Did you know that Mold comes in many different colors? The color doesn't matter, what matters is if it there is mold growth and if you stopped the water filtration.
Did you know that Mold comes in many different colors? The color doesn't matter, what matters is if it there is mold growth and if you stopped the water filtration.
Earth Day Friendly Things to Do
No one wants to do bad by the environment, and sometimes doing good things for the environment is hard. Here are easy ways to help the environment for Earth Day and Every day.
Go a day without drinking bottled water.
Buy and use a refillable water bottle, just so you can keep promise number
Always keep a receptacle by your desk (Home or Office) to place non-trash items.
Rather than drive around for the closet parking spot, park farther away where the spots are plentiful. Face it, you can use the exercise and less driving is less fuel consumed.
Half a cup of water on your counter? Pour it in a houseplant.
Buy fragrance free cleaning supplies, those fresh scents are chemicals. Less chemical means cleaner air inside your home.
Buy small reusable water bottles for your kids and stop buying juice boxes.
Use a quality doormat and place them at every entrance to your home. Doormats capture dirt, particulate and contaminants prior to entry to your home.Â All that fertilizer on your lawn and on your shoes from the golf course will now stay outside.
Start a compost pile for grass and leaves, the decomposition of both items will give you nutrient rich soil for next season
SBA 2018 CHANGES TO THE PHASE I & II
SBA SOP 50 10 5 (J)
(Phase One Environmental Site Assessment & Phase II Investigation)
As of January 1, 2018, the SBA has changed their environmental due diligence requirements. These changes relate to Phase I ESA's completed and Phase II requirements for certain sites applying for SBA funding. The changes are more conservative and reflect SBA experience with Due Diligence completed and the need for stricter standards.
January 1, 2018 marks the effective date of SBA SOP 50 10 5 (J) relative to Phase I and II requirements. These new requirements must be followed by parties going through SBA lending. The Nine Key Areas of the most important changes are as follows:
If lending occurs to any site where dry cleaning was EVER performed then a Phase I Environmental Site Assessment (ESA) and Phase II ESA must be performed. This is a change to the prior requirement where the SOP only required a Phase I ESA for current or former dry-cleaning operations and the Phase II was not necessary is if prior dry cleaning operations were under 5 years. Now if the target site has current or former onsite dry-cleaning facilities that used, likely used or uses chlorinated and/or petroleum-based solvents a Phase II is mandatory. If the Phase II ESA finds any soil and groundwater contamination and soil vapor intrusion, it must be addressed.
2. Gasoline Service Stations
The Environmental professional must document with professional judgement that the facility complies with all regulatory requirements relating to tank and equipment testing i.e. the tank system.
The SBA loan will not be completed until full compliance is achieved, and deficiencies have been corrected, which would require monetary outlay by the borrower.
3. Records Search with Risk Assessment
In a Records Search with Risk Assessment (RSRA), historical sources, regulatory databases and an environmental questionnaire are used to determine current and historical uses of a property in order to provide a risk determination. Site reconnaissance activities are not part of a RSRA. The new SOP has additional requirements for the historical sources used in a RSRA. The historical records should identify property uses back to the first developed use or back to 1940, whichever is earlier. In addition, the RSRA should include the database reports and historical records used to develop the opinion noted in the RSRA.
4. Phase I Environmental Site Assessments (ESA) Recommendations
Any Phase I ESA will include a conclusion by the Environmental Professional whether there is risk of contamination so minimal that no further investigation is warranted or that sufficient risk warranting additional investigation is present. Recommendations, including Housekeeping recommendations of the Environmental Professional’s recommendations are to be followed. In short, if further work is recommended, it is to be accomplished. Noncompliance requires the party to provide to the SBA Environmental Committee justification for not wanting to follow the recommendations of the Environmental Professional, which requires review and approval or denial from the SBA Environmental Committee.
5. Shelf Life of a Phase I
SBA will accept an All Appropriate Inquiry (AAI) compliant Phase I if it was performed within one year of submittal to the SBA. The prior version of the SOP had a 180-day limit.
