Statement of Qualifications

Transcription

1 Professional Environmental Consultants Statement of Qualifications Peak Environmental LLC 74 Main Street, 2 nd Floor Woodbridge, NJ Tel: (732) Licensed Site Remediation Professionals Site Remediation Environmental Due Diligence Regulatory Compliance

2 Table of Contents Company Overview... 1 Services... 2 Qualifications... 2 Personnel... 2 Clients... 3 Environmental Claim Management Services... 4 Licensed Site Remediation Professional (LSRP) Services... 4 Underground Storage Tanks & UHOT Services... 5 Rapid Response Services... 5 Industrial Site Recovery Act (ISRA) Compliance... 6 Vapor Intrusion Investigations and Mitigation... 7 Site Remediation... 8 Infrastructure and Construction Support Environmental Due Diligence Phase I Environmental Site Assessments Preliminary Assessment Reports Hybrid Solutions Transaction Screen Reports General Consultation Services Third Party Due Diligence of Other Consultant s Reports Expert Witness and Litigation Support Receptor Evaluations Mercury Remediation Peak Environmental Professional Licenses and Accreditations Page 1

3 Company Overview Peak Environmental LLC (Peak) is a comprehensive and forward thinking environmental consulting firm servicing a wide variety of public and private sector clients nationwide. Peak was founded in 1997, and has organically grown to more than 30 experienced environmental professionals. Peak s collaborative and technology focused work environment enables our professional staff to successfully manage environmental projects of all sizes, from due diligence to large scale site remediation, to satisfactory endpoints. Peak s professionals are experienced in conducting environmental assessments (ASTM Phase I & NJ Preliminary Assessment), site investigations, remedial investigations, remedial selection assessments, feasibility studies, remedial design and remedial actions in accordance with federal and state environmental laws and regulations. We have established excellent professional working relationships with regulatory personnel within New Jersey, Pennsylvania, New York, Delaware, Maryland, Connecticut, Massachusetts and USEPA Regions I, II, and III. Peak has conducted Phase I site assessments nationwide and remedial investigations and actions throughout the Mid-Atlantic region. Services Peak Environmental LLC provides a wide range of services to solve complex environmental challenges. Since our founding in 1997, our corporate mission has focused on providing quality, professional, and cost effective services. We strive to provide all of our clients with immediate attention, open communication, and responsive service. We balance regulatory requirements with project objectives and never lose focus of our client s goals. We are advocates for our clients and in short, we close cases. Peak s services include, but are not limited to: real estate transaction support; site investigation and remediation of soil, groundwater, surface water, soil gas and indoor air; receptor evaluations; regulated and unregulated underground storage tank (UST) management; vapor intrusion investigation and mitigation; infrastructure and construction environmental support; environmental regulatory support; and expert witness and litigation support. Page 1

4 Qualifications The mission of Peak Environmental LLC is to provide quality, professional, and cost effective consulting services as they relate to identification and remediation of environmental liabilities. Peak strives to provide all of our clients with immediate attention, open communication, quality services and cost effective solutions. Ken Niewenhuis, President Since our founding in 1997, we have provided professional services to clients in the real estate development, manufacturing, petroleum, transportation, financial lending, and legal service fields. We balance regulatory requirements with project objectives and never lose focus of our client s goals. We are advocates for our clients and in short, we close cases. Our employees include Licensed Site Remediation Professionals, Professional Geologists, NJDEP licensed underground storage tank subsurface evaluators, AHERA Asbestos Inspectors, and LEED Associates. We are a Certified Small Business Enterprise in the State of New Jersey, an NJDEP certified lab for analyze immediate parameters, and maintain all applicable health and safety training pursuant to OSHA regulations. Personnel As a consulting firm, our employees define who we are. Be it written or oral, their communication with our clients is the product we ultimately provide. And while our day-to-day work combines scientific principles and complex regulations, simple efficient communication is a key component of our success. Therefore, by default, our employees are the best and brightest in our profession. At Peak, we focus on hiring and retaining professionals with advanced degrees, we encourage and often require continuing education, and we provide extensive in-house training. We use technology to increase efficiency and reduce waste. We encourage employees to contribute ideas and procedures to ultimately improve our product. Peak has conducted site assessments nationwide and remedial investigations and actions throughout the Mid-Atlantic region, and our staff has investigated and remediated thousands of sites. By design, we are a small firm. This allows our senior management to stay intimately involved with each project, and to ultimately be able to listen to and communicate with our clients to help them reach their desired objective. Mr. Kenneth Nieuwenhuis, LSRP, founded Peak Environmental LLC in Mr. Nieuwenhuis is the President of Peak and has over 25 years of experience in the fields of Site Remediation, Environmental Due Diligence, and Regulatory Compliance. Page 2

