James D. WernerAir & Waste Management Division Director

Delaware Department of Natural Resources & Environmental Control

2006 DelawareBrownfields Conference

320 A Street

Former NVF,

now “Timothy’s” Restaurant

- Newark, along White Clay Creek

Former NVF - Newark

Dogfish Head Beer Brewery

& WBOC, Milton

Pusey Scott “Morocco Factory” -Third & Madison St.

Historic Tanneries

of

Wilmington, DE

The Future

Pursue “One Cleanup” program:

RCRA, CERCLA, Brownfields, VCP, UST

Grow the program: attract more sites

- Active marketing downstate too

- Support Livable Delaware

Develop program baseline:

scope, schedule & estimated costs

Develop LTS program

– Ensure remedies are sustainable

– Not just Institutional Controls

Long Term Stewardship

Risk based cleanup implies residual contamination

May not be safe for some uses

Commercial and industrial sites

Land use, access to contaminants must be controlled to prevent exposure

“Prior to the delivery of this instrument of conveyance, the grantee herein has been advised by the grantor that the premises above described have been filled, in whole or in part, to the present grade level thereof with waste products resulting from the manufacturing of chemicals by the grantor at its plant in the City of , and the grantee assumes all risk and liability incident to the use thereof. It is therefore understood and agreed that, as a part of the consideration for this conveyance and as a condition thereof, no claim, suit, action or demand of any nature whatsoever shall ever be made by the grantee, its successors or assigns, against the grantor, its successors or assigns, for injury to a person or persons, including death resulting therefrom, or loss of or damage to property caused by, in connection with or by reason of the presence of said industrial wastes. It is further agreed as a condition hereof that each subsequent conveyance of the aforesaid lands shall be made subject to the foregoing provisions and conditions.”

When LTS Goes Bad

Love Canal Hooker used a good

cap

Tried to control future use with deed notice

Cap breached within 4 months of sale by School Board, later by city sewer department

Architect and contractor unaware of conditions

Lesson: Institutional controls failed!!

Long Term Stewardship

Sure hope

someone

remembers

where we

put this stuff!

Idaho National

Engineering Laboratory

(INEL)

Changing the Way We Think About Institutional Controls

Typical LTS Methods

Engineered Controls

– Soil Caps, Vapor Barriers,Groundwater Barriers

– Site Access Controls

Institutional Controls

– Restrictive Covenants (UECA)

– Deed Notices

– Soil Management Plans

– O&M Plans

Elements of

Long-term Environmental Stewardship:

• Site surveillance and maintenance operations,

• Application and enforcement of institutional controls,

• Information management, and

• Environmental monitoring.

Sandia National Laboratories, LTES 2000

Components of LTS* (NAS 2000)

• Institutional Controls (Land Use Controls)

• Conducting Oversight And Enforcement

• Gathering, Storing And Retrieving Information

• Disseminating Information

• Periodic Reevaluation Of Site Protective System

• Cultivating New Remediation Options And Developing Better

Understanding Of Site Contaminant Behavior

*NAS cited as “third Leg” of stool along with

1. Contaminant Reduction and 2. Contaminant Isolation

Questions ?

Today’s Decisions and Conditions Desired Outcome

Agency Cleanup

Decision

No Threshold

Exposure While

Contaminants

Still Harmful

Events over Time

While Contaminants Still

Harmful*

*These can foil the selected remedy, resulting

in harm to Human Health or the Environment

Today’s Decisions and Conditions

Events over Time

While Contaminants Still

Harmful*

Desired Outcome

Agency Cleanup

Decision

No Threshold

Exposure While

Contaminants

Still Harmful

Land Use

Change

Introduction of

New

Receptors

Geologic/Meteorological

Change or Event

Change in Law

Change in

Civilization

Demographic

Shifts Engineered

Controls

Fail

Government

Controls

Proprietary

Controls

Enforcement

and Permit

Tools

Informational

Tools

Responsible

Behavior By

Rational

Human Beings

Private Sector

List Services

Industry Standards/

Business Practices

Agen

cy C

ontr

ols

*These can foil the selected remedy, resulting

in harm to Human Health and the Environment

Pri

vat

e S

ecto

r C

ontr

ols

Today’s Decisions and Conditions

Events over Time

While Contaminants Still

Harmful*

Desired Outcome

Agency Cleanup

Decision

No Threshold

Exposure While

Contaminants

Still Harmful

Land Use

Change

Introduction of

New

Receptors

Geologic/Meteorological

Change or Event

Change in Law

Change in

Civilization

Demographic

Shifts Engineered

Controls

Fail

*These can foil the selected remedy, resulting

in harm to Human Health or the Environment

Today’s Decisions and Conditions

Events over Time

While Contaminants Still

Harmful*Desired Outcome

Agency Cleanup

Decision

No Threshold

Exposure While

Contaminants

Still Harmful

Land Use

Change

Introduction of

New

Receptors

Geologic/Meteorological

Change or Event

Change in Law

Change in

Civilization

Demographic

Shifts Engineered

Controls

Fail

Responsible

Behavior By

Rational

Human Beings

Private Sector

List Services

Industry Standards/

Business Practices

Pri

vat

e S

ecto

r C

ontr

ols

*These can foil the selected remedy, resulting

in harm to Human Health or the Environment

Today’s Decisions and Conditions

Events over Time

While Contaminants Still

Harmful*Desired Outcome

Agency Cleanup

Decision

No Threshold

Exposure While

Contaminants

Still Harmful

Land Use

Change

Introduction of

New

Receptors

Geologic/Meteorological

Change or Event

Change in Law

Change in

Civilization

Demographic

Shifts Engineered

Controls

Fail

Government

Controls

Proprietary

Controls

Enforcement

and Permit

Tools

Informational

Tools

Responsible

Behavior By

Rational

Human Beings

Private Sector

List Services

Industry Standards/

Business Practices

Agen

cy C

ontr

ols

*These can foil the selected remedy, resulting

in harm to Human Health and the Environment

Pri

vat

e S

ecto

r C

ontr

ols

Brownfield

Browns Field