Re: [CPEO-BIF] Vapor intrusion at new Bronx school

[Lenny Siegel <lsiegel@cpeo.org>]

Submitted by Neal Frink <NFRINK@DINSLAW.com>

I'm not sure why prophylactic measures are not more frequently
incorporated into reuse/redevelopment of impacted properties.  I've been
involved two sites where protection against POTENTIAL vapor intrusion
was addressed in the design phase for new buildings on re-use sites.
Both were adjacent to dry cleaner sites with residual groundwater
contamination slowly being addressed by PRPs.  Conservative modeling
(pre-build) showed POTENTIAL vapor intrusion risks.  To address, both
properties were built on slab with passive barrier systems that could be
monitored and actively vented if post-construction monitoring showed the
need.  This "precautionary" approach increases cost somewhat, but it
also reduces downstream human health (and therefore financial) risk.  In
one case, my client (who is developing urban condos) settled with the
neighbor PRP for the cost of the barrier/abatement system and
monitoring.  This creative solution worked for the PRP because they
could then show that the groundwater-soil vapor-indoor air pathway was
incomplete, at least as to the immediate downgradient neighbors.  Oh,
and it resolved some threatened litigation as well.  ;)

This prophylactic or precautionary approach helps manage risk and allow
re-use of properties while longer term remediation (whether active or
monitored NA) of the underlying contamination advances.  Seems like a
good tool to have in the toolbox, particularly in light of the Bronx
High School example.

Neal Frink
Dinsmore & Shohl LLP
1900 Chemed Center
255 East Fifth Street
Cincinnati, OH 45202

(513) 977-8359
(513) 977-8141 (paper fax)
(513) 744-3168 (e-fax)



-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org
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