Superfund Liability Management
700-acre Executive Airport
Monmouth County, New Jersey
Owners of this Airport Complex planned a divestiture of the property and retained K&A key personnel to assess management strategies to address an NPL Site liability caused by a former tenant operation on a portion of the complex. EPA completed a remedial investigation and issued a Record of Decision specifying a preferred remedy. EPA initiated legal action against the owners to recover incurred costs and future costs to implement the remedy.
To assist the owner respond to the EPA claims, K&A key personnel directed forensic analysis of the groundwater plume causation, contractor investigation methods, remedial technology evaluations, incurred study costs and remedial costs for the preferred remedy, in-site bio-remediation. Technical position papers were prepared to support legal counsel negotiations with USEPA and the Justice Department.
The results of the forensic analyses performed by several consultants to the owner successfully demonstrated:
1. An alternative source for the groundwater impacts.
2. A more focused remedial strategy.
3. Realistic incurred costs.
4. Turnkey remediation methods and fixed cost option that would be implemented by the owner.
The findings assisted legal counsel effectively manage the NPL Site liability through negotiations and later litigation .
Superfund Site Acquisition and Redevelopment
Morris County, N.J.
The host community planned to acquire this closed NPL landfill site and then lease the surface for construction and operation of a 17 MW solar plant.Key issues of concern for the community were:
Potential Environmental Liability as the owner.
Resolution of an Environmental lien for incurred remedial costs.
Landfill cap suitability for solar array installation.
The status of the landfill cap,venting and drainage systems and risk of repairs.
Potential Wetlands constraints on developing a significant portion of the existing cap.
The market perception of site redevelopment constraints as an NPL site.
The host community selected K&A to provide consulting services to develop a regulatory pathway to mitigate concerns regarding environmental liability under NJDEP & USEPA statutes. Agency meetings were held to present the host community plans and to discuss a viable approach to achieving "innocent purchaser" status. The NJDEP prvided an update on the landfill cap, venting and drainage systems and a groundwater discharge. The agency also provided Incurred and future costs that could be negotiated to facilitate lien resolution. With respect to the Wetlands issue, the agency gained an appreciation for how the stored water on the cap could affect project feasibility. NJDEP agreed to rely on the Solid Waste Regulations to take precedence over the Wetlands Regulation. The Solid Waste regulations stipulate that standing water on a landfill cap is not permitted. Consequently, the current water body could be filled to restore cap drainage. NJDEP offered support for cap grade improvements to eliminate effects of differential settlement that has adversely affected landfill drainage . Additional meetings will focus on state and federal incentives to support the landfill redevelopment
The Agency meeting results and K&A consulting recommendations provided clarification on the key issues of concern for the host community. Consequently, the project can advance toward acquisition using regulatory strategies develop identified in this assignment.