5 Mr. Eric Schlauch, LSRP, became a Partner of the firm in Mr. Schlauch is the Vice President of Peak and has over 20 years of experience in the fields of Site Investigation and Remediation, Regulatory Compliance, and Groundwater Fate and Transport. Mr. Joseph Fallon, REM, joined the firm in Mr. Schlauch is the Vice President of Peak and has over 38 years of experience as a regulator and in the environmental consulting industry. Mr. Fallon also currently serves as a Board Member on the New Jersey Site Remediation Professional Board, where he is the Chair of the Finance Committee. Ms. Mary Ellen Timmes, Director of Finance and Human Resources, holds a Master of Business Administration at The Rutgers School of Business. She has over 18 years of experience growing small businesses by strategically managing them toward profitable business segments. Her firm belief is that Peak s core competency lies in the strength of the staff and the dedication they have to their clients and projects. Mr. Robert Edgar, LSRP, became an Associate of the firm in Mr. Edgar has over 20 years of experience in the fields of Preliminary Assessments, Site Investigation and Remediation, and Regulatory Compliance. Mr. Jeffrey Campbell, LSRP, became an Associate of the firm in Mr. Campbell has over 20 years of experience in the fields of Site Investigation and Remediation, and Regulatory Compliance. Peak s senior personnel are supported by a staff of environmental professionals with a wide range of experience that ensures the right expertise is assigned to each project team. The staff consists of Senior Project Managers with 15 to 25 years of experience, Project Managers with 5 to 15 years of experience, field technicians with 1 to 15 years experience, a fully staffed and equipped CADD department, and complete administrative support. Clients Peak Environmental LLC (Peak) provides exceptional environmental service to clients of all sizes from residential property owners to large international organizations in both the private and public sectors. Peak s typical clients operate in the following industries: banking, real estate investment and development, insurance, construction and infrastructure, manufacturing, chemical terminals, retail gasoline, automotive repair, product distribution warehousing, energy infrastructure, and health care. Page 3

6 Environmental Claim Management Services Peak s expert staff of geochemists, forensic scientists, geologists, hydrogeologists and LSRPs utilizes their more than 75 years of experience assisting clients with environmental claims and remediations. Our professionals utilize tested services and techniques to analyze the cause of a release, conduct forensic investigations, audit contractor proposals and oversee remediations. Our Environmental Claim Management capabilities include: Assessment of liability and identification of the responsible parties and carriers through document review, site investigations, and forensic analyses. Preparation of remediation and reserve estimates. Proposal and invoice auditing of vendor services. Remedial alternative analysis and technical consultation for evaluating the effectiveness and costs for delineation, vapor intrusion investigations and various remedial techniques including excavation, soil and groundwater treatment, and site-specific remediation systems. Oversight and supervision of remediation contractors to ensure cost effectiveness and expedite field decisions to minimize costs. Providing alternate remedial approaches to previously remediated sites to support cost recovery Peak offers a broad range of experience and skilled experts to investigate and manage the technical and financial aspects of environmental claims. We provide unbiased timely assessment of conditions and regulatory requirements to our clients in concise simply stated form, allowing our carrier clients to make fact based claim decisions. Licensed Site Remediation Professional (LSRP) Services On May 7, 2009, the Site Remediation Reform Act (SRRA) was promulgated to increase the pace of remediation, thus helping to decrease the threat of contamination to public health and safety and of the environment, and to quickly return underutilized properties to productive use. The promulgation of SRRA established the Licensed Site Remediation Professional (LSRP) program. All releases of hazardous materials subject to the New Jersey Department of Environmental Protection (NJDEP) Site Remediation Program (SRP) regulations must be overseen by an LSRP, unless specific exemptions apply. While the NJDEP continues to have overall regulatory authority of the clean-up process by requiring persons responsible for site remediation to comply with applicable regulations, the day to day investigation and clean-up process is overseen by the LSRP of record for the site. A thirteen member Site Remediation Professional Page 4

