While putting in a new power service on your property, you find a large, oily smelling, mostly empty, underground tank - who gets your call? (click on the box below with your answer)
What is a Level 2 Assessment? The term "Level 2" is not really a legal or technical term, but it is commonly used to identify a report that usually contains the analysis of soil or water samples by a qualified laboratory for the concentration of known hazardous substances within a site. The "level" of the assessment will depend somewhat on the ability of the local environment to absorb or mitigate problems on its own. More commonly the state government has published "guidelines" or "rules" defining the legal maximum contaminant level or MCL allowed in soil or groundwater based on toxicity studies and other statistical analyses. These maximums are sometimes referred to as cleanup levels or action levels and form the basis for determining that a site has been "cleaned-up" (another term seldom found in a competent environmental report.) All known hazardous substances have such levels defined by state rules.
For example a common MCL for gasoline in soil is 200 mg/kg (or 200 parts per million) whereas the MCL for just the Benzene portion of the gasoline in groundwater is 1 µg/L (one part per billion.) Sites that involve the potential contamination of groundwater will likely be radically more difficult and expensive to achieve a "no further action" level than sites with soil contamination only.
Why do I have to do this testing? If you must do a level 2 site assessment, there may already be the suspicion of a problem on your site. Perhaps a level 1 assessment indicated a problem on your or nearby property. Perhaps an undesirable sample has been drawn from a neighbor's water well. A level 2 assessment can also mean that your state department of ecology or environment has been contacted and may have ordered this investigation based on the follow-up of a complaint. There could be a regional groundwater issue or some other contamination issue and certain property owners may have been identified based on the predicted or known flow path of a known substance.
Banks are often more strict than government agencies on certain environmental issues, and a simple refinancing may involve a lender or an underwriter's requirement for such a test on commercial property. An owner may also voluntarily order a report for due diligence based on advice or suspicion that a nearby activity may have affected his or her property.
Is this an environmental impact assessment? A Level 2 assessment can sometimes be considered an impact assessment and can be an instrumental part of the planning process in large scale projects. The scope of such studies can be broad and difficult to predict depending on the details of the site and the project, and the characteristics of the of the potential hazard.
What should the cost
be for a Level 2 study?
The scale and therefore the cost of the sampling will vary widely depending on
whether significant multidisciplinary or complex environmental issues are
present. However a figure credited to the World Bank for large scale projects is the one per-cent rule
based on the cost of construction
not including operational accidents. Costs will be lower if the assessment is
done before significant construction has started. The cost of small scale
assessments must be determined with some knowledge of the site conditions and a
prediction of a probable outcome based on experience. There will be no guarantee
of a clean site. The only way to prove a site clean is to excavate 100% of the
area, an unrealistic idea. A plan for a logical pattern of samples must be
designed with the goal of performing a diligent search for potential
environmental conditions. There is no standard way of laying out a pattern or
depth of sample locations except in the case of very common sites such as gas
stations and the systematic removal of obsolete and leaking underground storage
tanks (LUST.) These sites involve standard sizes, capacities and other
conditions. When removing underground fuel storage tanks, sampling the soil in
the walls and along the bottom of the excavated cavity for each tank is logical
strategy and covered by standard rules. Almost all other sites will require
thought and planning to get close to the truth about the underground conditions.
Mostly the number and type of samples will determine the cost of this phase.
What about the results? Following the first round, the need for further sampling or the need for remediation will be determined. Minor amounts of hazardous or potentially hazardous substances can sometimes be removed cheaply during the Level 2 testing phase. Further samples may be required to follow "hot" spots or chase substances down into the deeper soil layers. If the sampling plan is logically laid out and accurately executed by qualified people, you will find the shortest path to peace of mind with your property.
Depending on the nature of the suspected pollutant, and the extent of the spread, a solution will be found to reach a point of no further action. The most direct path to this point will be the eco-nomic solution.
Because the prior existence of a hazard on property can affect the current value, everything possible must be done to contain and control problems when they are found. No cleanup (Or a level 3) is required yet. Careful checking may find no hazard or a simple cleanup. Success no further action is usually the result of thoughtful planning and intelligent action. Government agencies will generally stay out of a properly run site except to spot check and advise. ECO-NOMIC is equipped to handle level 1, 2 and 3 sites primarily in Eastern Washington State.
Before directing you about a possible environmental problem, your lawyer must get the current rules and regulations. The lawyer will probably call an environmental colleague. Now you will have two experts to pay before you even get started on the cleanup. Your lawyer will protect you later if liability is uncovered with the tank.
You may have to call them eventually but now is a little too soon. You should have your own assessment in hand before talking to state or federal officials. This avoids embarrassing and costly false alarms. These people will be useful and must be contacted in the case of a mess that could harm the public.
Even if you have a problem, due diligence identifying and evaluating environmental risks will be your responsibility in most states but only with qualified help.
Attempting a cleanup without expert advice can cost you plenty. Digging up a site may destroy evidence that could protect you later if worse problems are found. Also, putting excavated dirt in the wrong place could expand your responsibility into clean areas.
If you get caught trying to cleanup a substance that could harm the public and the substance is found on your site in concentrations that exceed cleanup levels, everyone involved will tell you that you should have thought twice about attempting to clean it up yourself without acceptable documentation.
Hiring a qualified expert is your best choice. If you have a problem, this puts you in the driver's seat. Seeking professional help is never easy but if a cleanup is required, you will need the help. You will need someone to direct you to the best people outside of the government and to express your points to those inside. Also, you will need to explore the least expensive waste disposal and cleanup options.
However, most site evaluations don't find big problems. Sometimes an underground fuel tank turns out to be a septic tank or an abandoned electrical vault.
It's too soon to call local health. Health departments are a good source for help in finding reliable and qualified companies in your area to look at your site. They will show concern about any situation that may harm human health or the environment. In most areas, only you and your qualified expert will be responsible at this stage to explore the tank if the site is not a registered hazardous site (a label that you want to avoid) and if it is not in an area of special concern.
The police are interested in your site only if there is evidence of a crime. You want to avoid triggering a hazardous materials response. Finding a tank on your property is not a crime.
