Implementation of Institutional Controls Coliseum Boulevard Plume

Montgomery, Alabama

Air & Waste Management AssociationSouthern Section Meeting

August 5, 2010

Business Council of AlabamaEnergy and Environment Conference

June 11, 2007

Situation: TCE discovered in ground Situation: TCE discovered in ground water during routine Environmental water during routine Environmental

AssessmentAssessment

Property owners reported to ADEM Property owners reported to ADEM ADEM sampled nearby drainage ditchADEM sampled nearby drainage ditch

ALDOTALDOT

BP StationBP Station

ADEMADEM

A Terrible Location for a Problem!

Background

• 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

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Vista ViewEastern

Meadows

Highland Gardens

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 Program

1. Institutional Control Program

2. Northeast Groundwater Control and Treatment

– Kilby Ditch/Low-Lying Area Project

3. Southwest Groundwater Control and Treatment

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 TCE

• 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 exposure – 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 Value

• 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

arrangements – 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 them?

• 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 be…

• 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 BoulevardArea of Montgomery, Alabama, which contains a subsurface chemical contaminationcondition or environmental condition known as the Coliseum Boulevard Plume. Buyer isbeing furnished access to the Property and is given the following information, so Buyercan 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 ColiseumBoulevard Plume" describing an environmental condition in the Coliseum BoulevardArea. The Alabama Department of Transportation ("ALDOT") has undertaken certainmeasures to investigate and address this environmental condition. Information regardingthis environmental condition and past or current assessment work can be obtained fromADEM 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: http://aldot.pirnie.com.

 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– www.dot.state.al.us

• Click on Coliseum Plume

• Public Repository– Coliseum Boulevard Public Library

Status of Parcels under Institutional Control

Currently Under IC

Total in ICB

Percent 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

TreatmentKilby 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 ControlKilby Ditch/Low-Lying Area

Project• Replace existing concrete lined ditch with

underground culvert in West Kilby Ditch• Improve drainage and add rip-rap to Main Kilby

Ditch– Base water flow level below rip-rap to restrict

exposure

• 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

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Wetland Treatment

System

Upper Kilby Ditch

West Kilby Ditch

Questions?