6. Reliance Letters
Reliance letters are required for Transaction Screen Reports, Phase I ESAs and Phase II ESAs. The SBA Reliance Letter template cannot be modified. Lender and CD’s are not supposed to alter the terms of the SBA’s standard reliance letter.
7. NACIS Code List
The NAICS code(s) for the Property’s current and known prior uses must be obtained or a good faith effort exerted to obtain the number(a) and a comparison must be made to the NAICS code(s) to the list of environmentally sensitive industries. Two new categories were added and four were amended. The NACIS can trigger a Phase II:
In addition, four clarifications were added. The clarifications are noted below.
8. Historic Places
Potential to impact listed/eligible to be listed properties on the NRHP, the SBA counsel should be consulted. If impacts to historic places are anticipated, the SBA is required to consult with the applicable State Historic Preservation Officer (SHPO), who typically has 30 days to provide feedback on the property. If no impacts are anticipated, the SBA counsel may determine that no further review is required.
A new section relating to Indemnification was added to the Environmental Policies and Procedures section of the SBA SOP. Environmental errors and omissions liability insurance with a minimum coverage of $1,000,000 per claim (or occurrence) must be provided and that evidence of this insurance must be attached to all reports. This insurance must cover environmental work completed as of the date of the Phase I, provide coverage up to $1,00,000.00 and have no time limitation on liability.
Trust the Experts our Due Diligence Experience is Decades in the Making.
Tags: Phase II
How long does an oil tank last? When do you replace an oil tank. These are popular oil tank questions. All things have a finite life expectancy. Both aboveground storage tanks (ASTs) and underground storage tanks (USTs) have a usable life. The problem is your tank can fail (holes appear) and you may never notice. An industry average for the life span of an oil tank is 20 years, some tanks last longer and some shorter. This time frame is greatly dependent on the type of oil tank, construction of the tank (meaning thicker walled tanks generally can last longer). environment the tank is in (indoor - outdoor), and the contents of the tank. Harsher environments tend to shorten the lifespan of pretty much anything, including steel tanks.
When I ask people how long they think a tank is supposed to last I typically get silence or "I don’t know". Then, I tell them thank you for not saying "Tanks last FOREVER". A simple rule of replacement is if the roof has been replaced, so should the tank. This is for all the people who are using a tank TODAY and if your house was built between 1950 and 1995, your tank is beyond any reasonable expectation of usable life and should be replaced. No there is not a likely possibility that the original tank from the day your house was constructed has been replaced. The saying 'if it isn’t broken don’t fix it' is unfortunately followed when it comes to oil tanks. Simply put, if people replaced tanks within a reasonable amount of time, you wouldn’t have tank leaks and expensive environmental cleanups.
How do oil tanks leak? Many oil tanks rust through from the inside out. This most often occurs when the oil is not present, meaning upper portion of the tank where the tank is empty and the oil is not present to lubricate the steel. Tanks can also leak due to the use of low sulfur fuel. Heating oil tanks that have low sulfur fuel and water can allow microbial growth to occur. Secretions from these microbes can produce acids that can corrode a steel tank.
Click Here to Learn about Testing Oil Tanks for Leaks
Aside from corrosion inside the tank, an oil tank can deteriorate from the outside due to environmental conditions. Rust never sleeps and for corrosion to occur you need metal, oxygen and moisture. How fast a given metal rusts is based on the environment the metal is exposed too.
Aboveground oil tanks may look fine from a cursory exterior view but in fact, could heavy corroded on the inside and be ready to fail.
Underground oil tanks are thicker than comparable aboveground tanks due to a more corrosive environment. In short, an indoor rated AST is thinner than an outdoor rated AST, which is thinner than a buried UST. Curren has found that there is a wide variation in indoor aboveground and outdoor aboveground oil tank life spans due to the considerable variation in both the quality and thickness of steel (older tanks seem to have been a heavier gauge steel), which helps prolong the life of the tank.
We have seen indoor oil tanks in good condition that are 60 years old or older, and we have found failures in newer oil storage tanks that may have been made of thinner or cheaper steel and that did not last as long as the original ones. The tanks made immediately following WWII are of higher quality, saying things are not made as good as they used to be is a very true statement when it comes to oil tanks.
