HomeMy WebLinkAbout2009-10-14 09-317 ORDERCOUNCIL ACTION
Item No. 0 9 0317
Date: 10-14-2009
Item/Subject: Order, Authorizing Application for and Acceptance of a Brownfields
Assessment Grant.
Responsible Department: Executive
Commentary:
We have been approached by the Maine Department of Environmental Protection and the
Eastern Maine Development Corporation to participate in a joint application to the United States
Environmental Protection Agency for a Brownfields Assessment Grant. If successful, the grant
would be used to inventory and assess Brownfield sites in the six counties served by EMDC and
in the City of Bangor. The City's share of the grant would be $400,000, with another $400,000
for EMDC and $200,000 for Maine DEP. No local match is required. The project would involve
identifying potentially contaminated sites in the City and prioritizing those that would undergo
assessment, potentially including Phase I and Phase II assessments and the development of a
remediation plan. The funds would not, however, fund actual remediation.
The sites involved could be either publicly or privately owned, and participation is voluntary.
The primary advantage of participating is meeting what has become a standard requirement for
environmental assessments of previously developed properties prior to their sale. Owners
would receive the benefit of the assessments at no cost, thus avoiding significant expenses for
their completion. Additional information on this program is attached.
This has been reviewed and is recommended by the Infrastructure Committee.
Department Head
Manager's Comments:
Associated Information: Letter from Todd Coffin; DEP Issue Profile; Site Investigation
Matters brochure.
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Page _of_,
City Manager
Finance Director
City Solicitor
Q9 317
October 14, 2009
Assigned to Councilor Blanchette
CITY OF BANGOR
(TrTLE.) Order,, Authorizing Application for and Acceptance of a Brownfields Assessment
Grant.
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
The City Manager is hereby authorized to apply for and accept a Brownfields Assessment Grant from
the United Stated Department of Environmental Protection in cooperation with Eastern Maine
Development Corporation and the Maine Department of Environmental Protection, said grant in the
amount of $400,000.
IN CITY COUNCIL
October 14, 2009
Authorizing Application for and
Acceptance of a Brownfields
Assessment Grant
Motin Made and Seconded for Passage
Passed
CITY CLERK / (�
�C
# 09-317
ORDER
(TITLE,) Authorizing Application for
and Acceptance of a Brownfields Assessment
Grant
Assigned to Councilor
Geotechnical
OCT 5 2009
CITY MANAGER'S OFFICE
Environmental and October 2, 2009
Water Resources
Engineering
Mr. Edward A. Barrett
City Manager
73 Harlow Street
Bangor, Maine 04401
Re: Brownfields Coalition Grant Application
Dear Mr. Barrett:
'9 317
GElConsultants
On behalf of the Maine Department of Environmental Protection (Maine DEP) and the
Eastern Maine Development Corporation (EMDC), we would like to formally invite the
City of Bangor to join a coalition for applying to the United States Environmental
Protection Agency (EPA) for a Brownfields assessment grant. The coalition of Maine DEP,
EMDC, and the City of Bangor would be eligible for a grant award of $1,000,000.
As we discussed last week, EPA funds Brownfields assessment and remediation grants to
promote redevelopment of Brownfields sites. Brownfields sites can be any property whose
redevelopment, reuse, or expansion is complicated by the presence, or potential presence of
pollutants. Examples of such sites include former factories, gasoline service stations,
maintenance garages, dry cleaners, oil terminals, and rail yards.
Numerous municipalities, governmental agencies, and other non-profit organizations in
Maine have successfully used EPA Brownfields funds for redevelopment projects. The
attached list identifies the organizations in Maine that were awarded funds in May 2009.
Assessment and remediation of the Eastern Fine Paper site in Brewer was also funded under
the EPA Brownfields program.
If successful, the Brownfields funds awarded to the coalition would be used for inventory
and assessment of Brownfields sites in the six counties served by EMDC and the City of
Bangor. The funds would be allocated as follows:
• $200,000 — Maine DEP
• $400,000 — EMDC
• $400,000 — City of Bangor
The City of Bangor would have the flexibility to use all or some of the allocated funds to
conduct an inventory of known or suspected Brownfields sites in the City, and to conduct
environmental assessments of properties owned by the City or other entities. The unique
aspect of the grant funding is that the City does not have to own the property for an
environmental assessment to be completed.
www.geiconsultants.com
GE)`onsultants, Inc.
