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      Editorials April 17, 2008  RSS feed

      Real issue is cleanup of site to residential soil standards

      Your Turn
      RICHARD W. CHAPIN Guest Column

      I'm writing in reference to the "Your Turn" guest column by Anthony J. Zarillo Jr. ("Redevelopment Panel Chairman Responds to Comments," March 13).

      Mr. Zarillo has taken it upon himself to make statements concerning what I have said and positions I have taken on the proposed cleanup of the former Michelin site. I will address these, but first the distinction between a technical adviser and a policymaker must be discussed, for Mr. Zarillo is confusing these two very different roles and sets of responsibilities.

      The Milltown Ford Avenue Redevelopment Agency has environmental consultants. As part of their responsibilities, these firms conducted site investigations and developed the proposed cleanup of the site, including what can and cannot be done under currentNew Jersey environmental regulations. These consultants are technical advisers. The redevelopment agency takes this input and decides what will be done to clean up the site. The agency is the policymaker - it decided the cleanup approach that has been presented to the state Department of Environmental Protection (DEP).

      Chapin Engineering has been acting as a technical adviser to the Milltowners for a Sensible Ford Avenue Redevelopment and the Edison Wetlands Association. As the firm's representative, I provide input to the ongoing sitework. I do not establish policy for the Milltowners and never have. I have never claimed anything to the contrary. Mr. Zarillo needs to correct his thinking.

      There was a technical meeting on Nov. 2, 2006, that I attended. The group discussed capping of the site, as proposed by the redevelopment agency, for well over two hours. The minutes for that meeting state: "Conceptually, the

      capping plan presented met the approval of all attendees." There was never a vote taken. Have I stated that

      capping is an acceptable cleanup alternative under the DEP's regulations? Yes, as this is a technical question and a statement of fact. Have I ever stated that cleanup to less than residential soil criteria is acceptable to theMilltowners? No, I have not, as this is a policy decision and that has never been my role or responsibility.Mr. Zarillo is apparently confusing these roles and responsibilities. He should specifically ask all Milltowners what their policy is on cleanup.

      More importantly, this question of role and responsibility is missing the real issue that must be addressed: the cleanup of the former Michelin site to residential soil standards.

      At a public-information session held on March 6, 2008, in Milltown, the DEP assistant commissioner for brownfields redevelopment, Ken Kloo, made two very key statements:

      The DEP does not select the cleanup standards for any site - the responsible party makes the selection and proposes it to the DEP;

      The DEP will provide funding, via their Brownfields Program, to clean up a site to residential soil standards, even if a cap and cleanup to the less restrictive nonresidential soil standard wouldmeet theDEP's regulations.

      (As an aside, the vast majority of all funding for the former Michelin site has been and will be provided by the DEP through their Brownfields Program.)

      For this specific Milltown project, the redevelopment agency has selected a cap and cleanup to the less restrictive nonresidential soil standard.

      But if the DEP will provide funding for a more thorough cleanup of a proposed residential development to residential soil cleanup standards, why won't the redevelopment agency take that funding and do a better cleanup? What is the benefit of using the less restrictive approach?

      RichardW. Chapin is president of R.W. Chapin, P.E., Basking Ridge section of Bernards