7 Licensing Board consisting of the NJDEP Commissioner, State Geologist, and eleven public members appointed by the Governor with the advice and consent of the Senate, is responsible for licensing and monitoring the performance of individual LSRPs. Peak currently has four LSRPs on staff who ensure that project endpoints are defined early and in accordance with the Clients needs, and who utilize professional judgment to guide them through the technical and regulatory requirements necessary to reach the agreed upon endpoint. Peak s LSRPs oversee all aspects of the individual projects to which they are assigned. They manage the preparation of all submissions, including both forms and reports, and ensure that they are completed within NJDEP s mandatory and regulatory timeframes. At the conclusion of the remediation a Response Action Outcome (RAO) is issued by the LSRP. Peak LSRPs can be retained by entering into a Peak Environmental LSRP contract and through the on-line submission of an LSRP Retention to the NJDEP. Underground Storage Tanks & UHOT Services Underground Storage Tank (UST) systems and their contents are governed by Federal, State, and sometimes local regulations. These UST systems can be significant sources of contamination when leaks or spillage occur during their operation. UST regulations require UST owners to comply with current upgrade standards, maintain appropriate registration and insurance coverage, install and monitor leak detection systems, and perform periodic maintenance. The New Jersey UST regulations (NJAC 7:14B Subchapter 13) require that all personnel who install, close, test, and design corrosion protection systems for USTs must be certified. All owners/operators of USTs that are removed or closed in-place after November 4th, 2009 need to retain the services of a Licensed Site Remediation Professional (LSRP) to conduct subsurface evaluations and remediation. Peak is certified as a contractor to perform work on both regulated UST systems and unregulated UST systems by the New Jersey Department of Environmental Protection (NJDEP). In addition, Peak s experienced staff is licensed to oversee and implement both the closure and subsurface evaluation activities required to address UST systems in New Jersey. Peak s staff is also experienced in the administrative and practical steps necessary to obtain financial aid/reimbursement under New Jersey s Hazardous Discharge Site Remediation Fund and the Petroleum UST Remediation, Upgrade and Closure Fund. Peak is experienced in the investigation and remediation of discharges from UST systems, and Peak s staff can provide expert testimony and litigation support, where necessary, to aid in cost recovery efforts associated with discharges from UST systems. Rapid Response Services Loss of hazardous materials outside of containment during their storage, handling, transfer and transportation require immediate response to minimize the effects on staff, property, the environment, and business operations. Peak experienced personnel can evaluate release conditions immediately following any emergency responder actions to identify visual extent of impact, potential migration Page 5

8 pathways, and potential receptors. Peak and their contractors can maintain a secure work area, provide interim measures to mitigate the release and prevent further migration, and develop short and long term plans to investigate and remediate impacted soil, sediment, vapor, surface water or groundwater. This service is supported by professionals knowledgable in regulatory requirements for releases of hazardous materials, storage of hazardous materials, release evaluations, reporting requirements and site remediation. For releases in New Jersey, Peak has seven (7) LSRPs on staff that can be retained to oversee a release that occurs in New Jersey in accordance with regulations. However, Peak evaluates reporting and response requirements to ensure all options are evaluated under current regulations. Industrial Site Recovery Act (ISRA) Compliance The Industrial Site Recovery Act (ISRA) was enacted in 1993 to amend and reauthorize the 1983 Environmental Cleanup Responsibility Act (ECRA). The Site Remediation Reform Act (SRRA) of 2009 further amended ISRA to establish authority for Licensed Site Remediation Professionals (LSRPs), rather than the New Jersey Department of Environmental Protection (NJDEP) staff, to provide direct oversight of environmental activities for ISRA-subject industrial establishments. An industrial establishment is a business that: (1) operated in New Jersey on or after December 31, 1983; and (2) conducted operations that involved the generation, manufacturing, refining, transportation, treatment, storage, handling or disposal of defined hazardous substances and waste, including petroleum products. A business is considered an ISRA subject industrial establishment if it conducted operations that fall within specific North American Industry Classification System (NAICS) codes that are set forth by the NJDEP. ISRA triggering events include, but are not limited to, the sale of property or business, termination of lease, change in the industrial establishment s NAICS, or cessation of operations. ISRA is intended to ensure continuity of economic activity at an ISRA-subject facility, establish an environmental oversight mechanism to ensure any environmental releases are addressed, and to prevent abandonment of contaminated properties. The owner or operator of ISRA-applicable sites must notify the NJDEP of its intent to close, sell or transfer operations. The initial steps necessary to comply with ISRA include the retention of an LSRP, and the preparation of a General Information Notice (GIN). A Preliminary Assessment is completed to identify environmental areas of concern (AOC) and, if necessary, a Site Investigation is completed to determine if the identified AOCs contain contaminants at concentrations that require further action. Page 6

