RE: [CPEO-BIF] IC audits --- any data?

["Bruce-Sean Reshen" <breshen@mgppartners.com>]

Bob,

Several questions come to mind in reading your recent synopsis of the
Wisconsin Department of Natural Resources IC Audit Process.  It would be
helpful if you could find out the following information in addition to the
questions you have already raised:

1.   The 24 sites audited represent how large a sample of all such sites
     under the auspices of WDNR and how was the sample of sites to be
     audited selected? 
     
2.   How often are the sites audited?  (quarterly, semi-annually, annually,
     etc.)

3.   Since the CERCLA section 128a funding is usually a one time event, how
     does WDNR intend to fund this audit program going forward?

4.   Has WDNR determined the cost per audit of the average site IC audit?

5.   Have additional personnel lines been budgeted or is WDNR utilizing 
     personnel reallocated from other tasks?

6.   If personnel have been reallocated, who are performing those functions
     since the personnel reallocation?

The purpose of these questions would be to help gather the information
necessary to determine the real cost of such a state IC compliance audit
program.  This information should be particularly helpful to other states
contemplating a similar program.  I believe such audit programs would be a
valuable part of the activities of any state environmental agency.  The
first step for other states contemplating initiating an IC audit program
would be to estimate the total cost of such a program.  These questions when
added to those that you have already suggested, should rove helpful in that
effort.  

Best regards,
Bruce

Bruce-Sean Reshen
The Guardian Trust
Guardian Trust Management Services, LLC
733 Summer Street - Suite 405
Stamford, CT 06824
(203)327-2888, X18
breshen@mgppartners.com
www.theguardiantrust.org




-----Original Message-----
From: brownfields-bounces@list.cpeo.org
[mailto:brownfields-bounces@list.cpeo.org] On Behalf Of Robert Hersh
Sent: Friday, March 25, 2005 3:52 PM
To: brownfields@list.cpeo.org
Subject: [CPEO-BIF] IC audits --- any data?

The Wisconsin Department of Natural Resources (WDNR) has developed a
process to audit sites closed with institutional controls (ICs) and
recently reported the results from an audit of  twenty four sites that
have been closed with  ICs.   

The purpose of the IC audit, according to WDNR, "is to evaluate the site
for compliance with the conditions set at the time the "no further
action" determination was made, to ensure those actions are effective."
WDNR staff , rather than consultants, perform the audit.  It begins with
a file review of case information about the site, and includes a site
visit, ideally with the owner or responsible party.  The site review is
intended to answer the following questions: 

Have site conditions changed since the closure of the case that would
affect either a deed restriction or other requirements associated with
the site?

Has additional monitoring or remediation been done since the site was
closed?

If a performance standard was the final remedy, has it been altered?

Has local zoning changes occurred since closure?

Were any new potential sources of contamination identified, and if so,
does sampling need to be performed?

If a new threat to public health or the environment exists, what should
be done to address the problem and by whom? 

Of the 24 inspections conducted, follow up actions were recommended at 5
sites that were out of compliance.  Post-closure compliance problems
included:  removal of a protective cap,  failure to maintain a cap;
failure to record a deed restriction,  the lack of an annual cap
inspection; and new release from a drum storage area.  According to
WNDR, regional staff are now taking action to ensure that these sites
return to compliance.  

Do any of our listserve subscribers have information about IC audit
programs in other states?  At CPEO, we'd like to learn more about the
following issues.  First, by what criteria do agencies select sites to
be audited?  Do agency staff conduct the audit or are they done by
contractors?  Are the results of the audit made public, and if so, how?
What rate of non compliance have other states experienced and what
factors explain this non-compliance.  Wisconsin has used EPA funding,
under Section 128(a), to fund its program. How are other states funding
IC audits?  It would also be interesting to know when a breach occurs,
what thresholds for enforcement are employed by various states, and what
criteria are used to select appropriate enforcement responses.   


Bob Hersh
Program Director
Center for Public Environmental Oversight (CPEO)
44 Portland St., 7th Floor
Worcester, MA 01608

Tel:    508-756-8585
email:  bhersh@cpeo.org
url:      www.cpeo.org
 


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