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Industrial Sites
Most states have created complex regulatory programs that oversee the
progress of environmental activities conducted to remediate contaminated
industrial properties. These agencies have adopted regulations that in
general:
- Define the guidelines for investigation,
sampling, and cleanup practices
- Set soil and ground water contamination
limits that are acceptable under a variety of land use conditions.
- Provide processes by which property owners
and industrial operators can deal with environmental issues using a
risk-based approach.
The Whitman Companies, Inc., by virtue of its vast industrial site
experience, is prepared to move instantly on behalf of its clients to assure
timely compliance with state cleanup regulations pertaining to industrial
sites. Whitman will work directly with a company’s owners, attorneys, real
estate brokers, and financial institutions to carry the state’s procedures
through to approval. All investigation and remediation work conforms to the
provisions of the state’s technical guidelines and criteria and Quality
Assurance/Quality Control specifications.
The Whitman Companies, Inc. can guide you through the regulatory maze in your
state and help you undertake an industrial site remediation project in a
systematic, cost-effective way. At the end of the road…compliance with
your state’s cleanup regulations and the issuance of a regulatory approval
or notice of no further action.
Our industrial compliance experience dates back to ECRA, the landmark New
Jersey industrial site cleanup statute adopted in 1983, which set the stage
for comparable programs in other states. As a result, we are thoroughly
familiar with the intricacies of dealing with NJDEP and the subtleties of
ISRA, the predecessor legislation that became law in 1993. Some of our
largest projects have been major ECRA/ISRA cleanups from start to finish on
behalf of our industrial clients.
An evolving issue in industrial site remediation is the assessment of
natural resource damages (NRD). Under state and federal law, NRDs occur as
hazardous materials are discharged to ground water, wetlands, or surface
water bodies. New regulatory policies are being developed, even as you read
this material, which will potentially result in the assessment of
significant payments for damages caused by industrial site contamination.
The Whitman Companies, Inc. is prepared to help its industrial clients to
define the NRD component of their site remediation project and to help them
defend against unusually high or unjust penalties.
In recent years, our expertise in industrial site remediation has
expanded to include the cleanup of sites located in all of our neighboring
states. If you have questions or have a particular industrial cleanup need,
contact Michael Metlitz.
More information on industrial site remediation in:
New Jersey
In 1993, the New Jersey legislature passed ISRA, the Industrial Site
Recovery Act, known unofficially as the "ECRA Reform Act." ECRA
(Environmental Cleanup and Responsibility Act) was created in 1983 and was
the first program to require mandatory industrial site investigation and
cleanup. ECRA was, however, procedurally flawed, and thus, the framers of
ISRA attempted to remedy many of these procedural problems. ISRA is
"triggered" by a transaction involving the transfer of ownership
(sale, stock transfer) or cessation of an industrial operation. ISRA
applicability is determined by Standard Industrial Code(s) (SIC Codes) and
by the use of hazardous materials in the operations at the subject site.
Applicable industries are required to provide NJDEP with detailed
information on their operations and use of hazardous materials and may be
required to perform extensive soil and ground water investigations leading
to remediation.
Pennsylvania
The primary regulatory agency in Pennsylvania is the Pennsylvania Department
of Environmental Protection (PADEP). The site remediation legislation
consists of three bills: Act 2, Act 3, and Act 4, collectively known as the
Pennsylvania Land Recycling Act. Each deals with a specific area of land
recycling and reuse, ranging from guidelines for sampling and remediation to
financial incentives for developers of contaminated properties. Most
Pennsylvania cleanups feature risk-based cleanup standards tailored to
relate to the specific land use. Pennsylvania’s legislation provides the
developers of industrial properties with liability relief that serves as a
strong incentive to restore the property to productive use.
Delaware
In Delaware, the state’s Department of Natural Resources and Environmental
Control regulates environmental cleanups under the Hazardous Substances and
Cleanup Act, administered through the Division of Air and Waste Management.
Responsibilities of this Division include air monitoring, permitting and
compliance, hazardous waste management, and underground storage tanks. The
evaluation and remediation of hazardous sites is conducted through the
oversight of the Site Investigation and Restoration Branch, which also
manages state and federal Superfund sites.
New York
The New York State Department of Environmental Conservation (NYSDEC) manages
environmental cleanup. The Division of Environmental Remediation and the
Division of Solid and Hazardous Waste Management manage cleanup efforts
throughout the state. Efforts are underway to improve the state’s remedial
programs, including incorporating financial incentives and liability
protection for environmental cleanups. New York State has a voluntary
cleanup program designed to encourage site remediation and redevelopment.
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