The Case of the Missing Standard: Dealing with Unregulated Contaminants

22 Jul The Case of the Missing Standard: Dealing with Unregulated Contaminants

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On rare occasions, ESA encounters actionable groundwater impacts caused by an unregulated contaminant for which there is no existing New Jersey Department of Environmental Protection (NJDEP) soil standard. Typically, this would be a contaminant deemed to be non-carcinogenic and/or that does not pose an elevated environmental or human health risk. Ammonia is one such contaminant and, as it so happens, ESA is currently working on a project in which ammonia was detected in the groundwater at the site. This being the case, a standard must be established using strict NJDEP protocols to demonstrate that the ammonia does not pose a risk. While fully describing the complexity of such protocols is beyond the scope of this article, what follows is a general outline of the steps necessary to satisfy NJDEP requirements.

Identifying the Source of Contamination

NJDEP requires that actionable groundwater impacts be traced back to a source. A common source  is the soil overlying and surrounding the groundwater impacts. The cause of the impacts may be either manmade or naturally occurring.

The NJDEP Technical Consultation

If a source is unable to be identified and the material does not appear to be part of the naturally occurring background, ESA may request a Technical Consultation with the NJDEP. The outcome of the Technical Consultation will determine if an interim soil remediation standard must be developed for the site or a specific area of concern (AOC). If the NJDEP decides that an interim soil remediation standard is warranted, then site-specific and AOC-specific standards will be calculated using NJDEP-prescribed methods.

A Proactive Strategy

To avoid delays and to minimize the compliance timeline, ESA’s proactive strategy in such cases is to calculate a recommended standard prior to the NJDEP Technical Consultation. While there is no guarantee that the proposed standard will be accepted, this strategy has allowed ESA to successfully guide numerous clients through this complex process. Through experience, ESA knows that the NJDEP responds positively to environmental consultants who are able to accurately anticipate the NJDEP’s needs and reduce time to compliance.

A Positive Outcome

The key benefit to ESA’s strategy is this: The NJDEP rarely requires any additional soil remediation following a Technical Consultation that properly demonstrates that the investigation of an identified unregulated contaminant was completed pursuant to the NJDEP’s Technical Requirements for Site Remediation. If you know of or suspect the presence of an unregulated contaminant on your property, allow ESA to advocate on your behalf for a positive outcome with the NJDEP.