Remediation Takeover: Former Gas Station

At a former gas station site operated by several entities, the insured operated at the Site from 1974-1984. There were three documented spills at the Site: 1980, 1995, and 1998. The insured’s consultant proposed in situ groundwater remediation. However, spills post-1984 were not the insured’s responsibility and the location of impacts in groundwater revealed that the 1980 spill was not the source, and therefore not the insured’s responsibility.

Upon taking over remediation responsibilities, Roux communicated with the New Jersey Department of Environmental Protection (NJDEP). Using multiple lines of evidence, Roux demonstrated to the NJDEP that remaining impacts were not related to the 1980 spill. After several rounds of negotiations, the NJDEP agreed to dissociate the 1995 and 1998 spills from the insured’s case. No active remediation or long-term groundwater monitoring was required. The Licensed Site Remediation Professional (LSRP) closed the case by issuing an Unrestricted-use Response Action Outcome for the 1980 spill case.

The 1980 case (42 years open case at the time of closure) was closed within one year of Roux’s takeover of remediation responsibilities. Cost savings for this project were around $100,000, a significant reduction in the original estimated cost.