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. 

Field Investigation Tips Volume IV: Mud

As a continuation of our discussion on Field Investigation Tips, let’s take a look at what’s just around the corner and how to prepare for it: Mud.  Much like our previous topics (Field Investigation Tips Vol. I: Working in the Rain, and Vol. III: Extreme Cold), there are inherent difficulties when working in or around mud, but there are always solutions… you just need to be creative & resourceful. So, in the spirit of keeping things relatively simple, listed below are a few tips (in no particular order) that could be used by environmental practitioners that need to work in the slop.  As always, safety is paramount!  

 ·       Tip #1: Plan ahead! Will the conditions impact the project and/or results? Should you postpone? 

·       Tip #2: Is your Health & Safety Plan (HASP) up to date?  Heed “basic” safety issues including slips / trips / falls; make sure you have that tailgate safety meeting before commencing work; don’t rush.

·       Tip #3: Expect your backhoe, excavator, Geoprobe®, or drill rig to make a real mess.  Talk to your subcontractor about matting down ahead of time…especially for your residential projects!

·       Tip #4: Choose a “dry area” to set-up a work station…if possible.  And keep supplies clean and off the ground (e.g. sample jars, field books, PIDs, etc.).

·       Tip #5: Try to channel water away from the area you need to investigate.  This could be as easy as getting a shovel out, or setting up a temporary berm.  It’s worth the effort.  

And finally….

·       Tip #6: When working in tidal flats, or areas of deep mud, invest in Mudders®.  I haven’t worked in those conditions in several years, but those things are fantastic and worth the investment!  See mudderboot.com for details. 

Stay tuned for future Field Investigation Tips in the upcoming weeks…as there are plenty of lessons to be learned and shared, which could ultimately make our jobs easier and safer! We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information please don't hesitate to contact us at tfrancis@cardinallsrp.com, or www.cardinalLSRP.com.

Field Investigation Tips Volume III: Extreme Cold

As the temperature dips into the frigid range on the east coast, and as a continuation of our discussion on Field Investigation Tips, we’ll take a quick look at another salient concern when working in the elements: extreme cold.  Much like our previous topics (Field Investigation Tips Vol. 1: Working in the Rain, and Vol. II: Subsurface Utilities), there are inherent difficulties when required to work in frigid temperatures. My personal cut-off is about 20°F, just based on experience. At that point things start to get interesting and/or more challenging.  So, in the spirit of keeping things relatively simple, listed below are some key tips (in no particular order) that could be used by environmental practitioners working outside this time of year.  As always, safety is paramount!  

Cold Weather Tips:

·  Tip #1: Plan ahead! Can the work be postponed? Plan to have this conversation early on.

·  Tip #2: Is your Health & Safety Plan (HASP) up to date?  Heed “basic” safety issues including slips / trips / falls; make sure you have that tailgate safety meeting before commencing work; don’t rush.

·   Tip #3: Layer up! Also invest in some good coveralls, wool socks, good gloves, under-armor, etc.

·  Tip #4: Purchase hand and foot warmers.  This is an inexpensive option, and effective.  Stuff ‘em in your boots and pockets. (note: make sure they’re not outdated or 3 yrs old!).

·   Tip #5: Take safety breaks to warm up in a car, shed, etc.  BUT…keep the heat relatively low as going back and forth from hot to cold is a bad idea!

·   Tip #6: Know the signs of hypothermia and cold stress… and look out for your fellow colleagues and subcontractors working alongside you.

· Tip #7: PIDs & other meters (e.g. DataRams) may not be rated for frigid temperatures, so be sure to check with your supplier in advance.  

· Tip #8: When conducting monitoring well sampling, expect your tubing to freeze, along with an array of other things malfunctioning or freezing…including pumps.   

· Tip #9: Expect your backhoe, excavator, Geoprobe®, or drill rig to have some difficulty in the upper three (3) feet as they need to get through the frost layer.

