Presentation at Delaware Brownfields Conference emphasizing long-term stewardship and need for continued care of sites after risk-based cleanups

1. 2006 Delaware
Brownfields Conference
James D. Werner
Air & Waste Management Division Director
Delaware Department of Natural Resources
& Environmental Control

36. 320 A Street

41. Former NVF,
now “Timothy’s” Restaurant
- Newark, along White Clay Creek

42. Former NVF - Newark

43. Dogfish Head Beer Brewery
& WBOC, Milton

50. Pusey Scott “Morocco Factory” -Third & Madison St.

51. Historic Tanneries
of
Wilmington, DE

53. The Future
 Pursue “One Cleanup” program:
RCRA, CERCLA, Brownfields, VCP, UST
 Grow the program: attract more sites
- Active marketing downstate too
- Support Livable Delaware
 Develop program baseline:
scope, schedule & estimated costs
 Develop LTS program
– Ensure remedies are sustainable
– Not just Institutional Controls

54. Long Term Stewardship
 Risk based cleanup
implies residual
contamination
 May not be safe for
some uses
 Commercial and
industrial sites
 Land use, access to
contaminants must
be controlled to
prevent exposure

57. When LTS Goes Bad
“Prior to the delivery of this instrument of conveyance, the grantee
herein has been advised by the grantor that the premises above
described have been filled, in whole or in part, to the present grade
level thereof with waste products resulting from the manufacturing of
chemicals by the grantor at its plant in the City of , and
the grantee assumes all risk and liability incident to the use thereof.
It is therefore understood and agreed that, as a part of the
consideration for this conveyance and as a condition thereof, no
claim, suit, action or demand of any nature whatsoever shall ever be
made by the grantee, its successors or assigns, against the
grantor, its successors or assigns, for injury to a person or
persons, including death resulting therefrom, or loss of or damage to
property caused by, in connection with or by reason of the presence
of said industrial wastes. It is further agreed as a condition hereof
that each subsequent conveyance of the aforesaid lands shall be
made subject to the foregoing provisions and conditions.”

58. Love Canal
 Hooker used a good
cap
 Tried to control
future use with deed
notice
 Cap breached within
4 months of sale by
School Board, later
by city sewer
department
 Architect and
contractor unaware
of conditions
 Lesson: Institutional
controls failed!!

59. Long Term Stewardship
Sure hope
someone
remembers
where we
put this stuff!
Idaho National
Engineering Laboratory
(INEL)

60. Changing the Way We Think
About Institutional Controls

62. Typical LTS Methods
 Engineered Controls
– Soil Caps, Vapor Barriers,Groundwater
Barriers
– Site Access Controls
 Institutional Controls
– Restrictive Covenants (UECA)
– Deed Notices
– Soil Management Plans
– O&M Plans

63. Elements of
Long-term Environmental Stewardship:
• Site surveillance and maintenance operations,
• Application and enforcement of institutional controls,
• Information management, and
• Environmental monitoring.
Sandia National Laboratories, LTES 2000

64. Components of LTS* (NAS 2000)
• Institutional Controls (Land Use Controls)
• Conducting Oversight And Enforcement
• Gathering, Storing And Retrieving Information
• Disseminating Information
• Periodic Reevaluation Of Site Protective System
• Cultivating New Remediation Options And Developing Better
Understanding Of Site Contaminant Behavior
*NAS cited as “third Leg” of stool along with
1. Contaminant Reduction and 2. Contaminant Isolation

69. Questions ?

71. Events over Time
While Contaminants Still
Harmful*
Today’s Decisions and Conditions Desired Outcome
No Threshold
Agency Cleanup Exposure While
Decision Contaminants
Still Harmful
*These can foil the selected remedy, resulting
in harm to Human Health or the Environment

72. Events over Time
While Contaminants Still
Harmful*
Today’s Decisions and Conditions Desired Outcome
Government Enforcement Change in Law
Agency Controls
Controls and Permit
Tools
Land Use
Change
Informational
Proprietary Tools
Controls
Introduction of
New
Receptors
No Threshold
Agency Cleanup Exposure While
Decision Contaminants
Geologic/Meteorological
Change or Event Still Harmful
Private Sector Controls
Private Sector
List Services Demographic
Shifts Engineered
Controls
Fail
Industry Standards/
Responsible
Business Practices
Behavior By
Rational
Human Beings Change in
Civilization
*These can foil the selected remedy, resulting
in harm to Human Health and the Environment

73. Events over Time
While Contaminants Still
Harmful*
Today’s Decisions and Conditions Desired Outcome
Change in Law
Land Use
Change
Introduction of
New
Receptors
No Threshold
Agency Cleanup Exposure While
Decision Contaminants
Geologic/Meteorological
Change or Event Still Harmful
Demographic
Shifts Engineered
Controls
Fail
Change in
Civilization
*These can foil the selected remedy, resulting
in harm to Human Health or the Environment

74. Events over Time
While Contaminants Still
Harmful*
Today’s Decisions and Conditions Desired Outcome
Change in Law
Land Use
Change
Introduction of
New
Receptors
No Threshold
Agency Cleanup Exposure While
Decision Contaminants
Geologic/Meteorological
Change or Event Still Harmful
Private Sector Controls
Private Sector
List Services Demographic
Shifts Engineered
Controls
Fail
Industry Standards/
Responsible
Business Practices
Behavior By
Rational
Human Beings Change in
Civilization
*These can foil the selected remedy, resulting
in harm to Human Health or the Environment

75. Events over Time
While Contaminants Still
Harmful*
Today’s Decisions and Conditions Desired Outcome
Government Enforcement Change in Law
Agency Controls
Controls and Permit
Tools
Land Use
Change
Informational
Proprietary Tools
Controls
Introduction of
New
Receptors
No Threshold
Agency Cleanup Exposure While
Decision Contaminants
Geologic/Meteorological
Change or Event Still Harmful
Private Sector Controls
Private Sector
List Services Demographic
Shifts Engineered
Controls
Fail
Industry Standards/
Responsible
Business Practices
Behavior By
Rational
Human Beings Change in
Civilization
*These can foil the selected remedy, resulting
in harm to Human Health and the Environment

77. Brownfield

78. Browns Field