Re: [CPEO-BIF] Report from the All Appropriate Inquiry October meeting

[Peter Strauss <petestrauss1@comcast.net>]

Lenny:

I have several comments that I hope you can relay to the Committee.

First, as for your last point about public notification, I think the rule
has to be explicit.  The way many assessments are done with suspect
properties is that rather than the have potential developer hire the
consultant, it hires a lawyer who in turn hires the consultant.  Findings of
the consultant are then protected as attorney work product.  With a good law
firm this information may be very difficult to release.  The lawyer, in
turn, may or may not have a duty to report under existing laws, as the
information is attorney-client privilege.  This is a conundrum that I hope
the Committee can air out and resolve.

Second, regarding the definition of environmental professional, it is
unnecessary to require a license to gather information to address the seven
"goals" that you laid out.  I think that almost any intelligent person with
some research skills can do all the work necessary.  In practice with large
consulting firms, a research associate would do all of the work and perhaps
someone with a "stamp" would take a final look at it and stamp it.  It just
ain't rocket science to look at city and county records, state records, etc.
However, when it comes to recommending locations for additional samples,
someone with specific knowledge about soils, soil chemistry, geology and/or
hydrology may be needed.  Quite awhile ago (the mid-80s), when I was doing
property assessments for real-estate transactions, I always teamed with a
consulting engineer if we got to the point of recommending locations for
additional samples.  This would be difficult for the "research associate" to
do.  So I think that if you get to the point of recommending samples, a
"stamp" or certification may be needed.

I think that some discretion should be given to the environmental
professional about the issue of distance.  However, I think that he/she
should document why certain distances are chosen.  A perfect example is your
point about MTBE.  This was added to gasoline in the early 1990's, and by
the mid-90s made up to 11% of the gasoline product.  So one could choose
short distances for those neighboring tanks closed before MTBE was produced,
and longer distances to those where it was known that MTBE was used.

Peter Strauss

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