Voluntary Remediation Program
Confidential Real Estate Developer • Atlanta, GA
Solution Overview
Client:
Confidential real estate developer
Business Challenge:
- Environmental due diligence was conducted, resulting in the discovery of SVOCs which were reported to the GAEPD.
- Apex recommended the subject property be entered into the VRP.
Solution:
- Apex prepared and submitted a report to GAEPD detailing results and providing a timeline for subsequent site assessment milestones.
- We have submitted subsequent reports addressing required delineation of soil impacts.
Results:
- We are applying institutional and environmental controls via a uniform covenant to restrict property usage and limit exposure to contaminants.
- Apex conducts regular inspections enabling the client to restrict the accessibility of impacted materials and limit their potential liability for exposure.
Challenge
The subject property is a mixed urban high-rise and industrial area and is developed with one (1) ten‑level, 61,200 square-foot parking garage building and 15,150 square-foot asphalt-paved parking lot. Environmental due diligence, including soil and groundwater assessment, was conducted on the subject property which resulted in the discovery of certain semi-volatile organic chemicals (SVOCs) found to be present at concentrations more than reportable quantities as defined under the Georgia Hazardous Sites Response Act. Notification of these findings was reported to the Georgia Department of Natural Resources Environmental Protection Division (GAEPD). In cooperation with GAEPD, and discussions with the client, Apex recommended the subject property be entered into the Voluntary Remediation Program (VRP).
Solution
Apex assisted the client with the VRP application and submitted a Voluntary Investigation and Remediation Plan and Compliance Status Report to GAEPD detailing investigation results and providing a timeline for subsequent site assessment milestones. Following comments received from GAEPD, Apex submitted subsequent progress reports to GAEPD addressing required delineation of soil impacts.
This project is ongoing with projected completion in mid-2024. Apex has applied institutional and environmental controls via a uniform environmental covenant to restrict property usage and limit potential exposure to the identified contaminants. Apex will prepare a maintenance plan to institute sustained monitoring of the institutional and environmental controls and ensure they remain intact and continue to provide a barrier for potential exposure.
Results
Through Apex’s assistance navigating the project through the VRP and working with GAEPD toward obtaining regulatory closure with property usage restrictions, our client will have saved a significant amount of costs associated with potential remediation. Also, by having the property set under an environmental covenant and conducting regular inspections, the client can restrict the accessibility of impacted materials and limit their potential liability for exposure. The property can be transferred to future owners with these protections so long as the covenant restrictions are adhered to.