The Industrial Site Remediation Act (ISRA) is triggered through cessation of activity, a sale, or other change in ownership of an industrial property. Facilities with certain North American Industry Classification System (NAICS) codes are subject to ISRA. AESI’s Licensed Site Remediation Professionals (LSRPs) takes property owners through the ISRA process by preparing the required documents for submission to the New Jersey Department of Environmental Protection (NJDEP). These documents include the General Information Notice (GIN), which notifies the NJDEP of the ISRA trigger event; the Preliminary Assessment Report (PAR), which includes an inspection of the property to identify Areas of Concern (AOCs); and, the Site Investigation Report (SIR), should physical subsurface soil sampling be necessary to perform and report.
The primary ISRA report is typically the PAR. The purpose of the PAR is to identify, to the extent feasible, Areas of Environmental Concern (AOCs) and potential environmental liabilities associated with the property. The Preliminary Assessment is a site-specific investigation which includes conducting a thorough surficial inspection of the properties, including an evaluation of: facility operations, storage of hazardous substances, presence of transformers and underground storage tanks, and other information identifying recognized environmental concerns at the properties, if any. The assessment is performed in conformance with the New Jersey guidelines for Preliminary Assessments (N.J.A.C. 7:26E-3.1). The major document components of the PAR are as follows:
AESI’s Environmental Questionnaire and Disclosure Statement for environmentally sensitive activities known to the present owners and/or occupants of the properties. The Questionnaire and Disclosure Statements is to be completed by owner/seller at the request of the buyer. This form requests reasonably ascertainable information relating to recorded land title records which identify environmental liens against the properties, as well as any other knowledge or experience of the owners/occupants that is material to areas of potential environmental concern connected with the subject properties.
Property chain of title documents provided to AESI by the client for obvious ownership which may have had adverse environmental implications. These documents include all deeds, easements, leases, restrictions, covenants and cleanup liens since 1940.
Historical information (as available), such as aerial photographs, fire insurance maps, etc., to evaluate the historical use of the site as well as properties in the surrounding area for a minimum of 50 years. In urban areas, fire insurance coverage is typically available for 100 years.
Other documents provided to AESI by the client/land owners including: site plans, previous environmental assessment reports, environmental permits, underground and/or aboveground storage tank (UST/AST) registrations, safety plans, material safety data sheets (MSDS), community right-to-know documents, hydrogeologic and/or geotechnical reports, environmental violations/notices and hazardous waste generator notices or reports.
Environmental information obtained from Federal, State and local sources to determine if there are any adverse activities affecting, or potentially affecting the sites.
Should the PAR require further investigation and a Site Investigation (SI) be performed that finds environmental contamination, additional investigation and remediation may be warranted. Should the further investigation or remedy be more than a simple single-phase process, ISRA requires that the identified responsible party, typically the owner, post a Remediation Funding Source (RFS). Owners and operators of an industrial establishment subject to ISRA must establish an RFS and submit it with a HYPERLINK “http://www.state.nj.us/dep/srp/rfs/remcert.htm” Remediation Certification prior to the sale or transfer of ownership or operations of the industrial establishment. An RFS is also required, if not already established, upon an LSRP’s certification of a remedial action work plan.