74 Gray Road, Falmouth, Maine 04105
207.797.8901 fax: 207.797.4704
Mr. Edward A. Barrett -2- October 2, 2009
This is a voluntary program; and scores of property owners across the state have benefited
from Brownfields assessment funding. The benefits of completing environmental
assessments include, among many others:
• Phase I Site assessments are often required as part of routine property financing by
lenders, and the grant would allow completion of assessment at no cost to the
property owner.
• The grant could provide assessment and remedial planning funds of up to $200,000
per site, a substantial sum considering many Phase I and Phase II assessments
(combined) are completed for under $25,000.
• An assessment may result in documentation that a property has not been impacted
by pollutants, thereby improving the likelihood of future sale and/or development.
• Environmental assessments can document the nature and extent of environmental
concerns that may be present, and what practical measures can be taken to mitigate
such concerns.
• Environmental assessments can provide site information that can lead to liability
protection for site owners under Maine DEP's Voluntary Response Action Program
(VRAP).
• Assessments can provide important environmental data prior to any property
acquisition contemplated by the City.
Grant funding can be used over a three-year period, allowing time to make practical,
informed decisions that benefit the City. Risk can be minimized by selecting sites with
reasonably well documented historical activities and located in areas with low
environmental sensitivity (such as many commercially- or industrially -zoned areas).
The EPA grant application deadline is October 16, 2009. GEI Consultants, Inc. will be
assisting the coalition in the preparation of the grant application. The application would be
completed at no outside cost to the City.
We sincerely hope you elect to participate in the coalition. A successful grant award would
provide valuable funding to help jumpstart future redevelopment initiatives in your City.
Sincerely,
GEI CONSULTANTS, INC.
D. Todd Coffin, C.G.
Senior Project Manager
DTC/bdp
Attachment
Y:\MARKETING\PROPOSALS\City of Bangor 100109.docx
09 31.7
FYO9 Brownfields Grants
Regular Competition Funds
Region 1
Applicant Name
Type of
Site Name
Approved
Grant
Total Funding
Bridgeport Housing Authority, CT
v Cleanup
Park City Apartments/Garden Street Lot
$200,000
Bridgeport, CT
RLF
Community -wide
$1,000,000
Middletown, CT
Assessment
Community -wide
$400,000
Naugatuck, CT
Assessment
Community -wide Hazardous Substances
$200,000
New London, CT
Assessment
Community -wide Hazardous Substances
$200,000
Torrington, CT
RLF
Community -wide Hazardous Substances
$1,000,000
Waterbury Development Corporation, CT
Assessment
Community -wide
$400,000
Cleanup
16 Cherry Avenue
$200,000
Cleanup
167 Maple Street
$200,000
y
Vie•. M' ✓ s.y:^. .�,`�� �,R}.tiy Y ��`C°C .��; •" "J, 'd"y`� k, .q %1;.4" b: ; n^X; :jYW� {^y'Z,Y,'k� .c'�
ry^�.t: �•Fw S�CId Y.Sr�Yw
.� J�
t�'T � ^.::a:'C�.:„'� v�.:a�����n a» .£'j..'.' Y.
_ ,F
.. .. m.xu a.,. ....ss ...
.
