PROBLEM:

A New York City real estate developer entered into the New York State Department of Environmental Conservation (NYSDEC) Brownfield Cleanup Program (BCP) via a Brownfield Cleanup Agreement (BCA).  The goal was to achieve the New York “Track 4” cleanup standard and remediate the site to Restricted Use Soil Cleanup Objectives (RUSCOs) that would allow for eventual mixed use development, including residential housing.  The site was located within an old industrial section and historically operated as an ink factory, varnish works, and metal casting facility.  The site was underlain by urban fill materials, and also had a former chemical tank farm.  Soil and groundwater were impacted by metals, polynuclear aromatic hydrocarbons (PAHs), and volatile organic compounds (VOCs). 

The developer entered into EWMA's SECUR-IT® program to lock in the remediation cost and perform the remediation with an environmental insurance policy to account for unknown contaminants that could be encountered during the remediation. 

The remediation included excavation of impacted soils to the top of groundwater, and the removal of Non-Aqueous Phase Liquid (NAPL) contaminants via extraction and/or treatment in the perched groundwater unit and the lower sand groundwater unit coming from an off-site source.  NYSDEC unexpectedly required the remediation be completed using a tent structure, vapor management equipment, and NAPL remedial equipment.  Because the remediation was performed with a SECUR-IT® insurance policy, costs associated with the additional requirements were covered under the policy with no additional cost the property owner.  The Final Engineering Report and Site Management Plan were approved by NYSDEC, and the site received a Certificate of Completion.  The remediation was completed on time, with no negative impacts to the surrounding community, and the property redevelopment to mixed-use residential and retail space proceeded as planned.