58:10C-2] )

Direct Oversight

The original SRRA (2009), established regulatory and mandatory remediation timeframes for contaminated sites undergoing remediation, and are still applicable today.  Mandatory timeframes are two (2) years after the regulatory timeframes, and if missed, carry large penalties to the PRCR and place the site into NJDEP Direct Oversight.  Once in Direct Oversight, a case manager is assigned by the NJDEP to oversee the remediation going forward.  With SRRA 2.0, there are now exemptions when 1) deadlines are missed due to access/ownership issues and the PRCR made necessary attempts to gain access, and 2) Additional review time(s) by the NJDEP was required for sites under federal oversight resulting in missed timeframes. 

Additionally, modifications to Direct Oversight are possible if 1) there is a public emergency resulting from a natural disaster, 2) if the NJDEP makes a determination that the modification is in the public interest (and protective of public health, and safety of the environment), and 3) if the NJDEP enters into an Administrative Consent Order (ACO) with a prospective purchaser, provided they meet certain requirements.  Failure to comply may prompt the NJDEP to reinstate any or all of the Direct Oversight requirement.

The full act (SRRA 2.0) is provided at: https://www.njleg.state.nj.us/2018/Bills/A9999/5293_R2.PDF

For additional information on SRRA 2.0 and how the changes may affect your site remediation and/or property transaction, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. Similarly, because the content of this post should not be construed as legal advice or legal opinion, Cardinal recommends consulting an environmental attorney for any specific legal question(s) you may have.

Rutgers Giving Day

It's Rutgers Giving Day and Cardinal Environmental Consulting, LLC is proud to support the Douglas Developmental Disabilities Center (located on the Douglas Campus) which has served the autism community since 1972! Every little bit donated helps this great institution and the many programs, staff, faculty, students, facilities... and of course, the individuals with autism spectrum disorders and their families.

https://givingday.rutgers.edu/campaigns/douglass-developmental-disabilities-center

NJDEP Establishes New Interim Specific Groundwater Quality Standards for PFOAs & PFOs

The NJDEP Site Remediation & Waste Management Program (SRWMP) have established new Interim Specific Groundwater Quality Standards for Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) at 0.01 micrograms per liter (ug/L) (or 10 parts per trillion-ppt).  If your Site in New Jersey has, or had the potential to store, use, manufacture, dispose, or discharge these contaminants, further evaluation is recommended.  This starts with a Preliminary Assessment (for “Entire Site” Remediation Cases) and potentially a Site Investigation and/or Remediation.  For Licensed Site Remediation Professionals (LSRPs) in NJ, and other environmental consultants, look to have plenty of back-up data or information to justify the use of professional judgment…and the reasons why further evaluation/ assessment was not warranted. 

Further information on this NJDEP update are provided here SRWMP_ implementation of March 13, 2019 Interim Specific GWQS.  Additional resources can be found at the Interstate Technology Regulatory Council (ITRC).   

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with your remedial solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

Updated NJDEP Public Notification Requirements

Environmental practitioners and responsible parties in New Jersey take notice as the NJDEP public notification requirements were updated. From the SRP-Site Remediation Reform Act (SRRA) Listserv:

Updated Public Notification Requirements

On August 6, 2018, amendments to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) were published in the New Jersey Register. The amendments include changes related to Notification and Public Outreach at N.J.A.C. 7:26C-1.7.

The major change requires public notification within 14 days prior to commencing initial field activities associated with the remedial investigation (previously remedial action). For cases that initiated the remedial investigation prior to August 6, 2018 but have not yet satisfied the public notification requirements, the 14-day public notification is now due. However, for these cases, the Department is allowing the person responsible for conducting the remediation to comply with the public notification rule requirements by June 30, 2019.

The public notification webpage (www.nj.gov/dep/srp/guidance/public_notification/) is being updated to reflect the new requirements. In addition, the Department will add language highlighting the revised public notification requirements to the acknowledgement letter that is issued in response to online submittals of site investigation reports and remedial investigation reports. SRP Site Remediation Reform Act (SRRA) Web site: www.nj.gov/dep/srp/

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with your remedial solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

New Jersey-Hazardous Discharge Site Remediation Fund (HDSRF) Update-July 2016

Remedial cases in New Jersey in New Jersey often stall out due to the lack of available funds.  This is no secret, as the costs to investigate and/or remediate cases thought to be relatively benign can sometimes sky-rocket 10x, and no responsible party (or homeowner) wants to get that news.  In similar fashion, when looking for some form of assistance or relief from the state, there was the similar doom & gloom scenario where no money was available, or the funds were all dried up.  However, recent inquiries by Cardinal Environmental Consulting to the NJDEP have produced a shimmer of hope with the Hazardous Discharge Site Remediation Fund (HDSRF)…and ultimately a few of our clients.

