RELEASE REPORTING OBLIGATIONS AND THE ENVIRONMENTAL PROFESSIONAL Mississippi Manufacturers Association October 15, 2015

WHAT WE WILL DISCUSS Release reporting obligations of responsible parties and environmental professionals in MS, AL, and LA

WHAT WE WILL DISCUSS Which rules apply? Reporting limits? Who has to report? To whom do you report? Confidential information P.E. and P.G. Codes of Ethics Scenarios

WHICH RULES APPLY? Mississippi Title 11: Mississippi Department of Environmental Quality Part 6: Wastewater Pollution Control Regulations

WHICH RULES APPLY? Alabama Alabama Water Pollution Control Act Regulation: ADEM Admin. Code r ,.06 ( Water Quality... Includes NPDES, GW-UIC, SID, etc.)

WHICH RULES APPLY? Louisiana Environmental Regulatory Code (LAC Title 33)

MDEQ DEFINITION OF “POLLUTION” (55) "Pollution" means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance or leak into any waters of the State, unless in compliance with a valid permit issued by the Permit Board.

“WATERS OF THE STATE” (85) "Waters of the State" ……including all streams, lakes, ponds, wetlands, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, situated wholly or partly within or bordering upon the State (except those wholly landlocked and privately owned, and which are not regulated under the Federal Clean Water Act etc….)

MDEQ POSITION IN A NUTSHELL.. Unpermitted discharge of pollution to Waters of the State are prohibited.

MS RELEASES Owner is responsible for remediation of soil and/or groundwater impact No specific law requiring an owner to self- report (except in UST program) MDEQ encourages owners to self-report Flexibility provided if impact confined to property boundaries and limited exposures

WHO HAS TO REPORT? Owner? Buyer? Consultant? Attorney? No one?

WHO HAS TO REPORT? Mississippi No specific law? Alabama The “discharger” Louisiana Discharger/owner….. Or?

ENGINEERING AND GEOLOGY CODE OF ETHICS … to safeguard life, health, and property, and to promote the public welfare…

ENGINEERING AND GEOLOGY CODE OF ETHICS O.K to protect “confidences of clients and employers” unless…

ENGINEERING AND GEOLOGY CODE OF ETHICS When there is potential danger to the public’s safety and well being…

SCREENING LEVELS MDEQ: Target Remediation Goals (TRGs) ADEM: Preliminary Screening Values (PSVs) LDEQ: RECAP Screening Standards

ENGINEERING AND GEOLOGY CODE OF ETHICS Do concentrations above screening levels = danger to the public’s safety and well being?

TO WHOM DO YOU REPORT? Mississippi Groundwater Assessment and Remediation Division (Uncontrolled Sites, Brownfields, and UST) Alabama Groundwater Branch (UST and Hydrogeology Section) Louisiana “Single Point of Contact”- Hazardous Materials Hotline

WHAT WILL THE MDEQ DO WITH THE INFORMATION? If data provided, will be placed on the Uncontrolled Sites List Ask you to enter site into Brownfields/VEP Program Maybe nothing (low priority) Administrative Order

PRACTICAL APPLICATIONS “Drips and drops” found over a screening value…. Determine risk tolerance of parties… Is some impact acceptable? Agency letter required for comfort? Willing to go the distance? Proceed with your own cleanup?

WHAT HAPPENS IF YOU DON’T REPORT? Depends on how bad it is…. Was it criminal? Enforcement action unlikely for “drips and drops” not reported We will not report unless a true health risk

OPEN DISCUSSION