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Directories Int'l Realty US Realty
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Check Pesticide Levels Stuart Lieberman, Esq., Old Mac Donald had a farm. And, it is a good thing he did. America has strong agricultural roots and our farms have fed us well and made us strong. But, sadly, many U.S. farms are disappearing. Perhaps, the best example of this trend can be found in New Jersey, which is called "The Garden State." At one time, New Jersey was predominantly an agricultural state. Now, many former farms are residential subdivisions. Postage sized lots with giant mansions situated on each parcel. This is not just so in New Jersey, it is the case all over the United States. But New Jersey's story is a bit special because of what happened in Burlington County, several years ago. One farmer sold his property to a large tract developer. The mansions followed and young families, with small children moved in. Many families and children. One day, some one decided to test the soil to make sure that there were no problems. Guess what he found out? The mansion grounds, which just a few years back contained orchards, had high levels of pesticides. Should this have been a surprise? After all, we all know that they use pesticides on farms. That's how things grow without becoming half eaten before they are picked! Well, everyone was surprised. While New Jerseyans are used to cleaning up industrial Superfund sites, no one, not in New Jersey or anywhere in the country, had been giving much thought to residential soil pesticide levels in areas that had been farmlands for generations. It really seemed to catch everyone off guard. This past January, a Committee appointed by the New Jersey Department of Environmental Protection released a report on this newly discovered concern. According to the DEP Commissioner, New Jersey is the first state to take action to control exposure from, what is being called, " historic pesticide use." He stated that the DEP had to "rethink" hazardous cleanup guidelines to encompass pesticide residues on farmland and orchards. New Jersey environmental officials speculate that a significant percent of the state's acreage may be impacted by the historical use of pesticides. Research indicates that these problems are caused by the use of agricultural pesticides such as arsenic, lead, DDT and Dieldrin prior to the 1970s. Arsenic and lead are also two naturally-occurring metals. New Jersey has historically been a leader in environmental regulation. Thus, it is likely that its new historic pesticide guidance will serve as a model for other states, and nationally as well. Pesticide poisoning problems have been in the news for some time. Just this past October, the Natural Resources Defense Council released a report stating that use of highly toxic agricultural pesticides poses a health threat to children who live on farms. For years, watchdog groups have complained about pesticide residues in fruits and vegetables. While government agencies and watchdog groups have expressed health concerns regarding pesticide use, until now government has largely ignored the problem as it affects new construction on former farmlands. The New Jersey task force recommendations are a first look at this issue. That Group urged that sampling be conducted where there are exposed soils that are used by children, such as schools, day care centers and playgrounds. Sampling of former agricultural areas, and any necessary soil cleanups, should be conducted prior to construction . The State Group suggested "soil blending," which means diluting contaminated soil with fresh fill. This is a much less costly alternative to digging up all of the dirty soil and shipping it to an approved treatment facility. Cleanup options for new development sites should include excavation, customized plans based on development specifics, burying contaminated soil under roads and structures, or capping contamination with clean soil, providing that deed notices are filed to prevent disruption of the capped material. What does this mean to you? If you are buying a new home located on a former farm, you should ask about soil pesticide levels. Some one may have to hire a consultant to actually test some of the soil to find out how much residue is present. This is especially important if you have children, if you will engage in gardening, if you have well water, and for other health related reasons as well. If you are a developer purchasing a farm for new residential construction, at a minimum ask questions of the seller before you purchase, not after. Again, you probably want to go beyond just asking questions, you probably want to soil sample to make sure that there are no problems.Have your lawyer review this issue, and make sure all representations are in writing. A verbal representation is nearly worthless.
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.
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