The HDSRF fund is doing quite well with about $12 million remaining through June 2016, with another $11 million coming in July.  Review times are averaging about 30 days; however, there is still a lengthy backlog so the number one tip that we give all our clients is:

 1.      Assess whether they qualify and if so, get an application in as quickly as possible. 

Applications may take some time to complete, as a number of things are required (e.g. remedial cost estimates, funding type, demonstrated need, etc.) but be sure to take full advantage of the HDSRF County Coordinators.  They are always available to assist with the applications, and are excellent resources.  Allocating valuable time and a relatively small monetary investment to get through the process could save you thousands of dollars later on, so don’t delay!

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with remedial funding solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

Photo of Lake Pemberton, NJ /  Courtesy of Kimberly Green Kaeser

New Jersey Residential Underground Storage Tanks: Contractor Tips Volume 1: “Contracts”

Last month, Cardinal Environmental Consulting discussed the topic of Unregulated Heating Oil Tanks (UHOT) in New Jersey, and the forthcoming legislation that will allow for small amounts of contamination to be left behind (see New Jersey Unregulated Heating Oil Tanks & The Deed Notice “Light”), but for this post, we decided it was important to list some key points for homeowners to consider when having an Underground Storage Tank (UST) removed and some tips to be aware of when hiring a contractor:                                                                            

• Ensure that the UST contractor you’re hiring is certified & insured…and ask for copies.
• Ensure that the UST contractor calls for a utility mark-out (and get a copy of the mark-out ticket). It’s the law in New Jersey.
• Let your contractor know where all of the “private” utilities are on your property beforehand, including irrigation and electric lines if you know where they are.  Contractors are not (and shouldn’t be) responsible for unknown utilities…but they are very skilled and avoiding them if they are told ahead of time.
• Read the fine print at the end of the contract.  Often times a residential UST contractor will provide a price to coordinate, remove, and dispose of the UST only.  If contaminated soils are identified, it will be an added cost to remediate.  For example: If the contract price you received says $5,000…that doesn’t usually include the excavation, transportation, and disposal of contaminated soils.  However, ask what will happen if contaminated soils are discovered, and discuss the price per ton if soils need to be excavated.  This generally ranges between $75 and $95 per ton. 
• Analysis costs for soil samples are often not included. Waste classification (WC) samples are sometimes collected, but the actual analysis may be an added cost. Discuss sampling and analysis prior to selecting your contractor. Note: the WC samples are used to let a disposal facility know what they are “accepting.” 

And last, but not least:

• Have the contractor include the cost to include mats or other means of protecting your lawn when the work is being performed. This includes keeping the removed UST on heavy plastic after it’s pulled.  It’s understandable that there may be some minor disturbances to the grass and/or ground surface, but there’s no reason for two (2) foot deep ruts!

As we’ve stressed in the past, there are many good, reputable environmental consulting and contracting firms that do honest work and put in the effort to minimize the stress of removing USTs, however, you should also understand the proposed scope of work and costs, prior to signing any contract.  Understand what you’re paying for and what the expectations are.  Stay tuned for future discussions on this topic as there are plenty of items to cover!

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with Underground Storage Tank solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

Environmental Pricing: Lowest Price & The Race to the Bottom

In the Mid-Atlantic area, there are many good, reputable environmental consulting firms that do honest work and put in the effort to solve the complex situations that we’re often presented with…and given the industrial & manufacturing history here (and geology), they can be challenging, but offering the lowest price is a race to the bottom that often leads to disaster and soured client-consultant relationships.

This is very common in public bidding opportunities (e.g. Request for Proposals), and is not limited to environmental consultants.  The success rate is generally pretty high when going with a lowest price strategy; although many towns, cities, municipalities have the authority to pass on the lowest bid if they deem a respondent to be more qualified or better suited to achieve the desired results…at an acceptable cost.  It also means that they can select the incumbent if the price is right, thus making their selection process that much easier (and truly minimizing the opportunities for other small businesses).  Cardinal Environmental covered this topic in our January blog post “Should Small Businesses Pursue Requests for Proposals?,” but the same principles hold true when local businesses are searching for a reputable environmental consultant to help them through a difficult situation, whether it’s due diligence, an Underground Storage Tank (UST) removal, or Licensed Site Remediation Professional (LSRP) services.

