Ashley Cousins by liwenting


									Implementation of Institutional Controls
     Coliseum Boulevard Plume
       Montgomery, Alabama

   Air & Waste Management Association
         Southern Section Meeting
              August 5, 2010
Situation: TCE discovered in ground water
during routine Environmental Assessment
 Property owners reported to ADEM
ADEM sampled nearby drainage ditch
A Terrible Location
for a Problem!         BP Station

               ALDOT      ADEM
• Trichloroethylene (TCE) discovered in Coliseum
  Boulevard area groundwater (10 to 50 feet below
  ground) in 1999
• TCE is a common solvent, used for asphalt testing by
  ALDOT from the 1960s through 1985
• ALDOT discharged TCE into sanitary sewer in
  accordance with manufacturer’s recommendations
• Discharges into the sewer were discontinued over 20
  years ago
• The area of groundwater contamination, or plume, is in
  the groundwater beneath about 1200 acres
• Groundwater flow is multi-directional, but primarily to the
  northeast and southwest
• This area is called the Coliseum Boulevard Plume
                                      North Blvd

                                         Coliseum Blvd
                                   Eastern               View


                   Fairground Rd

Institutional Control Parcels
   What is the Plan for the Coliseum
          Boulevard Plume?

• Engineering Controls
• Remediation Actions
• Institutional Controls
  – Eliminate exposure to groundwater
  – Prevent contamination of lower groundwater
   Four Component Remedial
1. Institutional Control Program
2. Northeast Groundwater Control and
  – Kilby Ditch/Low-Lying Area Project
3. Southwest Groundwater Control and
4. Long Term Monitoring
Institutional Control Program
• Restrict future exposure to groundwater
• Restrict groundwater cross-contamination

• Environmental covenants
  – Restrict access to groundwater
     • Examples, wells, swimming pools
  – Provide access for inspection or activities
     • Example, well survey, samples
  – Notice to future property owners
   What Institutional Controls are
      Needed for the CBP ?
• Legal (environmental covenants)
• Administrative (permits, notifications, etc.)
  to minimize exposure
• Outreach (Stakeholders group)
Purpose of Institutional Controls
• The goal of the Institutional Controls component
  of the Corrective Measures Plan for the CBP is
  to protect human health and the environment by
  minimizing the risk of unacceptable exposure to
• Based on the size of the CBP, the density of
  aboveground structures, and the lack of source
  (DNAPL), current treatment technologies are
  ineffective for entire CBP area-thus, Institutional
  Controls are NECESSARY
  What are Institutional Controls?

• Administrative or legal controls to minimize
   – Construction
     • Utilities
     • Deep foundations
     • Inground swimming pools
  – Groundwater
     • Irrigation wells
     • Drinking water wells
     • Deep wells
         In the Beginning…

• Residential property owners filed suit
  against ALDOT in 2000
• Alleged property values were diminished
• No claims of personal injury
• Class action settled in 2005
  – Residential properties only
  – 1,522 parcels
Allen Parcels
         Settlement Terms

• Property owners received 5.1% of their
  2003 Montgomery County Appraised
• ALDOT received:
  – Groundwater use restriction
  – Access agreement
  – Release from future claims, excluding
    personal injury
   And how’d that turn out?

• 5 property owners representing 6 parcels
  opted out
• 1,516 out of 1,522 parcels settled
• Over 99% of eligible properties
Notice to Future Allen Property Owners

• Recorded Settlement Agreement in
  Probate Court
• Recorded covenant and declaration for
  each parcel in Allen referencing the
  Settlement Agreement
• Indexed in Probate files
 And then there was Phase II

• Projected plume movement over 30 years
• 600+ additional parcels
  – Non-residential Allen parcels
  – Residential and non-residential parcels in
    expansion area + 100 feet
Allen Parcels with Phase II Parcels
           Phase II Program

• Property owners received 5.1% of their 2006
  Montgomery County Appraised Value
• ALDOT received:
  – Groundwater use restriction
  – Access agreement
  – Release from future claims, excluding personal injury
• Terms consistent with Allen settlement
           Who is Eligible?

• Current property owners only
• Does not include:
  – Tenants / Renters
  – Parties purchasing through lease purchase
  – Prior owners
• Only one payment per property
       How do you find ‘em?