Rather than guess a tanks oil tank condition, we suggest that if your home has an older aboveground oil storage tank, twenty years old or older, you should replace the tank. Keep in mind many brand new oil tanks have a 1 year warranty.
What Can Cause an Oil Tank To Leak?
Want information on tank removal? Clock here Oil Tank Removal
Green Lawn Tips
Americans spend over $6.4 Billion a year on lawn care, according to the Professional Lawn Care Association of America. Why not get started in the spring to ensure a beautiful green and healthy lawn.
Start out by checking the soil pH levels. Winter can alter the soil pH and create conditions that are friendly to weeds and disease. The soils pH should read between 6.5 and 7.0 which are slightly acidic. You can test your soils pH by purchasing a pH tester. After the soil has been checked, invest in a rental aerator. In high traffic areas grass becomes compacted. The aerator will draw wine cork-sized plugs out of the lawn surface giving roots the room to spread and allow for air, nutrients and moisture to penetrate the soil.
The soil cores should not be raked always, as they contain bacteria and nutrients that will return to the soil.
In the early spring, apply a pre-emergent weed control to prevent crabgrass in early spring.
½ the dosage of preemergent and reapply in 3 weeks to increase the treatment duration. Try to get your immediate neighbors to do the same so you encompass a larger spread of weed control. If your neighbor does not apply preemergent, weeds can grow and move to your yard.
During late spring fix any patchy places and apply your seed. When seeding in the spring it is pertinent that you provide consistent watering to allow the seed to germinate
Water twice a day for 7 to 10 days to allow the seed to germinate.
When watering, make sure one inch of water to 12 inches of soil is preferred ratio for watering actively growing grass. You most likely will have to seed again in the fall months.
With the spring upon us, it is very important to prepare your lawn for the warmer, sunnier months ahead. Having a nice, thick green lawn helps with excess rain, capturing the moisture so it does not end up in your house to produce mold.
What do Mosquitoes do in the winter time? Mosquitoes are cold blooded creatures and do not generally bite in temperatures below 50F. Most male mosquitoes cannot survive the Northern winter months. Females on the other hand actually gain some size and can make it through the cold weather. Before the cold weather the females lay all their eggs. The eggs will winterize and can sustain through the winter. The eggs hibernate as embryos.
What is the life cycle of the Mosquito?
For more detailed information on the mosquito life cycle click here.
Mosquitoes don’t exactly bite humans, they feed on them. The female needs the protein to produce her eggs. Mosquitoes can spread disease; the diseases are often viruses that are picked up by the mosquito when it feeds on an infected host. When that mosquito then feeds on another host, it can spread that virus and so on. Moving from person to person until the eggs are laid.
Spring is in the air…warm weather and rainy days are ahead. Seasonal Mosquito Remediation packages are available through Curren Environmental.
Call Curren now at:
or fill out the form and Curren Environmental will respond to you as soon as possible.
What is mold and is mold dangerous? Two common questions regarding mold. First let’s start with "What is mold?". Mold is ubiquitous in our environment. There are few places on earth, where molds are not present. That said, mold (which is also called fungi) is a broad-spectrum term to describe fungi, mushrooms, rusts, mildew, and yeast. As humans, we simply complex things by using the term “mold”. Any mold is a eukaryotic organism, meaning one that has a defined nucleus. Molds lack flagella and reproduce by means of spores. Spores are released from the mature mold body and spread by air currents on people, animals, and/or materials that travel from place to place. These spores can remain viable for extended periods of time, which, in short, is as long as it takes for a suitable environment to occur which allows the mold to form new colonies.
What is Black Mold? What is toxic Mold.
The next two most common questions. First, black mold is not a mold it is a color, the term was made up by the media. There is no mold that has the scientific name as black mold. The same goes for toxic mold, we think the name toxic mold came from the mold industry to scare people. Again no mold has the scientific name toxic mold.