Augusta, ME
Assessment
American Tissue Mill site
$350,000
Lewiston, ME
Assessment
Community -wide Hazardous Substances
$200,000
Museum L-A, Lewiston, ME
Cleanup
Camden Yarns Mill Building
$200,000
Northern Maine Development Commission
RLF
Community -wide
$1,000,000
Orono, ME
Cleanup
Webster Mill
$200,000
Passamaquoddy Tribe at Pleasant Point, ME
Assessment
Community -wide Hazardous Substances
$200,000
Piscataquis County Economic Development Council,
Assessment
Community -wide Hazardous Substances
$200,000
ME
Sanford, ME
Assessment
Community -wide Hazardous Substances
$200,000
Cleanup
Aerofab site
$200,000
Southern Maine Regional Planning Commission
RLF
Community -wide Hazardous Substances
$1,000,000
Washington County Council of Governments, ME
Assessment
Community -wide
$400,000
Windham, ME
Assessment
Community -wide Hazardous Substances
$200,000
ri .yi :-.f'..i'S.F;:T;.:.... :tri:: :-'�:n � `$•:T..� •. .L.. &
s`'z-'4 '
*�” :�4. S'.8' .: 5. } .rv..a^.q 5.�i.. .t 1v;;•a�.lu k^ ...9:q`.yy'uJ�'i!r :,ri-w'$,; 4':u. •.m: �Y C+:'vi:}':v, s` b�, 9.. ''y;°.. i@^''
g rt 6/y �1.... �)riX,. nit* i.vY'<�,yn�ji,'M'�•'. - }Y rE"�
{. *� ate,
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�;r.!£.Nk�w"w4:�2..w:=:.Firr.,.cJ�'L.:.�W!i,.:.Z.; +52y�`�'t;:<4c'i�;,
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Central Massachusetts Regional Planning
Assessment
Community -wide
$400,000
Commission
Housing Support, Inc., Haverhill, MA
Cleanup
Former Hooker -Howe Costume Company site
$200,000
Lowell, MA
Assessment
Community -wide Hazardous Substances
$200,000
Assessment
Community -wide Petroleum
$200,000
Massachusetts Department of Environmental
Assessment
Assessment Coalition
$1,000,000
Protection
Merrimack Valley Planning Commission, MA
RLF
Community -wide Hazardous Substances
$1,000,000
Metropolitan Area Planning Council, Metropolitan
Assessment
Assessment Coalition
$1,000,000
'Boston, MA
May 2009 FY09 Page 1
FY09 Brownfields Grants
The American Recovery and Reinvestment Act of 2009
Region 1
Applicant Name Type of Site Name Approved
Grant Total Funding
- „u• �ws.a .,� .;c�;re«' %`:::`�:.m:. ^� s - - "'s:z? j::'.:,}�:_r :�'''.,`:':., ;:c,,,, .- ... ,. _, : J..,.. _5' •-r< . azr
� 't � �a r . £�" •�' .y., afir>.,r k...,'ez:';;'r�E...'.<'' 4.�-z�.`t;g"�.:.�� � � : ;, �i i :;
'.�-:;i' " ... �.�. w�v... a � - ':•k.'. „ ,_ �•. >.�:'z"''zt �' �,`�."a .. ..< a��3?,^�..:��.� ,<"^f;3�?!?;�;�.� � ? w.r,�� ?'� �`�,lv `". ��,>s�� '§�a� a'zias�a^..s-`..+:
Bristol, CT Cleanup Former H.J. Mills Property, Assessors Map 30 $200,000 u
Lot 49-50
Cleanup Former H.J. Mills Property, Assessor's Map 30 $145,033
Lots 61-1A and 61-2
Capitol Region Council of Governments, Metropolitan Assessment Community -wide $400,000
Hartford Region, CT
Meriden, CT
Assessment
Assessment Community -wide Hazardous Substances
$200,000
-;L
a.'4R'a.5'
.3!+�,x�-aRIM
Former Mountain Road Firing Range
$200,Ob0
Bath,
Bath, ME
Community -wide
Assessment Community -wide Petroleum
$200,000
Greater Portland Council of Governments, Assessment Community -wide $400,000
Cumberland County, ME
Howland, ME Cleanup
Cleanup
Cleanup
Old Howland Tannery -Lot 37
Old Howland Tannery -Lot 75
Old Howland Tannery -Lot 76
$200,000
$200,000
$200,000
Maine Department of Environmental Protection Assessment Community -wide $400,000
Sanford, ME Cleanup Sanford Mill $200,000
s
a �filus -.r.
etfis: _�
Berkshire Regional Planning Commission, Berkshire Assessment Assessment Coalition $895,000
County, MA
Framingham, MA Assessment Community -wide Petroleum $200,000
Franklin Regional Council of Governments, Franklin
County, MA
Assessment
Community -wide Hazardous Substances
$200,000
Holyoke, MA
Cleanup
Former Mountain Road Firing Range
$200,Ob0
Merrimack Valley Planning Commission, MA
Assessment
Community -wide
$400,000
Montachusett Regional Planning Commission, North
Central Massachusetts
Assessment
Community -wide Hazardous Substances
$200,000
New Bedford, MA
Assessment
Community -wide Hazardous Substances
$200,000
North Brookfield, MA
Cleanup
14 South Common Street site
$200,000
Worcester, MA
Assessment
Community -wide Petroleum
$200,000
M
r'.
