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Chart #8: 

CONSULTANT SIGN-OFF AUTHORITY

 

NY

(1994)

MD

(1997)

MA

(1998)

MI

(1995)

NJ

(1998)

PA

(1995)

 

 

* Remed-ial action reports must have certification by a state- registered professional engineer that the remedy can achieve the cleanup goals—based on the remedy selection factors of ECL § 375-1.10(c).

* The NY Bond Act requires plans to be sealed by a professional engineer.

 

 

 

* The cleanup volunteer and his consul-tants choose the appro-priate cleanup standard or standards, subject to MDE review and approval.

* Karl Kalbach doesn't think LSPs should replace agency staff because "you need someone with the guts to make decisions and to make them quickly."

*Increased VCP partici-pation by 33% in 2001 w/o LSPs.

 

* A Licen-sed Site Profess-ional (qual-ified by appropriate education, training and experience) hired by the project pro-ponent con-ducts an analysis of the prop-erty’s cond-ition, deter-mines the appropriate approach to cleanup, oversees and imple-ments the cleanup, and en-sures com-pliance with environmen-tal laws.  (c. 21A, sect. 19).

*Overseen by a private  LSP Board.

*Statute requires MassDEP to audit 20% of these cleanups.

* Only about 1% of audited sites are found to require more work.

* Use of LSPs has increased the number of cleaned up sites by 14-fold.

 

* Private Contractors Pilot Prog-ram —pub-licly funded projects which were managed by private contractors, but subject to MDEQ oversight.

*Most MDEQ-lead projects use private contrac-tors on the state’s LOE contractor list.

*Even where an environ-mental consultant may carry out resp-onse activi-ties at a facility for a private party w/o MDEQ in-put, final approvals (with resol-ution of lia-bility) can only come from MDEQ.

 

* Implement-ation of presumptive remedies (e.g. for historic fill) does not require separate DEP approval, but requires DEP pre-approval and oversight..

* NJ gives the volunteer and its consultants a lot of flexibility in selecting cleanup stds. and objectives, subject to NJ DEP oversight.

*All persons who provide services on USTs must be certified by DEP in one or more particular classification(s).

*All remediation contractors must per-form the remediation in accordance w/ the Technical Requirements for Site Remediation.  Certain activities require certifi-cation by a NJ licensed engineer.

*Unrestricted use remedial actions and U-U soil remedial actions can be con-ducted where appro-priate w/o DEP oversight provided the duration of the remedy does not exceed 5 yrs. and provided the Technical Regs. are followed. But all remedial actions involving GW or SW require DEP approval and oversight.

 

* For each of the three types of cleanup endpoints, “interpretations of geologic and hydrogeologic data must be prepared by a professional geologist licensed in this Common-wealth.”

* Demonstra-tion of attain-ment in the final report, where pathway elimination is part of the remediation, shall be on the basis of either an engineering or a hydroge-ologic analysis, or both.

* The person implementing Engineering Controls shall ensure ongo-ing achieve-ment of the performance stds. in order to maintain attainment.

* The Key Sites Initiative uses state-funded contractors to conduct environ-mental site assess-ments and prepare plans to encourage and facilitate the voluntary cleanup and reuse of abandoned industrial properties in prime locations having the greatest potential for reuse—as selected by EDAs and DEP.

*The Environ-mental Guard-ian Trust pro-gram will oversee (on a fee-for-service basis as a non-profit entity) long-term steward-ship of ICs and ECs and other post-remed-iation respon-sibilities (w/o direct DEP involvement).