Molds are fungi that grow in the form of multicellular filaments called hyphae that spread to form a network or colony called mycelium. When you see visible mold (spotting, staining, discoloration) you are observing a colony of mold. Most all fungi require oxygen to survive and all fungi need an organic food source. Unlike humans, molds do not ingest their food but rather absorb nutrients by attacking dead organic matter or parasitizing living organisms. In an outdoor environment you can think of molds as nature’s composers as many molds live in the soil and are active in the decomposition of organic matter.
Molds are not strictly confined to the outside, although that is their primary habitat. Molds can grow indoors in a built environment (built being man made structure). Molds can grow anywhere if the following four primary conditions are satisfied:
Mold affects humans through the inhalation of spores, which is how mold reproduces, so you should realize that when you see mold, spores are present and you could be at risk. Molds also produce mycotoxins which are chemicals that are created during certain parts of the mold life cycle. Mycotoxins having the word “toxic” in the name underlines them as a concern. Mycotoxins can evoke a toxic response, for example, allergic reactions, respiratory irritation, the exacerbation of asthma symptoms as well as other respiratory reactions to an irritant. Mycotoxins have this affect because they have very low volatility, meaning they have relatively low concentrations in the air, so contact or ingestion rather than inhalation is often the main route of exposure for these chemicals.
Since molds digest matter, they will naturally off gas. The off gassing of mold often referred to as the musty odor is scientifically called MVOCs or microbial volatile organic compounds. Their olfactory presence signifies actively growing mold. Fortunately for humans MVOC's have a very low odor threshold, thus, making them easily detectable by smell. Exposure to fungal MVOC's has been blamed for headaches, nasal irritation, dizziness, fatigue, and nausea. So, while someone may refer to an odor as musty it signifies the presence of mold and compounds that are airborne that can have detrimental health effects in humans.
Chronic exposure to large airborne concentrations of fungal spores can induce allergy or hypersensitivity in certain individuals. In some cases, chronic exposure to fungal spores can result in a flu-like debilitating disease known as hypersensitivity pneumonitis.
Mold is confusing and the many unlicensed firms that perform mold work dont help to demystify mold. At Curren will off a free initial consultation. Call our office Monday to Friday 8:00am to 5:00pm EST and speak to one of our professionals. 888-301-1050.
If you are purchasing a commercial property, you will be advised to perform reasonable due diligence prior to acquisition. The standard is performing an ASTM Phase I Environmental Site Assessment (ESA). A Phase I incorporates research of a site for the determination of past (historical) or current Recognized Environmental Conditions (RECs) that could affect the value of the property. Banks typically will require a Phase I for high-risk sites or when loan amounts reach a certain threshold. Banks typically have buyers pay for a Phase I to protect the bank, as the bank does not want to have a mortgagee be burdened with undue environmental remediation expenses that could in turn affect their ability to pay the mortgage.
Any purchaser of commercial real estate is performing Phase I due diligence to protect their interest, not is once again not typically fulfilling a requirement of the law. Due diligence is a prudent practice to follow for any commercial purchaser. Many buyers contact our office with little to no real knowledge of what a Phase I is and are being directed to perform one by their attorney or realtor. Many people view a Phase I as getting their hand stamped and the quicker the better so the transaction can go to settlement. The due diligence aspect is many times an afterthought.
We are going to cover the different scenarios when a Phase I is completed and when a Phase II or III is triggered and why that is a good thing.
The best possible outcome for all parties after completing a Phase I, in the eyes of a buyer or seller is that the Phase I finds no issues with the site and accordingly there are no recommendations that any additional work is required such as a Phase II or Phase III. This is not as common an outcome as many people think or expect. Sellers do not want you to complete a Phase I as it delays the settlement and opens up the possibility that the Phase I may find an issue. Buyers do not want a Phase I performed for the same reasons, citing the time it took to find the perfect site at the right price as well as monies already spent to date. The Phase I is viewed as a necessary evil and one that at best could cost money and delay the sale from 2 to 6 weeks and at worst strike a crushing blow to the sale when a problem is uncovered that the owner was unaware of and unable or unwilling to address.
