Date
Inquiry

Our project is being constructed on land that is contaminated with pesticides from a previous agricultural use. The property is surrounded by developed land within the urban growth boundary. The Oregon Department of Environmental Quality prescribed that contaminated soils be left in place and covered with an impervious surface cap. This measure was prescribed to protect occupants from direct exposure to these soils. The property is also in the vicinity of a municipal water distribution well field so the cap is also prescribed to protect water quality. Based on the development requirements stipulated by the DEQ and the action taken by the developer, we feel this qualifies as rehabilitation of a damaged site, meeting the credit intent. Do you agree?

Ruling

The inquiry is asking if onsite contamination that is encapsulated complies with the intent of the credit. Based on the information provided, the project may meet the intent of the credit if the team can provide: 1. Documentation that the Oregon DEQ has determined that this site is contaminated to a level that must be remediated prior to development. 2. Documentation that multiple remediation strategies have been considered, and that it has been determined that stabilizing and isolating the contaminants in-situ is the most desirable strategy. Applicable Internationally.

Internationally Applicable
On
Campus Applicable
Off
Credits