9 The owner or operator must prove that no contamination is present or, if contaminants are present, the site must be further investigated and remediated to meet regulatory standards. Peak s experienced staff will first work with the responsible party to determine if ISRA is applicable to the business and/or transaction. Peak can efficiently perform any necessary ISRA compliance activities including GINs, Waiver Applications, Remediation Certifications, establishment of a Funding Source, Preliminary Assessments, Site Investigations, Remedial Investigations and Remedial Actions. Peak has Licensed Site Remediation Professionals (LSRP) on staff to provide guidance and oversight through the ISRA compliance process, and ultimately, once compliance is achieved, to close the ISRA case through the issuance of the Response Action Outcome letter. Vapor Intrusion Investigations and Mitigation Peak Environmental LLC and our Licensed Site Remediation Professionals (LSRPs) have extensive experience investigating and remediating soil-gas and vapor intrusion conditions at a wide variety of sites ranging from residence properties to large complex industrial facilities. The New Jersey Department of Environmental Protection (NJDEP) has published a Vapor Intrusion Technical Guidance (VITG) document, which includes vapor intrusion screening levels (VISL) for evaluating the need to perform vapor intrusion (VI) sampling, monitoring and mitigation. Peak has the expertise and equipment to evaluate the area where groundwater impact is above the NJDEP Ground Water Screening Levels (GWSL), complete and submit the NJDEP required documents and forms, collect the appropriate samples, evaluate data, and develop any necessary monitoring programs or mitigation actions. Peak plans all projects with the primary goal of closure through protection of potential receptors, and ensures all included steps support advancement toward that goal. When concentrations of volatile organic compounds (VOC) in groundwater exceed a NJDEP GWSL within a threshold distance of a receptor, Peak s experienced professionals typically start a VI project by developing a preliminary conceptual site model (CSM) as a basis for locating sub-slab soil-gas samples. Based on the results of the sub-slab soil-gas sampling, indoor air samples may be required. Based on the results of the sub-slab and indoor air sample results, either additional monitoring (sampling), mitigation of the source and vapors, or no action may be required. The NJDEP provides a classification system for buildings that contain concentrations of compounds in indoor air that exceed NJDEP Indoor Air Screening Levels (IASL) and Rapid Action Levels (RAL). The NJDEP designates buildings that contain concentrations greater than IASL as a Vapor Concern (VC), and buildings that contain concentrations greater than RAL as an Immediate Environmental Concern (IEC). The VC and IEC classifications must be managed as prescribed in relevant sections of NJAC 7:26E, the VITG and the NJDEP Immediate Environmental Concern Technical Guidance document. If the building is classified as a VC or IEC, mitigation is required and regulatory timeframes in the process apply. Peak has a CIH on staff, and utilizes sample data and building information to determine whether contaminants in air are related to the groundwater plume or to background sources. Peak has helped Page 7