·  Tip #10: Drink plenty of water!! Cold weather increases your risk of dehydration.

Stay tuned for future Field Investigation Tips in the upcoming weeks…as there are plenty of lessons to be learned and shared, which could ultimately make our jobs easier and safer! We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information please don't hesitate to contact us. tfrancis@cardinallsrp.com , www.cardinalLSRP.com 

Field Investigation Tips Volume II: Subsurface Utilities

As a continuation of our discussion on Field Investigation Tips, we’ll take a quick look at another (incredibly important) concern when conducting a (subsurface) field investigation: buried utilities.  Much like our previous topic (Field Investigation Tips Vol. 1: Working in the Rain), there are inherent difficulties when required to work in “congested” areas where you see mark-out paint all over your investigation area.  But don’t be fooled…buried utilities have a sneaky way of turning up in less obvious areas too. So, in the spirit of keeping things relatively simple, listed below are some key tips (some obvious / some less obvious) that could be used by most practitioners (environmental, geologic, engineering, etc.) to hopefully help avoid common pitfalls when installing borings, wells, test pits, etc.  As always, Safety is paramount for any subsurface investigation.

 Obvious Tips:

·   Tip #1: Get a utility mark-out.  It’s the law in most states.  Don’t rush in.  

·  Tip #2: Hire a private utility mark-out service.  This is an “easy” solution for private properties and highly recommended where you anticipate having subsurface obstructions and/or utilities. GPR services are often worth the extra expense.

·   Tip #3: Schedule to have your locations pre-cleared to a specified depth using a “soft-dig” approach.  Some clients and facilities (e.g. refineries) may require this already, so use this option if warranted.

·   Tip #4: Be prepared to ask your client, site operators, or any other individual if they have specific knowledge of buried utilities, and/or if they have as-builts or other site figures they could supply.  Also have them physically point out where the utility conflicts may be, prior to commencing work.  

·  Tip #5: Make sure your firm is under contract before conducting any intrusive work, and the contract language addresses subsurface utilities.  Also…make sure you’re insured. Really. Get insurance.

·   Tip #6: Maintain a safe distance from all utility mark-outs…generally this means >3ft.  

Less-Obvious Tips:

·  Tip #1: Utility mark-outs may fade or get washed away.  If warranted, be prepared to postpone a project until a new mark-out can be completed.  Also get a new mark-out if your ticket has expired!

·  Tip #2: Be wary of pipe bedding or other common backfill materials when advancing a test pit, borehole, etc.  If encountered, chances are you may on top of, or near, a subsurface utility.  Be prepared to off-set if your location if needed. 

·  Tip #3: After obtaining utility clearance (and not opting to soft dig), pay attention to your drill or geoprobe rig (or excavator) as it approaches the infamous 4ft depth.  This is a common depth where utilities may be located, as it’s generally below the frost line in the Eastern U.S. If the equipment is having difficulty advancing, shaking, or lifting, and boulders, concrete, deleterious material (for example) were not expected, take time to re-evaluate your location…don’t force it. You may be on a utility.  

·   Tip #4: Don’t solely rely on old plans.  They have a tendency of being wrong.   

·  Tip #5: Trust your gut!  If you think something is off, whether it’s a mark-out or plan specifications, don’t hesitate to stop work and get the answers you need and “re-assurances” before commencing work.  People’s lives could be at risk, so avoid making hasty decisions, and don’t let a project schedule or budget dictate your level of safety.  

Stay tuned for future Field Investigation Tips in the upcoming weeks…as there are plenty of lessons to be learned and shared, which could ultimately make our jobs easier and safer! We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information please don't hesitate to contact us at tfrancis@cardinallsrp.com  or www.cardinalLSRP.com

Field Investigation Tips Volume I: Working in the Rain

After getting dumped on with roughly 24” of snow on the East coast, and now a forecast for heavy rains, it’s time to reflect back on prior experiences and the inherent difficulties when required to work in the elements…especially the rain.   For this new series, we’ll present some key tips (some obvious / some less obvious) that could be used by most practitioners (environmental, geologic, engineering, etc.) to hopefully help avoid common pitfalls when working in the field:

 Obvious Tips:

• Tip#1: Attempt to re-schedule the project.  Make the call. 

