[HISTORY: Adopted by the Township Committee of the Township of Elk 11-20-2007
by Ord. No. O-2007-17. Amendments noted where applicable.]
A.
The purpose of the Phase I Environmental Site Assessment
(ESA) is:
(1)
To assess past and present land use practices, site operations
and conditions;
(2)
To identify the potential presence of hazardous substances,
soil and/or groundwater contamination and/or pesticides at the site which
may pose hazards to human health or public safety, jeopardize or degrade the
environmental quality of the property and Township, and/or impact the property
value; and
(3)
To limit liability claims exemptions from "innocent landowners"
following acquisition.
B.
The objective of the ESA is to evaluate potential environmental
hazards or liabilities associated with a property which may adversely impact
the proposed use and/or safe occupancy of a particular property(ies), neighboring
properties, or the public welfare in general.
A Phase I Environmental Site Assessment, performed by an environmental
professional licensed in New Jersey, along with a Phase I Environmental Site
Assessment report, shall be required for submission to the Township with the
land development application for any site plan or major subdivision, and for
any property to be dedicated/donated to the Township.
The Phase I Environmental Site Assessment report shall be prepared in
strict accordance with the ASTM Standard E 1527-05, or the most current edition
thereof.
In accordance with the ASTM standard and the local customary practice,
all requirements for the ASTM Standard E 1527-05, or the most current edition
thereof, must be contained within the Phase I Environmental Site Assessment
report. This report shall be submitted in the following format and must, at
a minimum, include the following items:
A.
Introduction. This section of the report should address
the purpose of the investigation, when and by whom the work was authorized,
the scope of services for the project, a brief summary of the report and the
date the work was performed.
C.
Site assessment information.
(1)
Documentation of all interviews conducted, including
name, title, date, time and contact information for the property owner/key
site manager; and official from the County Health Department, and official
from the local Fire Department and any neighbors interviewed.
(2)
An evaluation of the health and environmental risks of
the site, including but not limited to any potential contaminants that exist
and remain in and around the site.
(3)
Likely pathways that the contaminants may move.
(4)
Potential risks to the environment and human health that
exist along the migration pathways.
D.
Due diligence information.
(1)
A summary of a review of all open public records with
respect to the site, including records available under the Open Public Records
Act.
(2)
A summary of a review of the file located at the local/County
Health Department.
(3)
A site sketch/survey plan, including locations of all
known environmental conditions, unless these items are clearly depicted on
the site survey of the development application.
E.
Historical pesticide information. In accordance with
NJDEP Guidance Document "Findings and Recommendations for the Remediation
of Historic Pesticide Contamination, Final report March 1999," and due to
the agriculture nature of the Township, historic herbicide and pesticide investigations
are required for all sites where current use is agricultural or historical
records show prior agricultural use of the property. For all sites in which
soil is found to not comply with or meet NJDEP standards, a letter of no further
action is required to be submitted to the Township.
F.
Insurance coverage. The firm or individual conducting
the Phase I Environmental Site Assessment shall carry at a minimum $1,000,000
in professional liability insurance and $1,000,000 in pollution liability
insurance coverage. This insurance policy must include the Township of Elk
and its consultants designated as additional insured entities. A valid, current
certificate of this coverage shall be included along with the Phase I Environmental
Site Assessment report.
G.
Certification.
(1)
The Phase I Environmental Site Assessment report shall
include a statement as follows: "(Name of the environmental professional)
has performed this Environmental Assessment with due diligence. It is complete
and accurate within its scope. To the best of our knowledge, no recognized
environmental condition associated with the subject property has been misrepresented
or omitted from this report."
(2)
The above statement should be signed by the principal
of the environmental professional who performed the assessment.
H.
Indemnification. The Phase I Environmental Site Assessment
report shall also include the following statement: "The Applicant hereby indemnifies
the Township of Elk, its affiliates and appointed consultants against any
liability, loss, expense, lien, claim, demand, and cause of action of every
kind including fines or penalties, attorneys' fees, and other costs that
result from activities associated with the findings of this Environmental
Site Assessment."
I.
Waiver. All requests for waiver of requirement of the
Phase I Environmental Site Assessment must be forwarded to the Planning and
Zoning Board and the Environmental Commission for their recommendations. The
request for waiver shall include justifications for relieving the requirements.
The Planning and Zoning Board shall take the recommendation of the Environmental
Commission into consideration in granting any waiver requests. The application
shall be considered incomplete unless and until the recommendations of the
Environmental Commission have been forwarded to the reviewing board.
J.
Conclusions and recommendations. This section should
summarize the findings of the investigation and make all appropriate recommendations
for further investigation or corrective action at the site, including the
anticipated costs of all necessary curative actions. Any recommendation for
no curative action must be supported by the investigative findings.
A.
Upon review of the Phase I Environmental Site Assessment
report by the Planning and Zoning Board, the Environmental Commission, and
their consultants, as the case may be, and upon the recommendation of said
consultants and Environmental Commission, the Planning and Zoning Board, in
its discretion, may require additional studies, tests or environmental treatments
and remedies as may be determined to be reasonably required or necessary to
confirm the applicant's report and conclusions or for the environmental
remediation, safety and security of the site. These may include but are not
limited to Phase II environmental investigations, cleanups or other remedies.
Such additional review and/or tests shall be paid for by the applicant. If
the Planning and Zoning Board undertakes such additional reviews and/or tests,
such shall be chargeable in accordance with the escrow agreement entered into
with the Township or the Planning and Zoning Board.
B.
If deemed necessary, the Township may retain the services
of an environmental consultant/expert to review data submitted by an applicant,
with such services being paid for by the applicant via the application's
escrow account.