10 their clients perform investigation, mitigation and monitoring, including submitting the required paperwork, reports and forms, under both VC and IEC conditions to meet the regulatory timeframes and achieve regulatory compliance for vapor issues. When needed, Peak has performed interim remedial measures (IRM) to reduce contaminant concentrations in indoor air, and then designed and installed sub-slab depressurization systems (SSDS) at residential, commercial and industrial buildings. Peak uses certified installers to design and install the systems. Peak will also determine whether an institutional control like a deed notice may be required and can support obtaining this document. Following the installation of a SSD system, when necessary, Peak operates, maintains and monitors the system to ensure it operates as designed, is effective, and is utilized for only as long as necessary to achieve project closure. Peak and our Licensed Site Remediation Professional (LSRP) will prepare all required paperwork, forms and technical reports in accordance with applicable regulations. Site Remediation Peak Environmental LLC has extensive experience investigating and remediating soil, groundwater and vapor at a wide variety of sites ranging from residential properties to large complex industrial facilities. A New Jersey Licensed Site Remediation Professional (LSRP) oversees project planning and implementation of all technical and regulatory activities necessary to advance the project toward closure and comply with applicable regulations. The first step in selecting the most appropriate remedial strategy is ensuring that Peak s environmental professionals characterize the site, understand Client goals, identify regulatory requirements, determine site specific project logistics and natural site conditions, and consider a wide range of remedial technologies. This data and information are utilized to ensure the success of the implemented remedial strategy. Remedial technologies that Peak s professionals have successfully implemented are: Electrical resistance heating remediation Soil vapor extraction Soil Excavation (including sites that require excavation dewatering, underpinning, sheet pile stabilization, building demolition, etc.) Soil Washing Soil Stabilization Bioremediation (in situ) via direct injection or semi-permeable reactive barrier Chemical oxidation (in situ) utilizing hydrogen peroxide, potassium and sodium permanganate via direct injection or semi-permeable reactive barrier Page 8

11 Chemical reduction (in situ) utilizing Zero-Valent Iron (ZVI) via direct injection or semipermeable reactive barrier Groundwater pump and treatment Surfactant Enhanced Aquifer Remediation Sub slab depressurization system Peak also has extensive experience implementing remedial strategies that are considered administrative solutions by establishing engineering and institutional controls, such as deed notices and classification exception areas. These options are typically used in conjunction with the active solutions listed above. Following the successful implementation of remediation activities Peak will prepare all required technical reports in accordance with applicable regulations and Peak s Licensed Site Remediation Professionals (LSRP) for the site will prepare and submit a Response Action Outcome (RAO) document to the responsible party. Page 9

12 Infrastructure and Construction Support STATEMENT OF QUALIFICATIONS Peak Environmental LLC has provided environmental consulting support to many infrastructure and construction projects throughout New Jersey. Peak routinely advises our Clients within the construction industry regarding best management practices for all environmental issues from due diligence, to soil and waste management, and site closure. Peak provided consulting support for New Jersey s first approved linear construction project (LCP) to comply with the New Jersey Department of Environmental Protection (NJDEP) Linear Construction Technical Guidance (LCTG) document. The LCTG is applicable to all LCPs that will excavate more than 200 cubic yards of contaminated soil over the duration of the LCP. Peak has prepared documents required by the LCTG and for general construction, including NJDEP LCP Notification and Final Report Form Health and Safety Plans Materials Management Plan New Jersey Pollution Discharge Elimination System (NJPDES) Discharge to Surface Water (DSW) Permit applications New Jersey Pollution Discharge Elimination System (NJPDES) Discharge to Groundwater Water (DGW) Permit applications Pollution Prevention and Control Plans Site Specific in-situ Waste Classification Sampling Plans for Soil. Peak has prepared Site Specific Health and Safety Plans in accordance with applicable health and safety concerns for work in and around the contaminated soil at construction Site (metals, volatile organic compounds, base neutral compounds, and suspected historic fill). Peak s Certified Industrial Hygienist (CIH) develops the plan and a CIH will even provide a training session at the Site for the Client s workers. Material Handing Plans and Pollution Prevention and Control Plans provide a clear strategy to properly manage all regulated waste encountered to ensure that waste is managed in accordance with all local state and federal regulation, and to ensure that proper waste containment and decontamination procedures are implemented to prevent unpermitted discharge of contamination to the environment. Peak recommends preparing and implementing an In-Situ Waste Classification Sampling Plan for Soil to ensure soil waste classification is established and waste manifest are prepared prior to excavating contaminated soil to minimize project delays and time soil will remain stockpiled. Page 10