Experienced firms typically understand that communicating a realistic, or probable outcome to a prospective client along with estimated, and realistic projected costs increases the trust-factor, and the perceived value you bring to the table.  Conversely, there are also many firms (experienced and inexperienced) that will provide a low bid or low cost (with too much fine print in their contracts), simply to secure the work.  Unfortunately, a complex Site’s difficulties usually surface over a short time-period leaving the consultant and client scrambling to identify how much more money is needed, how much longer, etc.  This tactic ultimately impacts the public perception of the environmental consulting industry, but does that mean you should always throw out the lowest price?  Probably not.  It means that you should understand the proposed scope of work, prior to signing that contract, which goes back to a familiar theme that we stress at Cardinal Environmental: effective communication.  Understand what you’re paying for and what the expectations are!

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with environmental solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

Compliance with Remedial Timeframes

The May 2016 deadline for many remedial (investigation) cases has recently passed; however, Persons Responsible for Conducting Remediation (PRCRs) should not put the brakes on forward progress.  Ideally, extensions or other methods of communication were taken prior to the specified date to demonstrate to the NJDEP that action is being taken, or that a timeframe was likely to be missed, but wallowing in defeat never served any purpose (on any level). Regulators and consultants alike understand the complexities when investigating and/or remediating a site, but the easiest course of action is simple communication.  Don’t overthink it.  A phone call, an email, snail mail…take some measures to discuss the matter with the folks in Trenton and keep pressing forward. 

The first step in the process is to retain (or continue to work with) an experienced Licensed Site Remediation Professional (LSRP) to direct the remedial efforts, and right the ship.   The ultimate goal is to avoid direct oversight by the NJDEP, maintain control of your site’s remediation, and keep cleanup costs down. 

As the NJDEP likes to stress:

Site Remediation Costs < Site Remediation Costs + Penalties + Legal Fees

At Cardinal Environmental, we have the experience to get you through your remedial situation, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community (including the NJDEP) to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with LSRP services, and/or environmental solutions, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

SRPLB Rule Adoption Review- Volume V: Responsibilities of Successor LSRPs

On January 4th, 2016, newly adopted rules by the New Jersey-Site Remediation Professional Licensing Board-N.J.A.C. 7:26I ("Regulations of the New Jersey Site Remediation Professional Licensing Board") were published in the NJ State Register.  The effective date is January 4th, 2016 / expiration date is January 4th, 2023.  This is the fifth part of this blog series where we continue to look at some of the changes, and look at the public comments / questions and Board responses...and try to "simplify" what they mean.  For this post, we’ll take a brief look at the responsibilities of a “Successor” Licensed Site Remediation Professional (LSRP), as discussed in the General Comments section of the Adoption Document: 

N.J.A.C. 7:26I-6.7 Responsibility of Successor LSRP

52. COMMENT: The commenters opine that the Board requires a successor LSRP to question and potentially "redo" the work of a previous LSRP in N.J.A.C. 7:26I-6.7. This will result in duplication of prior work and potentially greatly increase the costs of a remediation. The Board should revise the proposed new rules to reflect that a new LSRP may utilize his or her professional judgment to determine if any deficiencies in work previously done by another LSRP are valid environmental concerns that will impact the effectiveness of the remediation to protect public health and safety and the environment. A new LSRP should only "redo" previous work when there is a legitimate and justifiable environmental concern. (8, 9, and 17).

RESPONSE: The Board agrees with the commenters that a successor LSRP should have discretion to determine when work completed by a previous site remediation professional may be relied on. However, the Board believes the commenters are incorrect that N.J.A.C. 7:26I-6.7 requires a successor LSRP to "redo" or duplicate the work of a previous LSRP. N.J.A.C. 7:26I-6.7(a) specifically provides that a successor LSRP may complete any phase of remediation based on the work of another LSRP, provided that the successor LSRP abides by the requirements of paragraphs (a) 1, 2, and 3. A successor LSRP is responsible for correcting deficiencies in documents submitted by previous site remediation professionals, including deficiencies identified by the Department or the LSRP himself or herself. It is incumbent upon the LSRP to use his or her professional judgment to identify deficiencies not identified by the Department in documents that warrant correction. Although correcting a deficiency may indeed require additional work and expenditure of additional funds, such measures may be necessary to protect public health and safety and the environment. However, the Board recognizes that there may be deficiencies that are not "material" to the remediation, and that the LSRP is in the best position to evaluate deficiencies and whether or not they are material, and thus warrant correcting. Therefore, the Board will add "material" before "deficiencies" in N.J.A.C. 7:26I-6.7(b).

