Folcroft Groundwater Contamination

Groundwater contamination was detected at this Delaware County, PA industrial property during a Phase II Environmental Site Assessment (ESA) completed for the owner.  The property did not appear to be the source of the contamination; however, substantial additional investigations and expense would be required to demonstrate the contamination was from an offsite and upgradient source using the Background Standard under Pennsylvania’s Land Recycling and Remediation Standards Act (Act 2).

Taylor Wiseman & Taylor (TWT) was retained to develop a cost effective approach to obtain a release of liability and covenant not to sue for groundwater contamination using a Site Specific Standard under Act 2.  TWT met with representatives of the Pennsylvania Department of Environmental Protection (PADEP) and defined the technical requirements and institutional restrictions needed for the Site Specific Standard which included conducting an offsite well search to aid in identifying:

• The downgradient extent of the plume. TWT estimated from PADEP and EPA regulatory files containing groundwater quality data from a downgradient and offsite Superfund Site that detected historic low levels of the same contaminants detected in site groundwater.  However, these contaminants were not detected recently, which suggested the contaminant plume was shrinking; and
• Potential groundwater users.  TWT worked closely with AQUA PA to document that public water was provided to all properties in the anticipated downgradient extent of the plume and none of the other properties in this industrial park were being exposed to impacted groundwater.

PADEP accepted the findings of these investigations and approved closure of the case under Act 2 for a Site Specific Standard.  An Environmental Covenant was adopted for the property that required annual reviews to confirm potentially impacted groundwater is not being used.