13 Environmental Due Diligence STATEMENT OF QUALIFICATIONS Peak offers environmental due diligence services to construction lenders, permanent lenders, mortgage bankers, REIT s, real estate investors, corporate real estate departments, and independent property purchasers. The objective of Peak s environmental due diligence services is to provide the user with a clear understanding of potential environmental liabilities associated with a real estate asset. Consistent with our vision of using technology to the benefit of our clients, the majority of Peak s due diligence reports are prepared using the PARCEL Platform for report production and delivery. PARCEL is a powerful online report platform for authoring, managing, reviewing and delivering final due diligence documents. PARCEL's many advanced features increase efficiency and enable improvements in report quality, consistency, and information value. Through the use of PARCEL and other cutting edge technologies, Peak is able to provide exceptional quality at affordable costs. The environmental due diligence products and services provided by Peak are discussed in detail below. Phase I Environmental Site Assessments Peak s environmental due diligence services include Phase I Environmental Site Assessments (ESAs) which are prepared in accordance with the American Society for Testing and Materials (ASTM) E Standard Practice for Environmental Site Assessments, and the All Appropriate Inquiry (AAI) rule developed by the Environmental Protection Agency (EPA). Conducting a Phase I ESA in accordance with ASTM E and AAI permits the user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA (42 U.S.C. 9601) liability. Preliminary Assessment Reports Peak s environmental due diligence services also include the preparation of preliminary assessments and Preliminary Assessment Reports (PARs). Per the NJ Spill Compensation and Control Act (N.J.S.A. 58: ), to establish that a person had no reason to know that any hazardous substance had been discharged to a site, the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property. All appropriate inquiry per this standard means the performance of a preliminary assessment, and site investigation, if the preliminary assessment indicates that a site investigation is necessary. Hybrid Solutions In addition to standard Phase I and PAR report formats, Peak also prepares hybrid Phase I ESA/Preliminary Assessment Reports that meet both ASTM E and NJ Spill Compensation and Control Act AAI criteria. Transaction Screen Reports Peak also prepares Transaction Screen Reports in accordance with ASTM E Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process. Page 11

14 General Consultation Services STATEMENT OF QUALIFICATIONS Peak provides environmental consulting services to support the due diligence process. For example, a common outcome of a Phase I ESA is the determination that an environmental liability is present that can be quantified. Peak can provide a cost-to-cure estimate for the environmental liability present. A Phase I ESA may determine that an environmental liability is present at the subject site that cannot be quantified without either performing a Phase II investigation or actual remediation of the issue. For these conditions Peak can provide a worst case scenario estimate for an environmental issue. Other similar services include consulting regarding public funding, insurance options and strategies, interpretation of technical or regulatory issues, communications with regulatory agencies, other consultants, and litigation support. Third Party Due Diligence of Other Consultant s Reports Peak can provide a review of other consultant s Phase I and II reports for not only adherence to the national (or client) standards but also to ensure that the reports have been prepared with sound environmental principles. Peak will peer review the reports and provide a letter detailing the findings. The letter will review the findings, conclusions, and recommendations of a Phase I or II and determine if they are consistent with the information presented in the report and if they adhere to standard industry methodologies. If a report does not meet standards or provides recommendations inconsistent with the information in the report, Peak will itemize each deficient item, provide an explanation why the item is deficient (what standard was not met), and provide a recommendation to remedy a deficiency. Expert Witness and Litigation Support Peak s expert staff includes geochemists, forensic scientists, geologists and hydrogeologists who collectively have over 75 years of experience assisting clients with environmental litigations. Clients include insurance carriers, industrial and commercial entities, as well as residential property owners of contaminated sites. Peak provides specialty services such as determining the origin and discharge period ( dating ) of a range of soil and groundwater contaminants that include free phase petroleum (heating oil, gasoline, and PCB-containing dielectric fluid), non-chlorinated dissolved phase compounds and chlorinated solvents (DNAPL). Peak s Expert Witness and Litigation Support services include: Determining whether a discharge occurred within the period of insurance coverage Assessing whether a contaminant was released prior to or after a property transaction Discerning source origins when two similar contaminants are present Evaluating whether a contaminant plume originates from off-site Confirming or refuting whether a historic petroleum delivery impacted the subsurface Providing alternate remedial approaches to previously remediated sites to support cost recovery Technical assessment of employed remedial strategies, and Establishing whether changes in land use (i.e., detention basin construction) have altered groundwater elevation or flow direction and impacted subsurface structures. Page 12