The odds that the Phase I will come back clean, meaning no RECs are found, is based on numerous factors including the date of site development and historical usage of the site. We have found that some of the most innocuous appearing sites (upholstery and insurance office), have been found to have potential environmental concerns from PRIOR usage.
A common Phase I situation is a client that is not required to perform a Phase I by the bank either because the loan amount is not triggering it or they are paying cash or there is a 1031 exchange. These are rush hand stamped Phase I’s as there are already planned deadlines and the Phase I request is coming from the buyers attorney. The rush part of the Phase I need is not based on anything pertinent relative to environmental conditions, but rather business or financial needs. This is where hand stamping is most common. Timing is relative and the sooner a decision is made on performing the Phase I the faster it will be completed. In a perfect world a Phase I would be initiated by the seller prior to listing the property for sale. In practice, it is one of the last things a buyer completes.
Time necessary to complete a Phase I varies. Most Phase I’s are completed within three weeks, some can take as long as 6 to 8 weeks. The difference in timing is based on the presence of records at the State and local levels. The presence of files for a site at an environmental agency is typically unknown until a Phase I is initiated and the agencies are contacted regarding any files. If files are found, the review of reasonably ascertainable files is required. There could be a multiple week wait to get access to these files as they may be in storage or the first available date the State gives is 4 weeks away. The time to access environmental files at a State level is the under looked aspect of a Phase I. The determination that no files exist allows the Phase I process to be expedited. The presence of environmentally-associated records indicates that investigation/remediation work may have been initiated or completed. Records must be reviewed by a person with the experience and knowledge of applicable regulations to confirm that investigations/remediation has been completed in accordance with the local, State and Federal regulations. A recent Phase I had pertinent files that were at the State. Based on ability to accumulate the records and schedule the first available review date, it took five weeks to just perform a cursory review. The review found that the site was formerly a gas station and had gas tanks removed and properly closed though the State. What the file review did not indicate was the presence of other tanks on the site that appeared to have been either removed or left in place. The unknown tanks consisted of a heating oil, waste oil and kerosene tank. This triggered the need for a Ground Penetrating Radar (GPR) survey of the site to search for the possible missing tanks. In this case, the buyer was sure that all the tanks were removed and signed off by the State, unfortunately that was not the case. In this case, the buyer did not buy the site and the owner had more work to complete including the removal of the tanks.
When you start a Phase I, anticipate that a Phase II may be the necessary. A Phase II is testing or further invasive evaluation of a suspected environmental concern. Another Phase I performed found the need to complete soil borings on the site in areas where the operations of the site may have allowed historical seepage of oils and chemicals into the soil. The Phase II did indeed find contamination in all the borings completed. At this point the purchaser was into the property for over 20K, which including attorney’s fees, zoning applications, engineering and environmental. The next step after finding an area of contamination is to determine the extent of contamination and the associated costs for remediation. This added weeks upon weeks to the financial deal which could lead to the potential purchaser to look for another property weighed against the monies spent to date. Most contracts allow the buyer or seller to back out of the transaction if repair expenses exceed a dollar amount or a time limit. Usually at this point the buyer, thinking they were buying a clean site, is upset about monies thrown down the drain and when the end will occur. Rarely does the purchaser weigh the fact that the Phase I did exactly what it was designed to do which is evaluate for potential environmental issues that could devalue the site. Slightly less than $100,000.00, later and almost 7 months from the start of the Phase I was the property cleaned up. The buyer dodged a remediation expense that surely would have been in their lap if the property was bought without a Phase I as the party they sell too would most likely not be as foolish to purchase without performing Due Diligence.
The photo below is a drum storage area, the floor below the wood was heavily stained. It was flagged in the Phase I as an AOC and testing was recommended and the testing found contamination.
Phase I cost sharing. Due to the unexpected outcome of any Phase I’s in some instances the expense of the Phase I is shared between buyers and sellers. The advantage for both parties it not just financial (50/50 split), but ownership of the report. If the transaction falls apart for reasons other than environmental finds issues, the owner has possession of the report and can share same with the next prospective purchaser.
