Regulatory Re-Opener at Apartment Complex

Source: Great American Environmental Division, May 2013
An owner of an apartment complex constructed in 1998 discovered that the apartment was built on previously contaminated property. The historical use of the site included a gas station. Prior to construction of the apartment complex, the Underground Storage Tanks were removed and 22,000 tons of contaminated soil were excavated. A No Further Action letter was received from the State. In 2012, the owner received a letter from the State Department of the Environment (DOE) explaining that the case had been reopened. The re-opener required the owner to hire an environmental consultant to review the details of the past clean-up activities in light of new groundwater and soil vapor regulations. The review was submitted to the DOE who determined additional sampling of the groundwater and soil vapor would he required. DOE required two additional wells to he installed and sampled on a quarterly basis. Total costs to date exceed $93,000.

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