Rockingham Planning Commission, Southeast New
Assessment
Community -wide
$400,000
Hampshire
-
Rhode Island Department of Environmental
Assessment
Assessment Coalition
$1,000,000
Management
Woonsocket, RI Cleanup Former Lafayette Worsted Company Office $200,000
Buildings
May 2009 FY09 Page 1
09 317"
ti� ��VIRQNIHE � .
F s`� yl9 DEP ISSUE PROFILE
�. Voluntary Response Action Program
wri
revised: July 2009 Contact: (207)-287-4854
OF
Background
In June 1993, the Maine Legislature passed P.L. 1993, Chapter 355, which established a technical
assistance and Voluntary Response Action Program ("VRAP'� within the Department of
Environmental Protection. This program, administered by the Bureau of Remediation & Waste
Management, allows any party (e.g., lender, fiduciary, owner, operator, buyer, etc.) to submit
environmental site assessments ("ESAs') and voluntary response plans to the Department for
review.
If the ESA reports do not indicate that contaminants have been discharged at the site ("site" or
"property'l, or that such discharges resulted in "de minimis" levels of contamination and do not
represent a threat to public health or the environment, the party may request technical review of
the reports, including a "No Further Action Assurance" letter, indicating that no remedial actions are
necessary at the site.
Alternatively, if there have been releases of contaminants (e.g., hazardous substances, petroleum
products, special wastes, hazardous wastes, or similar types of materials) at the site requiring some
level of remediation to protect public health and the environment, a remedial plan may be
submitted for approval by the Department. When the plan has been implemented satisfactorily, the
Department will issue a "Certificate of Completion" and a liability release to the applying party
regarding all known and identified releases at the subject site.
What is a voluntary response action plan?
A voluntary response action plan is a scope of work for remedial measures at a property. The plan
is developed by a VRAP applicant's environmental consultant after the ESAs have been completed
and the nature and extent of the contamination has been characterized. This plan must be
approved by DEP. The plan could provide for remediation of all known contamination at the site, or
it could provide for partial cleanup of such contamination.
What properties qualify for VRAP?
Any property, including those involved in a real estate transaction (acquisition, refinancing,
foreclosure, etc.), that has potential or documented contamination of surface or subsurface soils
and/or groundwater as a result of discharges of contaminants, is potentially eligible for the program.
While the law does not specifically preclude any type of site from eligibility, properties operating
pursuant to a license issued by a specific program within the Department, or those that may fall
under the jurisdiction of another program (e.g., RCRA, Superfund, etc.), may not be eligible for
participation in VRAP. When an application is received, the Department will determine a site's
eligibility for VRAP.
What are the fees?
The Department is authorized to manage the VRAP on a "fee-for-service" basis to recover its costs
for providing technical assistance. An initial, non-refundable application fee of $500 will be charged.
The Voluntary Response Action Program -2
09 317
After an application is accepted, the Department will assess an hourly charge not to exceed $50 per
hour per person for any review/oversight services. The Department will submit a billing statement
to the applicant for the Department's costs of providing technical assistance and the applicant would
be required to reimburse such expenses. Bills will be sent when all actions at the site are complete
or, for longer term projects, on a quarterly basis, provided at least 10 hours have been charged
since the previous billing. All checks for VRAP should be made out to "Treasurer, State of Maine".
Failure to reimburse the state for costs associated with providing technical assistance at a VRAP site
may result in the implementation of more aggressive cost recovery procedures by the Department.
If the VRAP concurs with a remedial plan, what happens?
The Department issues a "No Action Assurance" letter stating that if the plan is properly
implemented, the Department will assure the applicant(s) that no enforcement action will be taken.
Following receipt of a final report documenting the satisfactory completion of all response actions
required in the plan, the VRAP will issue a "Certificate of Completion" acknowledging that the
applicant has satisfactorily completed the response action. The "Certificate of Completion" includes
the applicable liability release provisions for either a complete or partial cleanup. The "Certificate of
Completion" generally applies to applicant(s) to VRAP, the successors and assigns of the
applicant(s), lenders, fiduciaries, and parties providing financing to the applicant(s). The
applicant(s) may or may not be the party responsible for completing the work.
What if a partial cleanup is completed?
The law provides for partial cleanup of the known contamination at a property. However, releases
of liability only apply to known contamination that is remediated to the satisfaction of the
Department. An otherwise responsible party (i.e., the current owner/operator of the property)
undertakes only a partial cleanup does not receive liability. p p rtY) who
protection.
