An article written by Ms. Candee Wilde of Greenberg Traurig (noted below) highlights a serious issue facing developers in the Riverward Districts of Philadelphia, Kensington, Fishtown and Port Richmond. Fourteen (14) secondary lead smelters formerly operated in these neighborhoods. Many properties in these districts are in the process of redevelopment, and lead (above state and federal cleanup criteria) has been found in surface soils. In addition, during construction activities, dust from this soil can impact air quality.
Lead in soils is considered a Recognized Environmental Condition (REC) and airborne lead particles would be a Business Environmental Risk (BER). Developers (and their lenders) should be aware of expanding regulations passed by the City of Philadelphia. Collection of soil samples prior to the demolition of a building should be performed to determine if lead is present. Employ dust Best Management Practices and monitor air/dust during construction activities. For lead remaining in surficial soils onsite, capping and other engineering controls could be used to minimize exposure. Proper evaluation of this risk should be performed and can help manage and mitigate environmental concerns.
https://www.law.com/thelegalintelligencer/2018/07/12/phila-s-approach-to-lead-contamination-in-the-riverward-neighborhoods/
TTI Blog author – David DiPascale, Environmental Associate 2. For more information contact David at davidd@ttienv.com