Date
Inquiry

Our project is a middle and high school in Atlanta, GA which is being constructed on a previously undeveloped 27 acre site which is owned by the Atlanta Public School System. A Phase 1 Environmental Site Assessment was performed by an Environmental Professional as required. The Phase I ESA states that the property was not listed on any regulatory databases and that there were no indications that past or current uses of the site have created a significant environmental contamination of the site or its surroundings. Three properties were noted as potential for ground water contamination through migration or runoff because they were within the upgradient watershed of the property. Two of these sites are closed landfills though neither is within a 1000 feet of the property. Given the potential for contamination a Phase II ESA was prepared to determine the impacts to groundwater and sediment within a stream that runs across the western portion of the site. The stream is more than 560 feet from any proposed building on the site. The contamination was found in the sediment of stream and in groundwater near the stream. The report states that no regulatory implications are associated with the impacted sediments identified but the contaminants exceed residential health based standards. An assessment of the risk of organic vapors intruding into the building was conducted as well. It was determined that the risk for vapor intrusion into the proposed building is negligible. The environmental professional concluded that "It is our opinion that the students attending school constructed on the proposed Atlanta site are not expected to face significant or increased risk from potential environmental hazards beyond those existing areas where the students will reside or otherwise spend their time while not in school." The executive summary prepared by the environmental professional recommends that restricting access to the stream would be a reasonable precaution. The owner plans to follow the recommendations of the report and prohibit access to the contaminated areas. A Hazardous Site Response Act (HSRA) release notification package was submitted to the Environmental Project Division as required. The EPD conducted a site visit to confirm the information in the HSRA release notification package. The EPD determined that the site should not be listed on the Hazardous Site Inventory for the following reasons: The Project Site is located in an area of lower groundwater pollution susceptibility No groundwater should be encountered during the site redevelopment The Reportable Quantities Screening Method On-Site Pathway and Groundwater Pathway scores were below reportable thresholds. Under the requirements listed in the LEED for Schools reference guide, it states that if the site is contaminated then "it must be remediated to meet local, state, or federal EPA regional residential standards." We believe that remediation is unwarranted. It is our opinion that we have satisfied the intent of the prerequisite because of the following: Access to the stream will be prohibited. It is the environmental consultant\'s opinion that remediation is not required and that risk of environmental hazards is negligible. The Environmental Protection Division will neither require remediation or require that the property be listed on the Hazardous Site Inventory. If the US Green Building Council is of the opinion that remediation is required, could the project boundaries be adjusted to exclude the contaminated areas in order to meet the prerequisite?

Ruling

This prerequisite requires that any contamination on the school property be remediated to meet residential standards. Restricting access to the contaminated area is not sufficient. In addition, the redrawing of site boundary lines is not an option. Per the definition of "project area" given in LEED for Schools Reference Guide publication date 2007: "the total area within the legal property boundaries of a site and encompassing all areas of the site, including constructed areas and non-constructed area." Applicable Internationally.

Internationally Applicable
On
Campus Applicable
Off