An example of a "partial cleanup" is a situation where both soils and groundwater on a prope
contaminated, but the a y proposing g p p rty are
party is on(to remediate the contaminated soils. In this instance,
the Department would require a land use restriction (e.g., a Declaration of Restrictive Covenant
pursuant to 38 M.R.S.A. § 3001 et seq.) be placed on the property to ensure that public health and
the environment are protected.
Will the VRAP review environmental site assessments if the results do not indicate a
need for remediation?
If requested, the VRAP will review ESAs reports at properties that may not require any cleanup. If,
in the opinion of the environmental consultant, the results of ESAs at a property do not indicate a
need for any further work, parties may request the VRAP review such reports and render an opinion.
If the VRAP concurs with the environmental consultant's recommendations for no action, a "No
Further Action Assurance" letter would be issued to the VRAP applicant(s). Such a request for
review must be accompanied by a VRAP application, the non-refundable $500 fee, and applicable
ESA reports.
What happens if the VRAP is approved by the Department and work is started, but the
parties do not complete all the remedial work?
This is a voluntary program and applicants are not required to complete remedial actions. Howev
if parties choose to stop remedial work, the Department could identify responsier,
ble parties and
exercise all its legal rights to compel cleanup. No liability releases would be issued under such
circumstances, and the VRAP applicant(s) would forfeit any fees paid to the program.
Does the release from liability absolve the applicant from all liability at a property?
09 317
The Voluntary Response Action Program -3
No. The release from liability only applies to the satisfactory remediation of all known contamination
at the property at the time the "Certificate of Completion" is issued, and it only includes relevant
provisions of state law; there is no liability protection granted for applicable federal laws. In
addition, the VRAP does not protect the applicant from third party actions. The applicant is still
responsible for unknown or unidentified contamination, as well as any discharges that occur after
the issuance of a "No Further Action Assurance" letter or "Certificate of Completion". Obviously, it is
important for the applicant's environmental consultant to fully characterize the property and identify
all existing contamination as part of the VRAP submission.
If the owner/operator who caused the contamination is not the applicant, will the
owner/operator receive liability protection?
No. Only the party(s) applying for inclusion of the property in the VRAP will receive the liability
protection (along with the successors/assigns, lenders, fiduciaries and financiers). Current
owners/operators can receive liability protection only if all known releases at the property are
removed and/or remediated.
Does the Uniform Environmental Covenants Act (UECA) apply to VRAP sites?
Yes. Any final VRAP certification that relies on institutional and/or engineering controls as part of
the remedy will require the applicant to record a Declaration of Environmental Covenant
("Declaration") pursuant to the Uniform Environmental Covenants Act, 38 M.R.S.A. § 3001 et seq.,
with the appropriate registry of deeds The Declaration must be approved by the VRAP before being
finalized. The preferred template for UECAs completed for VRAP may be found at
http://www.maine.qov/deD/rwm/vraD/uceateMDlate.doc
Where can I find the VRAP law?
The Department's technical assistance requirements are established in 38 M.R.S.A. § 342 (15). The
VRAP is described in 38 M.R.S.A. § 343-E. Reporting and disclosure requirements are found,in 38
M.R.S.A. § 343-F. These statutes may also be found online at
http://www.maine]eQislature.org/legis/statutes/38/title38sec342.htmi ,
http://www.maineleciislature.ora/legis/statutes/38/title38sec343-E.html , and
http://www.mainelegislature.orQ/legis/statutes/38/title38sec343-F.html , respectively.
The Maine Uniform Environmental Covenants Act may be found at
http://www.mainelegislature.org legis/statutes/38/-title38ch3lsec0.html
How long will review take?
VRAP staff will make every effort to review and provide comments on submitted reports as soon as
possible. Generally, for reviews of ESAs where the consultant has recommended no further action
and the technical assistance request is limited to the Department's concurrence with the
recommendation, the review and opinion can be completed within 15 working days. For all other
reviews, the Department will make every effort to provide comments on the ESAs and associated
remedial plans within 30 days of receipt of the application, fees and and ESA reports. Submittal of
all required documentation with the VRAP application will ensure a timely review by VRAP staff.
Are there public notice/public communication requirements for participating in VRAP?
Yes. Effective January 1, 2008, the VRAP "Public Communication Decision Matrix" applies to all
VRAP sites. At a minimum, all new VRAP sites will be added to a publicly available database. For
some sites, a more rigorous public notice/public communication plan will need to be implemented.
