WHEN DO YOU HAVE TO REPORT GROUNDWATER CONTAMINATION?
06.17.11 2:20 PMI am frequently asked if contamination found in groundwater during a Phase II Environmental Site Assessment is required to be reported to the Tennessee Department of Environment and Conservation. Here is the rule at Tenn. Comp. R. & Reg. 1200-04-03-.12:
“Owners or prospective purchasers of property used for commercial or industrial purposes who test the ground water or perched water on the property shall notify the commissioner of any contamination of such water if it is currently used as potable water and it exceeds general use criteria or if an environmental professional engaged by such owner or prospective purchaser reasonably concludes that it poses some other substantial risk to health or safety, including but not limited to, situations in which vapors released from the water are causing an explosion hazard or a current inhalation hazard with a hazard quotient of greater than 1 or a cancer risk of greater than 1 x 10-6.”
The two circumstances are different. The first involves reporting where the MCLs are exceeded in a currently used source of potable water. The second is somewhat more complex. The second instance is related to vapor intrusion. If the vapors pose (a) an explosion hazard or (b) (i) a current inhalation hazardous an HG greater than 1 or (ii) a cancer risk of greater than 1 x 10-6.
To report contamination the Division of Remediation states such party should email chuck.head@tn.gov with subject matter “reporting groundwater contamination.
Violation of this rule could subject the owner or prospective purchaser to civil and criminal liablilty.
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