The two most commonly used tools in the evaluation (and valuation) of environmental liabilities associated with transactions are the Phase I Site Assessment and the Compliance Audit. But it is important for those involved in a property or financial transaction to note the differences between each, as well as their respective strengths and shortcomings.

Problems Landlords Experience with Dry Cleaner Tenants
By Liz Davis
Environmental Waste Management Associates, LLC
Director, Site Assessment – Remedial Investigatory Services

For many owners of strip malls and small commercial buildings, one of the most common tenants is a dry cleaning establishment. The majority of dry cleaning establishments are cash-only, family-owned businesses and their tenancy represents a reliable, long-term source of income for the landlord.

In 2006, Kiddie Kollege Day Care Center was closed by New Jersey Department of Health and Senior Services (NJDHSS) because elevated levels of mercury were found in the children’s blood.  It was discovered the day care center had been operating on the former site of a mercury thermometer factory.  The how and why the center was allowed to be built are still being investigated.

By Kevin D. Orabone, P.G., Vice President
Published in Real Estate New Jersey, September 2007

Historically, the cleanup of properties contaminated with polychlorinated biphenyls (PCBs) in New Jersey was strictly governed by the New Jersey Department of Environmental Protection (NJDEP) under the Spill Compensation and Control Act (Spill Act) and the United States Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA).  Previously, the NJDEP and EPA applied a standard of 50 parts per million (ppm) as the maximum allowable, post-cleanup concentration of PCBs to be allowed to remain in place.  Subsequent to the June 29, 1998 implementation of the TSCA Mega Rule (40 CFR Part 761), both agencies may now allow concentrations of PCBs up to 100 ppm and higher to remain in place for cleanups involving historic spills of these compounds.

By Ajay Kathuria, P.E., Senior Project Engineer
Published:  Meadowlands USA, Summer 2007

In the past five years, “vapor intrusion” has evolved into an increasingly familiar term to the owners, operators, and prospective buyers of buildings in close proximity to shallow soil and/or ground water contamination with gasoline, solvents, and other mixtures of toxic volatile chemicals (collectively referred to as VOCs).  Since the United States Environmental Protection Agency’s (USEPA) first published guidance on this issue in 2002, state regulatory agencies across the United States have shown growing interest in this health concern, and have issued their own versions of the vapor intrusion guidance documents and/or strict regulatory requirements to address vapors in the buildings.

An article titled "Dewatering: Simple Steps Can Save Time and Money" by Christopher Martell, Project Manager at EWMA was published in the June 2007 edition of Commerce Magazine.  The article summarizes what EWMA has learned about dewatering from recent projects and the pitfalls to avoid when dewatering is part of an environmental remediation project.

"Challenges in Classifying Remediation Waste" appeared in the April 2007 edition of Commerce Magazine. The article, authored by Craig Gorczyca, Director of Operations and Waste Management Services for EWMA. There are many challenges today concerning the cleanup of contaminated sites. Some of the more obvious ones include time constraints, staying within established budgets and communicating with regulatory agencies to complete the cleanup. One of the not so obvious challenges concerning cleanups relates to waste classification – the characterization of wastes generated during remedial action for purposes of determining the proper manner and cost of disposal.

An article titled “How New Smart Growth Initiatives Impact Development in Bergen County” appeared in the February 11 - February 24, 2005 edition of the NJPA Real Estate Journal. The article was authored by Daniele Cervino, Vice President and General Counsel of EWMA.

An article titled “Toxic Vapor Intrusion: Vapor phase migration of volatile organic compounds” appeared in the January 14-27, 2005 edition of the NJPA Real Estate Journal. The article was co-authored by Ajay Kathuria, P.E., Senior Project Engineer and Christopher Richter, Technical Director, EWMA. More information regarding the publisher of NJPA Real Estate Journal can be obtained by visiting their website NJPA Real Estate Journal.

An article titled “New Environmental Insurance Products to Mitigate Environmental Risks” appeared in the November-December, 2004 edition of Commercial Lending Review. The article was co-authored by Daniele Cervino, Vice President and General Counsel of EWMA. More information regarding the publisher of Commercial Lending Review can be obtained by visiting their website CCH Tax and Accounting.