The matrix may be found at http://www.maine.gov/dep/rwm/vrap/vrappcmatrix.htm
The publicly available database may be found at
The Voluntary Response Action Program -4 09 0"17
http://www.maine.gov/de, /rwm/data/`remdescriptanddata.htm
6
How does VRAP relate to Brownfields?
A Brownfield is defined by the United Stated Environmental Protection Agency (EPA) as "real
property, the expansion, redevelopment, or reuse of which may be complicated by the presence or
potential presence of hazardous substances, pollutant or contaminants." Most VRAP sites fit this
definition; however, the term Brownfields is typically applied to those sites that receive either federal
(EPA) or state (Maine DEP) funding or services under the Brownfields Program. In most cases, sites
in the Brownfields Program also participate in VRAP, as it provides a reliable and time -proven
method for clarifying environmental liability. The "Issue Profile" for the state's Brownfields Program
can be found at http://www.maine.qovjdep/rwm/brownfields/ip.htm
How does a potential applicant to the VRAP start the process?
An applicant to the VRAP will need to hire an environmental consultant to conduct ESAs at the
subject property. Any ESAs and/or other environmental information should be submitted to the
VRAP along with the application and the $500 application fee. Potential applicants are encouraged
to involve the VRAP as early as possible in the assessment process, as VRAP staff will work with the
consultant to develop assessments that collect the necessary environmental information in a timely
and cost-effective manner. The VRAP application can be found on our website at
http://www.maine.gov/dep/rwm/yrap/app.dot
How do I select a qualified environmental consultant?
Although the Department cannot make recommendations regarding who you select as an
environmental consultant, we would recommend that you ask the following questions to determine if
the consultant is qualified to assist you with the VRAP process:
• Have you performed environmental site assessments for real estate transactions?
• Have worked on any sites that have participated in the VRAP?
• Do you have a Maine Certified Geologist or Professional Engineer on staff?
If a consultant does not answer "Yes" to at least two of the three questions, you probably should
select another consultant.
For Additional Information:
For additional information, visit the VRAP website at
http://www.maine.gov/dep/`rwmlvrap/index.htm , call Nick Hodgkins of the Department's Bureau of
Remediation & Waste Management at (207) 287-4854, or write to:
Department of Environmental Protection
Bureau of Remediation and Waste Management
Attn: Nick Hodgkins, Voluntary Response Action Program
17 State House Station
Augusta, Maine 04333-0017
e-mail: nick hodgkins(&maine.gov
09 317 q
Site Investigation Matters
....................................................................................................
Taking the mystery out of dealing with
contaminated property in Maine
hether you are buying, selling, or just have ownership in a piece of property, it is in your
P4 n,
best financial interest to know what to do about possible site contamination.
Lending institutions often require environmental assessments of properties where there is a
potential for contamination before they will get involved. Information about contamination at a
property becomes the foundation upon which all future financial and environmental decisions
are made. The contamination issues affect the lenders, the buyers, the sellers, and the Maine
Department of Environmental Protection's (ME DEP) Voluntary Response Action Program (VRAP).
Environmental site assessment provides the information to answer many key questions
• Is cleanup required?
• How much needs to be remediated?
• What are the cleanup options?
• How much will cleanup cost?
• What are appropriate future uses?
Not knowing the facts can cost you — not only extra work, but also months of delays.
Getting your property's contamination issues straight is the key to accelerating through the
VRAP process.
Maine Department of Environmental Protection
Bureau of Remediation and Waste Management
Voluntary Response Action Program (VRAP)
X
17 State House Station
09 317
Property with a commercial or industrial past can be a great invest-
ment, as long as you know what you are getting into beforehand. Both
buyers and sellers need to know that state and federal laws hold own-
ers responsible for cleaning up contamination—regardless of
whether you created or contributed to the problem. If you are buying a i
property and are conducting an environmental investigation (also
known as completing due diligence), it is important to be thorough.
If you miss contamination and it is found later, you will be liable for
the cleanup.
