Phase III Remediation Design, Project Management, Environmental Cleanup, Release of Liability - PADEP Act 2 Land Recycling Program
The PADEP Act 2 Land Recycling Program creates a legal framework for the voluntary cleanup and reuse of Brownfield sites including abandoned or under-used industrial and commercial sites with environmental contamination. This program provides uniform cleanup standards based on actual health risks and the proposed use of the site rather than restoration to pristine conditions. Further, the liability of owners, developers, and financiers is limited when the site has been remediated according to the cleanup standard. Act 2 also established standardized review procedures and deadlines for Department of Environmental Protection (DEP) action to reduce uncertainty and delays. In some cases, Act 2 provides funding for environmental studies and cleanups.
At AET, environmental cleanups for Act 2 compliance are designed/implemented by our professional staff which includes Certified Industrial Hygienists (CIH) Certified Hazardous Material Managers (CHMM) and Professional Engineers (PE). Our staff guides our clients through all stages of the PADEP Act 2 Land Recycling Program and provides complete turnkey services from the remedial investigation phase through remediation and closure.
The Act 2 process begins with an environmental assessment performed by AET’s professional Staff to assist our clients in the decision-making regarding the right cleanup standards for their sites. This assessment determines the types and levels of contamination at the site. The remediation process begins with a Notice of Intent to remediate being sent to the DEP which is also published in local newspapers/bulletins.
Act 2 provides the following options that a site has been remediated according to applicable standards:
• Statewide Health Standard: This regulation defines cleanup levels for various chemicals and is dependent upon the health risk of the identified contaminants. Statewide Health Standards vary according to the chemical and the property use (e.g., residential or commercial). See Case Study
• Site-Specific Standard: Cleanup for this standard is based on the contaminants, exposure and conditions at the site and considers the intended future use of the site. Remediation methods generally are designed to eliminate exposure pathways via direct contact, ingestion and inhalation. This standard, which varies according to residential or commercial use, is normally attained by a combination of treatment, removal, and engineering controls. See Case Study
• Background Standard: This standard is utilized in situations where contamination has migrated onto a property from adjacent/adjoining sites. Extensive sampling and statistical analysis is required for Background Standard attainment.
• Special Industrial Area: This provision is used for sites that have no financially viable responsible party or those located in an Enterprise Zone. Further, the redeveloper of the site must not have caused the contamination and is only responsible for remediating the immediate, direct, or imminent threats to public health or the environment based on the intended use of the site. A deed notice must indicate the exposure assumptions used in developing the cleanup standard. See Case Study.
AET’s remedial investigation and contracting services are solution-oriented and designed/implemented to provide the most effective and efficient use of our clients resources for a particular site. Our commitment is to always satisfy our customer’s needs quickly, effectively, and with the highest degree of excellence, professionalism and personal integrity.