• Tip#2: Invest in good foul-weather gear. This is a no-brainer, but you’d be surprised how many folks skimp out on this “easy” solution.

• Tip#3: Apply mink oil to waterproof your work boots. Takes about 5 minutes, and should keep your feet dry all day. Re-apply as needed.

• Tip#4: PIDs & other meters may not be rated for and/or survive inclement weather.  Be prepared to go without them, or postpone your project if they are mission-critical.

• Tip#5: Heed “basic” safety issues including slips / trips / falls; heavy machinery concerns, etc.

Less-Obvious Tips:

• Tip#1: Utility mark-outs may fade or get washed away.  If warranted, be prepared to postpone a project until a new mark-out can be completed.  Safety should be paramount.

• Tip#2: Be wary of false groundwater observations / measurements.  Rain water / surface water cascading down the side of a test pit or down a borehole should be accounted for.

• Tip#3: Find a way to keep your notes “dry” beforehand.  Nothing is more frustrating than wet paper getting ripped, illegible writing, etc., so be creative.  Waterproof pens & paper? Work under a cover? Identify your options early, and be resourceful. 

• Tip#4: Barring thunderstorms or lightning, commit to putting in a full day’s work if you elect to work in the rain.  Don’t pull the plug early and then have to re-mobilize to finish up.  Your budget will thank you later.

• Tip#5: Don’t be the person that hides in a shed or vehicle, while others are getting wet.  Get your hands dirty (or wet) and pitch in to get the job done a little quicker. This may mean assisting your colleagues, drillers, or machine operators.  The extra effort will be appreciated, and if you can’t help out in the field…make a coffee run! 

Stay tuned for future discussions on this topic in the upcoming weeks…as there are plenty of lessons to be learned out there, which could ultimately make our jobs easier!   

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

N.J.A.C. 7:26I- SRPLB Rule Adoption Review- Volume II: OPRA Requests

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 second part of this 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, OPRA requests and LSRP's "records" are reviewed: 

General Comments: 

9. COMMENT: The commenter expresses concern with how the public will access the data and records an LSRP holds related to ongoing remediation, and whether such data and records are subject to the Open Public Records Act, as well as when an LSRP should release such data and records. Of particular concern to the commenter is how data and records can be accessed when conducting due diligence in property transactions, for example, pursuant to the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," ASTM E1527-13, which provides guidance for compliance with the U.S. Environmental Protection Agency's "all appropriate inquiry" rule. (7)

RESPONSE: An LSRP's data and records are not "public records" as defined in the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq. As a result, an LSRP has no obligation under OPRA to provide the public with access to his or her records. An OPRA request for such records is available after the LSRP has submitted them to the Department along with a response action outcome. Until that time, the person interested in such records will have to contact either the LSRP or the person responsible for conducting the remediation to gain access to those records.

What does that really mean?  To simplify the matter...only documents that are submitted by the LSRP to the NJDEP (e.g. Preliminary Assessment Reports, Remedial Action Reports, etc.) are public documents that can be obtained through an Open Public Records Act (OPRA) request.  Although this is a fair response, the difficulties will be realized when an Environmental Professional (EP) conducting a Phase I ESA attempts to obtain information from an on-going or incomplete investigation, where reports were not yet submitted to the NJDEP.  It is estimated that an EP may attempt to obtain the information from the LSRP or Responsible Party but the likelihood of that information being shared would potentially be low and/or difficult to obtain. Most RP's are concerned about the unwarranted or unauthorized dissemination of confidential information, so their reluctance is understandable.  Conversely, the opposite could be true for certain property transactions where a seller may disclose all information to a potential buyer (and EP) prior to closing a sale and/or submitting reports to the NJDEP. 