For those of you who want to sell a property — complete infor-
mation about contamination can actually make potential buy-
ers more comfortable. The discovery of contamination problems
after the sale can lead the new owners to take up a legal battle—at sig-
nificant cost to everyone—to force you to pay for the cleanup. Legally,
you can still be liable for cleanup even after you no longer own or oper-
ate at the site. So developing a comprehensive understanding of the
environmental conditions at the property is the best way to ensure a
suc;c essmi property .transter:
!, 'Ignorance'at .the time of ;sale isno excuse for either.party.
i 4y�"
Find the Expertise You Need
There are five basic steps to identifying an environ-
mental consultant who is likely to complete the envi-
ronmental site assessment in an efficient and profes-
sional manner.
L Clarify why a site Investigation is necessary
and what reports the VRAP requires.
Are you a buyer concerned with liability, or an
owner preparing the property for re -sale? Maybe
your firm needs to clear up uncertainties about the
contamination detected during previous site inves-
tigation work? Or do you have to address specific
regulatory requirements? In any case, the place to
start is by understanding the reasons why you
should undertake an environmental site assessment
and what your legal requirements are.
You also need to define the scope of work the con-
sultant is to perform. Some companies specialize in
investigating specific types of contamination, such
as petroleum releases from underground storage
tanks or from industrial operations. If you are
unsure whether contamination is present, you may
want to limit the scope of work to characterizing
the site. After you learn more about the site, you
can then obtain competitive bids for the cleanup
portion, potentially lowering your overall costs.
If you already know that cleanup is required, how-
ever, you might look for a consultant who can assist
you in the entire process from investigation through
cleanup. This saves you the time and effort of hir-
ing a second firm, and having a relationship with
just one company may be more cost efficient over-
all.
2. Request proposals from several companies.
Ask for referrals from your trade organization and/or
professional association, other companies in your
industry, or your legal counsel, insurance firm, or
mortgage lender. Once you have identified several
recommended consultants, request a written pro-
posal from at least three.
No matter how small your job, every consultant
who submits a proposal should provide the follow-
ing information:
• Experience in performing similar projects in
Maine within the last three to five years
• Qualifications of key personnel, including sub-
contractors
09 :1.7
Organizational chart showing the responsibilities
and lines of authority for project staff and
subcontractors
• Description of each task to be performed
(including objective, methods to be used, and
description of the deliverable)
Project schedule indicating the timeframe for
each task. Regulatory deadlines, including
estimated VRAP review times, should be
included. The consultant should also attempt
to keep VRAP review periods off your project's
critical path.
• Clear explanation of what the cost estimates
cover and how additional expenses would be
billed, including the firm's fee schedule and costs
for subcontractors and subcontractor management
• Information on quality assurance/quality control
(QA/QC) procedures for collecting and analyzing
soil, groundwater, and other samples
• Evidence of adequate and appropriate insurance
coverage
• References from recent clients
Beware of an estimate that is much loaner than the
others you receive. Consultants who low -ball their
prices in order to get a project may end up costing
more in the end.
3. Interview at least two companies.
The firms to interview should have submitted clear-
ly written, competitively priced proposals that indi-
cate a good understanding of your project and of
your requirements. Require that the site manager
that would work on your project be at the inter-
view. During your meeting, find out
• What the company proposes to do and why
• What their cost estimate includes and how fees
for additional work would be handled
• The project manager's experience working on
sites in Maine, and on sites with similar issues
to yours
• How the company ensures the ESA reports are
well -organized, thorough, and technically correct
• How the company keeps up with state and federal
regulations, policy, and guidance
• Which innovative technologies the firm has
experience with, and what the pros and cons of
using these technologies at your site would be
• If the firm can provide letters that demonstrate
Innovative Technologies Can Save
You Time and Money
Ask the consultants about the innovative tech-
nologies their firms have experience with.
Can they explain the pros and cons of each in
relation to use at your site? Innovative tech-
nologies previously accepted include:
• - direct push technologies such as Geoprobe,
• microwells,
• low flow groundwater sample collection,
• x-ray fluorescence,
• field -portable gas chromatograph (GC)
and/or mass spectrometer (MS),
• immunoassay and/or other portable field
test kits, and
• soil gas surveys.
good working relationships with all their
proposed subcontractors
• What professional associations the company
actively participates in
• How the firm trains junior staff
• What services they offer that make them different
or better than other consultants
4. Determine who will work on your project.
The skills and experience of the individuals
assigned to your project directly affect its success.
Before you hire a consultant, make sure you know
which specific project manager will work on your
Environmental Site Assessment, including the
individual responsible for reviewing reports
from less experienced staff. Make sure that key
people are available to complete your project in a
timely manner.
