PRACTICAL APPLICATIONS TO MANAGE LIABILITIES ASSOCIATED WITH COMMUNITY SOIL REMEDIATION PROJECTS

Through use of a multi-site case study, participants will learn about numerous processes and potential pitfalls that should be considered for the successful implementation of off-site remedial activities. Liability can take many forms and this presentation will include many potential liability sources and what we, as environmental professionals, can do to limit those liabilities and make projects a success for our team.

As the on-site portions of Brownfields, Environmental Restoration Program, and related sites are being cleaned up, the management of off-site impacts is often the responsibility of the New York State Superfund program. Off-site cleanup involves multiple stakeholders, often including hundreds of private property owners. Dealing with the stakeholders is often more challenging than the technical aspects of the cleanup and comes with myriad liabilities that need to be addressed by proper management of the project and extensive communication with the entire team. Every decision about the extent of what will be done, how it will be done, when it will be done comes with some level of liability. It is important to plan ahead and consider risks to cost, schedule, and reputation. It is important to set rules early to provide consistency throughout project implementation, but the team must remain flexible to react to unpredictable or changing situations.

We will discuss lessons learned from multiple off-site soil remediation projects but focus on the Former Geneva Foundry in Geneva, New York. Former operations by the foundry resulted in air deposition of contaminants, primarily arsenic and lead, in the soil of the surrounding community. We will discuss the background and operational history of the site and the remedial objectives of the program, as well as step through the various project activities to discuss some of the risks we encounter and what we can do to mitigate those risks for the project owner, engineer, and contractor. We’ll discuss stakeholder engagement, pre-design data collection efforts, design procedures and considerations, construction elements and monitoring, and the importance of developing good working relationships with local municipal leaders and individual stakeholders in the project area.