Dry cleaners have been using a chlorinated solvent called perchloroethylene (PCE), also known as tetrachloroethylene, since 1934. Although this chemical is considered to be toxic and is regulated as a hazardous substance, 90% of dry cleaners in the U.S. still use PCE-based dry cleaning fluids today. PCE contaminated groundwater and soil can affect drinking water and indoor air quality.
Improvements in dry cleaning technologies and practices in the past 10-20 years have reduced the risk of new PCE contamination; however, the State Coalition for the Remediation of Dry Cleaners (SCRD) estimates that the majority of New Jersey’s former and currently operating dry cleaners have released PCE into the environment that has not been addressed in accordance with New Jersey Department of Environmental Protection (NJDEP) regulations. ¹ Most dry cleaning businesses are small family-owned operations that do not have the resources to fund remediation. Simple site remediation of PCE contamination can cost up to $100,000, while more complex remediation could cost up to $5,000,000. However, small business owners can not only reduce these costs, by choosing innovative technological techniques (such as in situ remediation involving injection of particular chemicals which promote chemical oxidation of PCE), but may also qualify for certain grants for reimbursement of their costs by the NJDEP.
Regardless of whether or not a property owner created or contributed to PCE contamination, he or she may be liable for the resulting clean-up, decontamination, and site remediation costs. Investors interested in purchasing a property on which a dry cleaning business was previously or is currently in operation are advised to exercise due diligence by obtaining a preliminary assessment of the site, and if necessary, conducting a thorough site investigation before purchase.²
New Jersey Environmental Lawyers at Michelman & Bricker, P.C. Represent Clients in Real Estate Transactions Involving Contaminated Site Remediation
Well-qualified New Jersey environmental lawyers at Michelman & Bricker, P.C., provide legal counsel to buyers and sellers of potentially contaminated New Jersey properties. Our knowledgeable attorneys offer clients advice on how to proceed with a real estate transaction based on an environmental assessment. New Jersey environmental lawyers at Michelman & Bricker, P.C. assist sellers with historical searches for insurance policies which may provide coverage for environmental clean-up costs and legal fees. We assist buyers in making informed investments. Our experienced New Jersey environmental lawyers work closely with a variety of consultants to ensure that our solutions to a client’s environmental challenges are cost-effective and legally sound. For more information on proper site assessment and the remediation of PCE contaminated properties in New Jersey, contact Michelman & Bricker, P.C. online, or call 215-557-9440.