That's the easy explanation as to what one could expect.  It's a little more complicated though when conducting due diligence and you are unable to obtain what may be identified as critical information.  Using current ASTM standards, this could be classified as a significant data gap and your Phase I ESA report could still be issued; however, in New Jersey, when conducting a Preliminary Assessment, this lack of information could be vital...and costly if the issuance of the report is delayed. The costs would continue to increase (significantly) if an investigation would need to be completely re-done due to the Site's report(s) not being public records, and an RP's unwillingness to provide them. 

Fortunately, most consultants and RP's generally are willing to share some information, provided certain contractual arrangements are agreed to (in advance)...but there will be those that won't budge or simply cannot be located (creating another roadblock).  Hopefully, those situations are few and far between, but be prepared for a little resistance should they arise.

Stay tuned for future posts as we’ll dissect and try to simplify more items on these 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 the LSRP program, environmental investigations and/or environmental business practices, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

How Much and How Long Will it Take: Volume III-Phase II ESA’s

As a continuation of our discussion on Phase I Environmental Site Assessments (Phase 1’s), we’ll take a brief look at the next step, or Phase II Environmental Site Assessments (Phase II’s).  As always, there is plenty of research, data, and guidance on this topic but the objective of this series is to simplify the discussion, and provide some essential recommendations).  

Phase I’s are often the due diligence starting point for a broad range of properties both inside and outside of New Jersey and are generally conducted to o enable a party to satisfy one the CERCLA landowner liability protections.  Phase I’s also follow a more standardized approach, and essentially mean the same to property owners, insurers, lenders, etc.; however, the same cannot be said for Phase II’s.  When initially established in 1997, the ASTM standard (E1903-97) linked “follow-up” investigations to a Phase I.  Over time, and through numerous discussions & iterations, a new ASTM standard was established for Phase II’s (E1903-11) which allowed practitioners and users to “tailor” the approach to their specific goals and objectives.  

As any practitioner can attest to, it is rare that any two (2) sites are alike and standardizing an approach was neither practical, or in most cases, cost-effective, but what about differences in professional judgment? We looked at this topic in a previous post “LSRPs & Professional Judgment,” and there are similarities when conducting Phase II’s, as the variable nature in professional judgment will dictate how much will it cost and how long a Phase II will it take.  Prior to starting any Phase II, the key points / questions to consider include:  

·       Who is the “User” and what is their risk tolerance? 

·       What are the goals and objectives of your client (“User”)?

·    What prior site information is available (e.g. Phase I ESA) and what is its quality? (Note: relying on a poorly            conducted Phase I by another consultant / investigator is never recommended!)

Any practitioner can look at a recent Phase I (and the twenty [20] or so Recognized Environmental Conditions [RECs] that may have been identified) and recommend a subsurface investigation including soil borings and sampling, or groundwater sampling.  Seasoned professionals will answer the above questions first, and through mutual agreement with the User, define an appropriate scope of work, and on many occasions reduce the cost and duration of a Phase II investigation. Those individuals or corporations that are more risk-averse may want all the bells and whistles, which is fine, as that generally correlates with an increased level of confidence for any given site, but it’s not always necessary.  Many Users are willing to accept manageable liabilities or risks, but unwilling to accept others (e.g. PCB or Chlorinated Solvent contamination).  As a result, it is imperative for the investigator to understand this in advance of conducting a Phase II investigation.

These limited scope investigations that only take between 1-day and 1-week can be quite beneficial to the User, provided they meet the objectives of the Phase II and the results obtained are usable and/or consistent with expectations.  Conversely, an unfocused (and poorly conducted) investigation that investigates every REC, takes over 4 weeks, and costs upwards of $50,00, may not provide the information that your client (or User) was looking to obtain…which gets you back to the topic of “quality over quantity,” and stresses the importance of effective communication.   

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