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.

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. 

Revival On Bayonne's West Side

After being stalled out for several years due to the 2008 recession, it's nice to see that Baker Residential is ready to re-start its redevelopment of the former Hi-Hat Caterers Club on Bayonne's west side.   The Hi-Hat was a fixture in Bayonne for several decades, and the tenants of the future residential development will be able to enjoy a gem on Bayonne's west side...Richard Rutkowski Park...named after the former owner of the Hi-Hat, and former Mayor of Bayonne.

Is Your Consultant Finding a Solution?

The length of an environmental investigation, review, or remediation will vary.  Nothing surprising there, as each site has its own specific details that will ultimately impact decision making and outcomes; however, how do you assess whether your environmental consultant is actually finding a solution, or merely complicating an otherwise simple situation…or trying to increase their sales numbers?   The easiest answer is determine how long your project is taking.  One (1) month? One (1) year? Ten (10) years?  Like anything, the longer cases or projects drag on (and they sometimes do), the greater the impact on your bottom-line. Again, nothing surprising there, but here are some basic items/questions for consideration:

• Has your consultant outlined the path forward for your project?
• Does your consultant show inconsistencies in their decision-making?
• Are there discrepancies in invoicing?
• Is your consultant readily available to answer questions or….are they generally slow to respond?

Answer these questions early on in the process, and you should be able to gauge the direction of your project…and potentially be able to correct course before disaster strikes.  However, when confronted with a potentially costly remedial effort, the unfortunate truth is that many responsible parties generally feel that they are at the mercy of their consultant and are hesitant to correct deficiencies, or simply ask the difficult questions.  Spin this another way, and ask yourself how you’d like a medical professional to handle your personal situation. The similarities are striking.

Much like we’ve discussed in our earlier posts, getting from Point A to Point B in a remedial project should be discussed early on so that the process is clearly mapped out along with the anticipated costs and contingencies, as nobody likes surprises (unless it’s your birthday…but even that’s debatable). The simplest way to avoid a potential significant (“negative”) impact on your project is to have Specific, Measurable, Attainable, Relevant, and Time-Related objectives.  That’s right folks…SMART goals. Pretty common in the business world, and very relevant in the environmental industry.  By utilizing this basic approach, you should be able to assess whether your consultant is working on your behalf, and finding solutions, or if they are simply making your project their cash cow. 

We hope that you find these posts informative, and relatively useful, and your feedback is always welcome.  For further information regarding environmental remediation and/or environmental business practices, please don't hesitate to contact us.  tfrancis@cardinallsrp.com

Effective Communication-Vapor Intrusion Investigations Vol. V

As a continuation of our Vapor Intrusion Investigation (VII) series, we’ll take a quick look at one of the basic fundamentals for conducting a thorough VII:  effective communication with a homeowner.  Whether you’re collecting exterior soil gas samples, running 24-hour indoor air tests, or completing a building survey/questionnaire with a homeowner, if you cannot properly communicate what you’re doing and why, then you significantly decrease your odds of conducting a successful VII.  You may also never get past the front door! (As always, there is plenty of research, data, and guidance on this topic but the objective of this series is to “simplify” the discussion).  

It is vital to understand your client, who may also be the homeowner and/or occupant of where a VII may be necessary.  Put aside your budget, and that you only have 1-hour for an interview, and actually focus on your client’s concerns, fears, and questions.  Don’t just hear them, but actually listen!  Chances are, they are more confused than you realize, and to build their trust, here are some basic tips:

•  Explain the rationale for the testing…clearly, and minimize the “technical jargon.”
• Answer all questions directly…don’t deviate, or be cryptic. 
• If you don’t know the answer, tell them that, but be sure to tell them that you’ll follow-up with an answer (and make sure you follow-up right away!).
• Ask permission for everything in advance.  This includes inspecting closets, basements, cabinets, and generally anywhere where you suspect potential background contaminants may be present.  No homeowner or occupant wants a nosy stranger going through their house or personal belongings.
• Schedule everything in advance…and be prompt.
• Dress professionally…yes, this makes a difference.
• And most importantly, be polite.  (You’d be surprised how often people forget this one)

As discussed and stressed in our prior posts, this is why hiring that skilled practitioner is a good idea…as they’ll understand the value in spending the extra time communicating with the homeowner / occupant(s) / client, and building their trust.  Taking along younger staff members to observe and assist is also strongly recommended. Barring any contractual or confidentiality issues, always share your analytical results promptly. Once you have earned your client’s trust (and respect), any necessary follow-up activities, which could include mitigation, will be that much easier to discuss and potentially implement.   