Phase II cost sharing is more complicated. The Phase II by definition involves physical examinations and in many cases testing. Phases II expenses can dwarf the cost of a Phase II and due to the potential of finding an issue, many sellers would prefer the testing not be performed. This is particularly common when the issues being investigated relate to potential conditions that predate the current owner. This is a very common situation if the current owner purchased the site in the last 20 years and did not perform a Phase I. Cost sharing is again valuable as the owner has rights to the report and data generated by the Phase II. In most cases if the Phase II finds an issue that must be addressed or remediated (Phase III) the phase II has to be shared with the owner to document the findings. Phase I cost sharing is far more common than in Phase II situation.
A bill has been proposed in the New Jersey assembly that will require all homeowner carriers to offer coverage to remove residential USTs (Underground Storage Tanks) and to cover remediation. Assembly bill, No. A437 would require the insurer to get written confirmation from the insured that they are declining the coverage.
What this would mean for homeowner's is that coverage could be obtained for tank removals and remediation.
The bill as proposed is as follows:
A437 SCHAER, BRAMNICK 2
AN ACT concerning homeowners insurance coverage and 1
supplementing Title 17 of the Revised Statutes. 2
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
1. a. Every insurer authorized to transact the business of 7
homeowners insurance in this State shall make available as an 8
option for purchase, in every homeowners insurance policy 9
delivered, issued, executed, or renewed in this State on or after the 10
effective date of this act, coverage for: 11
(1) removal of a leaking heating oil tank from the homeowner’s 12
property; and 13
(2) remediation of damage caused by the discharge of heating 14
oil from the homeowner’s leaking tank or any piping, fuel supply 15
line, equipment or system connected to the tank to: 16
(a) the homeowner’s property, including any impact on soil, 17
indoor air, groundwater or surface water; and 18
(b) a third party’s property, including but not limited to nearby 19
or adjoining property, or groundwater or surface water. 20
b. The commissioner shall establish by regulation the amounts 21
of coverage per occurrence and the amounts of any deductible per 22
claim or policy period for policies offered pursuant to this section. 23
c. If a homeowner declines the option to purchase coverage 24
offered pursuant to subsections a. and b. of this section, the insurer 25
shall obtain a written waiver of the coverage, signed by the 26
homeowner, whose signature shall be notarized by a notary public. 27
d. For purposes of this act, “heating oil tank” means a liquid 28
fuel tank in which heating oil is stored and from which heating oil 29
is delivered or pumped through a fuel supply line to an oil burner, 30
whether the tank is located within a dwelling or other structure, 31
underground, or outdoors. 32
e. This section shall not apply to abandoned, closed, or out of 33
service heating oil tanks. 34
2. This act shall take effect on the first day of the sixth month 36
next following the date of enactment. 37
This bill requires homeowners insurance companies to make 42
available as an option for purchase, in every homeowners insurance 43
policy delivered, issued, executed, or renewed in this State on or 44
after the effective date of the bill, coverage for certain leaking 45
heating oil tanks. 46
The bill requires that this coverage be offered for: 47
A437 SCHAER, BRAMNICK 3
(1) removal of a leaking heating oil tank from the homeowner’s 1
property; and 2
(2) remediation of damage caused by the discharge of heating 3
oil from the homeowner’s leaking tank or any piping, fuel supply 4
line, equipment or system connected to the tank to: 5
the homeowner’s property, including any impact on soil, 6
indoor air, groundwater or surface water; and 7
a third party’s property, including but not limited to nearby 8
or adjoining property, or groundwater or surface water. 9
The bill also provides that the Commissioner of Banking and 10
Insurance establish by regulation the amounts of coverage per 11
occurrence and the amount of deductible per claim or policy period 12
for policies issued under the bill. 13
If a homeowner declines the option to purchase coverage offered 14
pursuant to this bill, the insurer shall obtain a written waiver of the 15
coverage signed by the homeowner whose signature shall be 16
notarized by a notary public. The bill shall not apply to abandoned, 17
closed, or out of service heating oil tanks.
How to Choose an LSRP? aka Hiring an LSRP
After 8 years of LSRP mandated involvement in the state of New Jersey we still are asked, how do I choose an LSRP?
