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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, :..,..1 '- 4 p�k L,q x x,.. shy. �;r.!£.Nk�w"w4:�2..w:=:.Firr.,.cJ�'L.:.�W!i,.:.Z.; +52y�`�'t;:<4c'i�;, «� .�.1 o-�:"::::, [�+«. ....'.n'F': xr vwn .YY�%.,LY.ar.. 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.