You should also check out the training and experi-
ence of each team member. Ask for resumes and
look for professional licenses, such as Maine
Professional Engineer (PE) and Maine Certified
Geologist (CG). Make sure they have worked on
similar sites and have a thorough knowledge of
Maine regulatory requirements and ASTM stan-
dards for Envrionmental Site Assessment, E1527-00
and E1903-97(2002). Applicable Maine Statutes
and Regulations are offered on the VRAP website at
http://www.main.gov/dep/rwnVrern/statute.htm#dep.
ASTM standards are available for order at
5. Review past performances and ALWAYS
check references.
Contact at least two former clients and ask about
the scope and nature of the services provided and
their satisfaction with the work performed. Keep in
mind, however, that even the best consultant can-
not predict all of the site circumstances and project
outcomes.
Good questions to ask about the client's experience:
• Was the consultant timely in completing all
elements of the work?
• Were the final project costs in line with the
original estimate?
• Did the scope of work change significantly
during the project? If so, why?
• Did the consultant work effectively with the
client and the VRAP project manager?
• Did ME DEP approve the initial VRAP applica-
tion package, or did the consultant have to
resubmit information? If resubmission was
necessary, how much additional information _
was required?
• How many times did the consultant have to
collect additional samples or other information
to answer VRAP questions, and did the initial
work plan and cost estimate cover that work?
• Did the people who worked on the project
change over time? If so, was the transition
handled satisfactorily?
Also check the company's insurance coverage. You
or someone whose experience you trust should
review the policy in detail. This is critical because
the consultant could overlook something, worsen
the existing contamination, cause new contamina-
tion, or damage a third parry's property. If the con-
sultant lacks coverage for these types of incidents,
you may be liable.
www.astm.org. Geoprobe for soil and groundwater sampling
I) 9
J1�
I
Residential Redevelopment - Before and After
How can you protect yourself
against these potential liabilities?
By hiring a well-qualified environmental consultant
to perform an Environmental Site Assessment that,
at a minimum adheres to ASTM standards before
any sales transaction takes place.
A Phase II Environmental Site Assessment requires
one or more visits to the property to collect sam-
ples, typically of soil, groundwater, and sometimes
soil gas, water, and/or air. Sample locations are
selected based on your consultant's evaluation of
your property's use and history. Samples are some-
times screened in the field and then analyzed by a
laboratory. The analytical results help determine
which contaminants (if any) are present, their loca-
tion, and what their characteristics are.
At levels above reportable concentrations, the ME
DEP must be notified. In addition, any Environ-
mental Site Assessment (ESA) reports must be
forwarded to VRAP, along with the applicable
application package, if liability protections are
sought. The consultant's report must evaluate the
data collected, compare results to accepted state
regulatory standards, and assess potential risks. The
final report must also propose alternatives for pro-
tecting human health and the environment. If the
consultant fails to collect data from enough loca-
tions, analyze samples for enough parameters, or
adequately present and analyze the investigation
results, VRAP will be compelled Xo require that
more work be done.
Bottom line? Inadequate investigation can add thou-
sands of dollars and months of delays to a project.
• It's just good business to hire a well-qualifie
d environmental consultant who will
• thoroughly research the property's historical use;
• conduct Environmental Site Assessments that
are well planned and properly executed;
• perform the data collection correctly and
thoroughly—the first time; and
• submit technically sound and thorough
ESA reports.
What You Don't Know Can Hurt
You - A Case Study
As part of a pending property sale, the owner
of a commercial property removed a fuel oil
underground storage tank (UST) from behind a
building where a dry cleaner had operated. The
soil removed was found to contain tetra-
chloroethene (also known as perchloroethylene,
perc, or PCE). The first consultant the owner
hired assumed the source of the PCE was elim-
inated when the UST soils were removed from
the area and did no further evaluation specific
to the PCE contamination.
But when monitoring wells were installed to ver-
ify cleanup, additional PCE was detected. The
property owner then requested an aggressive
short-term cleanup effort so that he could sell
the property. The consultant used in situ chemi-
cal oxidation in the assumed PCE source area
outside the back door – an effort that failed
because they were in the wrong location.
As a result:
• Sale of the property was lost.
• The failed cleanup effort alone cost $30,000 -
and the owner was still required to pay for
an appropriate cleanup.
• A second consultant had to be hired to find
the actual source of the contamination—a
foundation drain that created a pathway for
the PCE to spread into the soil.