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SPILLS
By: Ann M. Catino
Halloran & Sage LLP
June 16, 2016
For The Connecticut
Business & Industry
Association
RECENT
HISTORIC
WHAT TO DO???
Presenters
Ann Catino – Halloran & Sage – Historic / SEH
 Mike Ainsworth – HRP – Recent
 Hugo DelRosso – US Ecology – Clean it UP !

HISTORIC – Significant
Environmental Hazards (SEH)
Effective – October 1, 1998 – § 22a-6u
 Amended – July 1, 2015 - PA 13-308


What happened in 2015?
SEH - WATER
Presence of pollution that may affect a
public or private drinking water well
 Groundwater above GWPC within 500 feet
upgradient or 200 feet in any direction of a
drinking water well
 Groundwater discharging to surface water
with the potential for short-term risk to
aquatic life
 Groundwater near a building w/ risk to
indoor air

SEH – SOIL & VAPORS
Soil within two feet of the surface with the
potential for short-term risk to people
having direct contact
 Vapors in soil or water with the potential to
result in an explosion

WHO REPORTS?
Technical Environmental Professionals (TEPs
include but are not limited to LEPs) notify
TEP client & Property owner (if not same)
 Owner / TEP Client

Owner should make the report (for drinking
water well contamination – owner of source)
 TEP client reports if owner does not
 No independent reporting to DEEP by TEP


Exceptions to Reporting – No
Notice to DEEP by Owner
If within 90 days:
Hazard is abated by treating or disposing of soil
 Soil is inaccessible under RSRs
 Soil Is remediated under RSRs
 Lead pollution& enrolled in local hlth dept prog
 For surface water –if reported to DEEP within
the preceding year & same condition


VOCs near building – soil vapor below 10x
RSRs, indoor air monitoring occurs, bldgs
not occupied, chemical is subject to OSHA
EXCEPTIONS

Notice to owner by TEP not required:
Use is residential & pollution is a listed organic
compound listed in 22a-6u or is TPH
 Fenced, paved & contamination is metals or PCB
< 30x I/C w/in 300 feet of a residence, school,
park, playground or day care

WHEN TO REPORT

Drinking Water above GWPC or NAPL
TEP Action: 24 hours
 Owner: Verbally to DEEP 24 hrs; in writing 5 days
 TEP Client: Within 7 days if Owner fails to Notify


Drinking Water Has Contamination
TEP Action: 7 days
 Owner: 30 days thereafter

When to Report

Surface Soil above hazard criteria
TEP Action: 7 days (exceptions may apply)
 Owner: 90 days unless lead paint


VOCs above hazard criteria in GW under bldg
TEP Action: 7 days
 Owner: In writing 30 days unless further evaluated
as not a hazard, building vacant, chemical
regulated as OSHA use, or indoor air monitoring
implemented

When to Report

Surface Water Threatened by GW above
hazard criteria
TEP Action: 7 days
 Owner : In writing 30 days unless written rpt in
preceding year & verbal notice 1 day after
becoming aware NAPL entered surface water
unless reported to spills unit


Drinking water well threatened
TEP Action 7 days
 Owner: 30 days thereafter


Explosion Hazard – IMMEDIATELY by both
Obligations For Clean Up
Take an initial response to mitigate short
term risk
 Possibly Delineate the problem (factors for
DEEP consideration – who caused the
condition?)
 Clean up so that you would not have a SEH
reporting obligation
 Once complete, site may not be “clean”
 Mitigate / Abate Risk of Exposure

DEEP Website Link
http://www.ct.gov/DEEP/cwp/view.asp?a=2715
&q=324976&deepNav_GID=1626
Immediate / Emergency Reporting –
DEEP - 860-424-3338 or 1-866-DEP-SPIL
&
Local Fire Department
Ann M. Catino, Partner
Halloran & Sage LLP
One Goodwin Square
225 Asylum Street
Hartford, CT 06103
860-297-4682
[email protected]
www.halloransage.com