We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information regarding the Vapor Intrusion Investigation process, please don't hesitate to contact us. tfrancis@cardinallsrp.com     

National Radon Action Month: Don't Forget Your Well Water!

The U.S. Environmental Protection Agency (EPA) has designated January as “National Radon Action Month,” and the Centers for Disease Control (CDC) has indicated that radon is the second leading cause of lung cancer in the U.S. The natural decay of uranium causes radioactive particles to be produced, resulting in a colorless, tasteless gas.  Out of sight, and out of mind?  Not exactly… especially after several years of exposure. Not everyone will get lung cancer, but why take the risk? Test kits are readily available, easy to use, and analysis costs are low (generally <$100). Mitigation is also relatively affordable. However, don’t overlook radon in ground water!   

The CDC has indicated that in areas with high radon levels in groundwater your private well may be affected, and simple, everyday tasks (e.g. showering, washing dishes, etc.) can release radon gas. Testing is affordable, and the long-term benefits significantly outweigh mitigation costs (if needed).  Common mitigation techniques include aeration, or filtering water through Granular Activated Carbon (GAC) at the Point-of-Entry.  Pretty simple.

Testing for radon gas is relatively easy and can be completed by the homeowner, but hiring a certified laboratory to collect a groundwater (well-water) sample is advisable, along with contracting a reputable mitigation specialist. Re-test annually and/or after any changes occur in the residence (e.g. installation of a sump pit, French drain, etc.)… And don’t forget to conduct proper maintenance on any mitigation systems! 

We hope that you find Cardinal Environmental Consulting's (NJ) posts informative, and relatively useful, and your feedback is always welcome. For further information regarding radon testing and/or mitigation, please don't hesitate to contact us. tfrancis@cardinallsrp.com     

LSRPs & Professional Judgment

There are over 600 Licensed Site Remediation Professionals (LSRPs) in New Jersey, and expect the professional judgment of each to cover the whole gamut of environmental (remediation) interpretations and/or recommendations.  The New Jersey Department of Environmental Protection (NJDEP) recognized this several years ago; however, numerous technical guidance documents are available to site practitioners that, when used in conjunction with regulatory requirements, should allow LSRPs to use their professional judgment and close remedial cases quicker than has been done in the past.  To date, the process has been relatively successful and will only continue to improve in the future, but be wary of the varying degrees of professional judgment by LSRPs.  As with any profession, experience affects judgment, so don't hesitate to properly vet an LSRP before retaining them.  Understanding their level of professional competency and comfort levels with rendering specific environmental decisions will ultimately impact the success (or failure) of a project.

For further information regarding the LSRP program, or how we can help you navigate through the NJDEP regulatory process, please don't hesitate to contact us.  tfrancis@cardinallsrp.com

Thomas Francis, LSRP, LEED AP+

Welcome to Cardinal Environmental Consulting, LLC

Cardinal Environmental Consulting would like to thank you for visiting our blog, and hope that you find the information provided is useful.  We will continue to provide periodic updates in the environmental consulting industry because, as a small business, our goal is to help our partners* navigate through the myriad of rules and guidance documents established by regulators (and other stakeholders), to ultimately close cases.  For us at Cardinal, our partners mean our clients, other consultants, our vendors, and really any other individual or group that is dedicated to the protection of public health, safety, and the environment.

The rules are constantly changing, but sharing our insight and experiences (good or bad) with others allows all of us to make better, informed decisions and ultimately raise the standard of professionalism (and quality) in this industry.

Stay tuned!