The Board notes that N.J.A.C. 7:26I-6.7(c) includes the term "material" in referring to "facts, data, or other information concerning any phase of the remediation for which a report was submitted to the Department." The term "material" indicates that the LSRP should evaluate the facts, data, and other information and decide if they are significant or relevant or important to "any phase of the remediation." The Board disagrees that only those facts, data, and other information that are so important that failure to disclose them will impact the effectiveness of the remediation to protect public health and safety and the environment warrant notification. However, the LSRP does have the discretion to use his or her professional judgment to decide if the facts, data, and other information are material and, thus, to decide if they warrant notification. Therefore, the Board declines to make any additional revisions to the proposed new rules as the commenter suggests

What does that really mean?  Again, to simplify the matter...an LSRP is required to correct all “material” deficiencies in prior submittals by site remediation professionals.  These could be reports by LSRPs or non-LSRPs.  The key factor here is the use of “Professional Judgment,” which will vary between individuals, and was discussed in our prior blog topic “LSRPs & Professional Judgment.” In the environmental consulting world, professional judgment will dictate how much “supportive” information, or lines of evidence, are necessary to render a decision.  However, does that mean you need to re-create or re-do the prior work of the previous consultant?  Of course not…but you should be prepared to carefully review all available documents, and it is highly recommended that a NJDEP file review be conducted.  Once done, the LSRP can use all of the facts to make a sound decision, and ultimately determine what can be relied on. 

The easiest way to avoid complicating matters, is to complete this first step (which would take a financial and time commitment from the PRCR), and not rush back into the field to start collecting more, and more data (soil, groundwater, etc.) Oftentimes, there is plenty of information already available…you just need to find it.  Conversely, if there are significant gaps in prior reports (or even questionable decisions by regulators from years past) it may be in the best interest of the LSRP to open up their tool box, and be prepared to conduct supplemental field activities.

Stay tuned for future posts as we’ll continue to dissect and try to simplify more items on the new NJDEP SRPLB Rule Adoptions. We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information regarding LSRP services, and/or environmental business practices, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

Responsible Party Pain Points

As a follow-up to our previous blog topics, including “Environmental Consulting and the Consumer Perspective” and “How Much and How Long Will it Take,” it’s invaluable to understand the pain points of your client, especially if they happen to be a responsible party.  For this week, we’ll look at a few key issues that need to be understood early in the remedial process…aside from a technical strategy or pathway to remediation. Every situation and every client is different, but let’s expose a few common pain points and some simple remedies.

Pain Point # 1:  Cost

Every environmental consultant should understand early in their career that on most occasions, environmental liabilities usually hit your clients’ bottom line, and the lack of an in-depth understanding of the Conceptual Site Model (CSM) for your specific project can lead to delays, and you guessed it…cost overruns.  Clients don’t like to hear that a project is over-budget, but this pain point can be alleviated if project costs and potential outcomes are discussed beforehand.  It’s difficult for a client to hear that project costs could increase 3x; however, they’ll appreciate your candor if this discussion takes place sooner (i.e. at the beginning of a project) rather than later.   One last item:  never surprise your client with last minute costs on an invoice.  Nobody likes surprises!

Pain Point # 2:  Time

While project cost may always be the top item, time or project duration is not too far behind. While certain tasks may only take a few days to complete, others can take significant amounts of time.  The only solution to this pain point is to spend a little extra time during the initial phases of the project, or even while generating a proposal, to prepare a schedule.  It may only be preliminary, but it will serve as a starting point from which you can provide your client with a “realistic” timeframe for when you will complete a task or project.  Similar to pain point # 1, your client will appreciate your professional opinion, even though it may sting for a moment (if not longer).  Word to the wise: If you believe that you can complete something in two (2) weeks…add on an extra week, and then complete the project ahead of schedule.

Pain Point # 3:  Disruption of Operations / “Inconvenience”

Don’t be fooled.  If there are access issues at your project site which require numerous things to be moved around, or re-located, and your client has to devote resources to accommodate your efforts, it’s an inconvenience.  If your client has to inform staff that they can’t use a portion of a parking lot, so you can conduct a subsurface investigation, it’s an inconvenience.  Sometimes this is unavoidable; however, similar to the prior pain points, the easiest solution is to discuss the options with your client in advance.  Are there alternative locations? Is there a specific time that your client would be more amenable to?  Weekends? Sure this may increase costs, but your client may be willing to accept the additional fees. As a consultant it is imperative that the client’s concerns be addressed, and that we work to make their job a little easier by demonstrating flexibility, and a willingness to minimize disruption to their operations.

Stay tuned for future updates and musings from Cardinal Environmental, and we hope that you find these posts informative, and relatively useful.  For furher information, please don't hesitate to contact us at tfrancis@cardinallsrp.com .