• Current tax roll from County Appraiser
  – Not 100% accurate
     • Lag time in sales update
     • People move and don’t tell the county!
     • People die and don’t tell the county!
  – Need to check against a second source
• Probate records
  – Name of owner
  – No address
If the County can’t find ‘em, how
            can we??
•   Phone records
•   City Directory
•   Internet background searches
•   Letters
•   Phone calls, phone calls, phone calls
    What else have we done to
           reach out?
•   Community Outreach Group Meetings
•   Ongoing Media Coverage
•   Informational Meetings
•   Notary Sessions
•   Public Meetings
•   Individual Meetings
•   Stakeholder Meetings
What happens when you find
• Each property owner executes Covenant
• Check mailed to property owner
• Executed Restrictive Covenant recorded
  at Probate
• Indexed by current owner name, address,
  and book and page
• Easily found in title search process
Its always harder than it should
•   Define Process with Probate
•   Bond for title
•   Divorce
•   Estate
•   Joint ownership by family members
•   Partnerships
•   Tax sales
•   Military transfers
       But wait, there’s more!

•   Distrust of the government
•   Social Security number
•   Health concerns
•   Lack of interest
•   Buy my property
•   More money
How will future owners know?

•   Recorded Restrictive Covenants
•   Periodic stakeholder notice and meetings
•   Annual sampling of Probate Records
•   Annual notice to new purchasers
•   MAAR
    – Disclosure Form
    – Website (list, electronic identification)
               MAAR Disclosure Form
Coliseum Boulevard Plume Disclosure

Montgomery Area Association of REALTORS®
Seller discloses to Buyer that the subject Property is located in the Coliseum Boulevard
Area of Montgomery, Alabama, which contains a subsurface chemical contamination
condition or environmental condition known as the Coliseum Boulevard Plume. Buyer is
being furnished access to the Property and is given the following information, so Buyer
can assess the Property condition and make Buyer’s own determination as to the affect of this environmental condition on the Property and Buyer.

On August 31, 2001, the Alabama Department of Environmental Management
("ADEM") issued a report entitled "Expanded Site Inspection Report for the Coliseum
Boulevard Plume" describing an environmental condition in the Coliseum Boulevard
Area. The Alabama Department of Transportation ("ALDOT") has undertaken certain
measures to investigate and address this environmental condition. Information regarding
this environmental condition and past or current assessment work can be obtained from
ADEM located at 1400 Coliseum Boulevard, Montgomery, Alabama 36110-2059 or by calling ADEM's Ombudsman at (334) 394-4380. Information regarding public health
       in the area can be obtained from the Alabama Department of Public Health ("ADPH"), Suite1450, P.O. Box 303017, Montgomery, Alabama 36130-3017, or by
       calling ADPH at(334) 206-5973 or (800) 201-8208. Additionally, there is a website maintained by ALDOT on this environmental condition:

It is suggested that Buyer make Buyer’s own determination as to the risks associated with purchasing Property located within the Coliseum Boulevard Plume.
        Accordingly, Buyer releases and discharges the Seller and its agents, servants and employees from any and all liability or claims of liability existing now or in
        the future arising from or as the result of environmental contamination arising out of the Coliseum Boulevard Plume, existing on, in or under the Property or any
        buildings or improvements thereon. This release shall survive the closing of the sale and purchase of the Property.

Seller                                Date
Seller                                Date
Listing Agent                          Date
Buyer                                 Date
Buyer                                 Date
Selling Agent                          Date
  How can they reach us or get
      more information?
• Administrator
  – (866) 488-1126
• Technical Information
  – (334) 353-6635
• Website
     • Click on Coliseum Plume
• Public Repository
  – Coliseum Boulevard Public Library
            Status of Parcels under
              Institutional Control

                           Currently    Total in   Percent
                           Under IC       ICB      of Total
       Number of Parcels        2,116      2,198        96%
       Land Area (acres)        1,418      1,455        97%

As of July 12, 2010
Institutional Controls (as of 12Jul10)
      Uniform Environmental
          Covenants Act
• “Alabama Uniform Environmental
  Covenants Act” (UECA)
• Ala. Code 1975 § 35-19-1, et.seq.
• Effective January 1, 2008
• ADEM Regulations effective May 26, 2009
  – ADEM registry of sites
        Current Remedial Project
   Northeast Groundwater Control and
   Kilby Ditch/Low-Lying Area Project

• Kilby Ditch and Low-Lying Areas
  – Construction began August 2009
  – Contractor-McDonald Construction
  – Bid range $3.48 to $5.45 million
  – Project complete June 2010
2. Northeast Groundwater Control
    Kilby Ditch/Low-Lying Area
• Replace existing concrete lined ditch with
  underground culvert in West Kilby Ditch
• Improve drainage and add rip-rap to Main Kilby
  – Base water flow level below rip-rap to restrict
• Construct wetland system to naturally treat TCE
  in low-lying area and improve existing stream
• Construct vegetated hydraulic barrier to cut off
  groundwater flow to the north
                   Kilby Ditch/Low-Lying Area Project


                                           Northern Blvd
                 Upper Kilby
Coliseum Blvd

                West Kilby

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