Tainted Sites Get Added DEP Scrutiny; County Has Dirty Dozen

TRENTON — The Department of Environmental Protection (DEP) is stepping up enforcement on approximately 950 responsible parties who have failed to monitor and report on the condition of caps, areas of groundwater contamination, and status of deed notices as required under department-approved remediation plans, Commissioner Lisa P. Jackson announced Sept. 24.
“We realize that the state’s system that allows self-reporting for monitoring of these contaminated properties is broken, and we are taking the first steps toward fixing this,” Jackson said in a press release. “We are committed to using every enforcement tool available to bring these responsible parties into compliance as promptly as possible.”
The DEP published on its Web site Sept. 24 an alert notifying the responsible parties that they face enforcement actions.
The DEP was to begin issuing notices of violations last week. Penalties could be assessed at $8,000 for every day out of compliance.
Twelve of the sites are located in Cape May County.
Laws governing contaminated site cleanups allow measures to be in place to ensure remedies — such as construction caps — remain effective. Deed restrictions alert future property owners that an engineering control or use restriction is in place on a property. The law also allows responsible parties to delineate certain areas of groundwater contamination, and requires regular monitoring to ensure site conditions have not changed since the area was established.
As a condition of the DEP’s approval of these remedies, the responsible parties agreed to evaluate site conditions and submit a report every other year through a document called a Biennial Certification. In September, 2006, an amnesty period was established that expires Sept. 18, 2007 for attaining compliance with the rules.
Those affected by the enforcement action include various parties connected to the site, including: those responsible for the discharge, property owners at the time of the remedial action, property owners/operators under the Industrial Site Recovery Act or the Underground Storage Tank Act, a holder of a security interest and any property owner, lessee or operator after the DEP restriction or Classification Exception Area was in place.
The following properties are listed on the DEP Web site as not having submitted biennial certifications:
Cape May: Filling Station, 615 Lafayette St.
Dennis Township: Khela, Inc., 2495 Route 9; Windy Acres Nursery, Main Street.
Lower Township: Villas Riggins, Bayshore and Pennsylvania avenues.
Middle Township: Green Creek Shell, Route 47 and Shore Road,
North Wildwood City: North Wildwood City Hall, 901 Atlantic Ave.
Ocean City: Flanders Hotel, 943 Ocean Ave.
Sea Isle City: Minmar II, Inc./Minmar Marine, 14 Old Sea Isle Blvd.
Upper Township: 828 Wawa Food Market, Route 50 and Hope Corson Road.
Wildwood: Johnny’s Gulf, 4200 New Jersey Ave.; Menz Produce, Schellinger and Lincoln avenues.
Woodbine: Dave’s Auto Service, 618 Washington Ave.
For questions on the enforcement actions, those interested may call 609-984-3081.
Contact Avedissian at (609) 886-8600 Ext 27 or at: savedissian@cmcherald.com.