If you are looking to retain an LSRP for an environmental issue, your property is either in the State of New Jersey or Massachusetts. New Jersey implemented the LSRP program to more or less privatize the cleanup of contaminated sites in New Jersey. The LSRP program is telling in the fact that only two states have LSRP programs.
You will need an LSRP is you own are connected (responsible) for a property in New Jersey that has found to contain contamination. Contamination at a site could be from your involvement or historic contamination that may not have ever been known or disclosed to the current owner prior to purchase. We work at a number of properties that require LSRP involvement due to contamination being left behind from a prior owner. The laws are that if you own the site even if you did not cause the contamination you are responsible. This is true for most all sites, it can have exceptions such as where contamination had been previously found under another owner and that owner is listed as the Responsible party (RP) according to the New Jersey Spill Act.
The New Jersey LSRP program started on May 7, 2009, then Governor Jon Corzine signed the Site Remediation Reform Act N.J.S.A. 58:10C – 1 ("SRRA") into law. One of the many provisions of the law establishes a program for the licensing of Licensed Site Remediation Professionals ("LSRPs") environmental professionals that have the experience with environmental impacted sites and who pass a proficiency exam. An LSRP has the responsibility for the oversight of environmental investigations and cleanups of applicable site in New Jersey. There was a phase in period of the program, which ran until May 7, 2012.
Bottom line, as of May 7, 2012, all applicable remediation’s (any commercial or industrial site as a rule) requires LSRP involvement in the state of New Jersey. Even sites that may have been undergoing remediation prior to May 7, 2009, without regard to when remediation was initiated, are required to find and retain a Licensed Site Remediation Professional (LSRP), as per N.J.S.A. 58:10B-1.3b(1) through (9).
An LSRP takes responsibility of navigating responsible parties through the NJDEP’s Site Remediation Program (SRP). In short, if you have contamination, you must determine the source, define the area of contamination, determine media affected by the contamination (soil, groundwater), evaluate for vapor concerns if applicable and then determine a course of action. Addressing contamination may mean physically addressing the contamination (soil excavation, chemical or biological treatment) or by permitting the contamination in place (deed restrictions, Classification Exemption Areas CEA).
Before the LSRP program an RP would receive a No Further Action (NFA), today you receive an RAO or Response Action Outcome (RAO) document that effectively replaces the No Further Action (NFA) letter previously issued by the NJDEP. On sites where an RAO includes the use of institutional or engineering controls, which are meant to be protective of public health, safety, and the environment, an LSRP must remain involved for any required post-RAO monitoring.
For sites where all applicable remediation standards have been met (meaning no institutional or engineering controls are required), then an unrestricted-use RAO is issued as the final remediation document, and the role of the LSRP is completed.
Hiring an LSRP is similar to engaging other professionals such as accountants or lawyers. As with any professional, you will find some are better than others. You need to look at the broad picture of what you will need with engagement of an LSRP. Meaning, any licensed LSRP will have the experience and background to perform the work as they hold the LSRP license. Outside of just experience you will also be incurring costs for fieldwork, such as drilling, soil and water sampling, excavation, geophysical surveys, air monitoring, the list can be long. These blue-collar services so to speak can dwarf the hourly rates of the professional (LSRP) directing the activities. Boutique firms such as Curren Environmental retain these services in-house to not only ensure the quality of the services, but also the cost. We find our rates to be below those of firms where subcontractors must be sourced and markups added by the environmental consultant. At Curren, we source both consulting and contracting under one umbrella to provide true turnkey services.
To that end, hiring an LSRP can entail lengthy relationship and we respect that no one wakes up in the morning and wants to make a bad decision but it happens.We offer a no cost, no obligation consultation on your project needs.As a matter of course we cannot accept every project that arises as we hold responsibility to steer the project to NJDEP mandated timeframes, we cannot simple hand stamp a project to buy time for an RP, as the fees and fines the NJDEP has established for not meeting mandatory timeframes in conjunction with the LSRP program are burdensome.
Our office is available Monday to Friday 8:00 am to 5:00 pm EST to answer your questions. Toll Free 866-332-3388