15 Peak s well-documented success in providing Litigation Support is a testimony to the innovative approaches we employ. Please contact our expert staff to discuss the specifics of your case and how Peak can provide the technical support for your legal strategy. Receptor Evaluations A receptor evaluation report is an ongoing compliance evaluation process tool that was designed by NJDEP to facilitate their highest priority: to ensure the protection of human and ecological receptors on or near a discharge area. Peak performs receptor evaluations in accordance with NJDEP Technical Requirements for Site Remediation, N.J.A.C. 7:26E The evaluation process starts when a discharge is confirmed or ISRA compliance is triggered. A receptor evaluation is required to be performed for all existing cases and new cases within one (1) year after remediation is initiated. An evaluation is not required if an unrestricted remedial action is completed within one (1) year of initiation, or if contamination is attributed to and has been documented to be natural background contamination. Updates to the evaluation are required to be included with each milestone report submittal throughout a remedial investigation and remedial action (Site Investigation Report, Remedial Investigation Report, Remedial Action Report). The evaluation process ends when remedial action is complete and, in cases where a Remedial Action Permit is required, the biennial certification takes the place of the receptor evaluation. There are five sections which are evaluated and/or described on a Site-specific basis in order to prepare a receptor evaluation report: Land use and sensitive population mapping Description of contamination Groundwater use, well search evaluation and mapping Vapor intrusion evaluation and mapping Ecological evaluation Peak s professional staff has overseen or contributed to the preparation and submittal of hundreds of receptor evaluations. Our familiarity and practice with the current applicability, regulatory and mandatory timeframes, and technical requirements related to filing of receptor evaluations is the industry standard. We stay on the cutting edge as requirements and forms are updated by NJDEP through attendance of State sponsored and in-house regulatory and compliance training. If you are the Responsible Party for a Site requiring remediation in New Jersey please contact the Environmental Professionals at Peak today to learn more about this and other current and evolving regulatory and mandatory compliance requirements for the remediation of contaminated Sites. Page 13

16 Mercury Remediation Peak Environmental Staff have conducted environmental investigation and remediation activities at former industrial sites where free mercury was present as a primary contaminant of concern. Specifically, Peak professionals have conducted due diligence, environmental site assessment, and remedial services at a former metal fabrication and plating facilities including sites in New Jersey and New York State. At one facility, located in New York, NY, the work was performed for New York City Transit on behalf of the Metropolitan Transportation Authority. Services initially included a Phase I ESA which identified a number of potential Recognized Environmental Conditions (RECs). A phase II ESA was subsequently performed to evaluate the potential RECs, a number of which were associated with fabrication and plating activities. Sampling and analysis of the wooden floors revealed the presence of various metals distributed throughout the facility. Further assessment and sampling was conducted on a grid basis as no knowledge of specific facility operations was available. Metals impacted wood flooring was delineated and subsequently removed. The area was decontaminated and the remedial wastes were classified and properly disposed of offsite. The work was performed to ensure the safety of the workers and occupants at the site, and State & Federal (including OSHA) environmental regulations and regulatory agencies were consulted. Peak s professional experience also includes mercury monitoring and survey work performed for a Regional Sewerage Authority. The project involved direct read instrument and discrete sample monitoring at various source points and assisting in developing mitigation actions to minimize employee inhalation exposures. The work included the development of a detailed report of findings including mercury concentration mapping. Page 14

17 Peak Environmental Professional Licenses and Accreditations Category 2 small business (Cert # ) Certified NJ Environmental laboratory (Cert # 12052) Underground Storage Tank Certification (Cert # US00984) Certified GIS/Geomatics Licensed Site Remediation Professional (LSRP) Unregulated Heating Oil Tanks (UHOT) Leadership in Energy & Environmental Design (LEED) Transportation Worker Identification Credential (TWIC) Secure Worker Access Consortium (SWAC) 40 HR Hazwoper, 8-Hour Supervisor Hazardous Waste Site Professional Geologists Professional Engineers Indoor Environmental Consultant - child care centers & educational facilities ( NJ License # 1192) NYS DOL Asbestos Inspector, NYS DOL Asbestos Project Designer, NYC DEC Asbestos investigator (Cert # ) DOT Hazardous Materials Transportation Confined Space Entry Certification FEMA Incident Command System (ICS) Core Competency certification Page 15