and Environmental Protection Connecticut Department of Energy and Environmental Protection DEEPs Role in Brownfields Redevelopment How Can We Help You May 27 2014 Mark Lewis DEEP Brownfields Coordinator ID: 151590
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Connecticut Department of Energyand Environmental Protection
Connecticut Department of
Energy and Environmental Protection
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DEEP’s Role in Brownfields Redevelopment - How Can We Help You?May 27, 2014Mark Lewis, DEEP Brownfields CoordinatorSlide3
My BackgroundConnecticut DEEP - Remediation Division Environmental Analyst- 1993-2014
Previous work: land surveying, environmental consulting, US Geological SurveyBS - Geology - Bates College, Lewiston, Maine
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Today’s TopicsShared SuccessState AssistanceProposed Cleanup TransformationSlide5
Willimantic Thread Factory- J. Alden Weir- 1893
Our mills inspired 19th century landscape painters.They remain a resource and a source of inspiration today.Slide6
Changing the perception of site cleanupWork withSlide7
Brownfields CoordinationSlide8
Success – Past and FutureState and Federal Agencies have been working with Municipalities on Brownfields since 1992Partnership have yielded great success
Connecticut is interested in more success with municipal projectsSlide9
Bryant Electric / Industrial Redevelopment- Bridgeport
New BusinessesAkdo
Intertrade Inc. Chaves Bakery II Inc.Carr's Ice Cream LLC
Modern Plastics, Inc. Slide10
Brownfield to Grocery Store- Bridgeport
Partners
State of CT
City of BridgeportBridgeport Housing Authority
ProjectRedevelopment of moth-balled housing development
Tools Used $2.5 M Urban Act Grant
$15.0 M Private Investment
DEEP Technical Assistance
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Main & Pavilion Shopping Center- Hartford
US EPA
$160,000 Revolving Loan Fund
City of Hartford
$100,000 Community Development Block Grant
Donation of landCommunity Economic Development Fund
$5,000 Technical Assistance Grant
$100,000 Bridge Loan Financing
US HUD
$1,500,000 Section 108 Loan
$300,000 Brownfield Economic Development Grant
$300,000 Urban Development Action Grant
Private
$2,200,000 Construction
$500,000 Loan GuaranteeSlide12
Remington Rand, MiddletownState grant for general improvement - $765K
DEEP identified Responsible Party through Urban Sites program
RPs funded most cleanup
State provided $200,000 in EPA funds to complete remediation
10 business leasing space at the complex
City acquired through tax foreclosureSlide13
Killingly Commons- Killingly
CBRA $1.5M Tax Increment Financing
1,000,000 ft
2 manufacturing and warehouse buildingsRedevelopment of site into retail center Slide14
University of Hartford – Performing Arts Center
State provided $4M grant
CBRA $2.5M PILOT
(payment in lieu of taxes)
Over $16M private investmentFormer Auto DealershipSlide15
Goodwin College, East Hartford
CBRA $3M PILOT
State grant $
2.25M USEPA – 3 Cleanup Grants ($200K each) Leveraged over $20M in private investment Former petroleum tank farmSlide16
Occum Park, Norwich
Two State grants $2.1 M
Local funding $200,000
2008 Real Estate Exchange Award for Community Development
Former factory destroyed in 1988 fire
Redeveloped into Riverside ParkSlide17
State Brownfield AssistanceFunding (DECD)Liability Relief (DEEP and DECD)
Technical Assistance (DEEP and DECD)Slide18
State Liability ReliefMany programs offered to limit the liability of municipalities, economic development organizations, and private partiesSlide19
Liability ReliefCovenants Not To SueThird-party liability reliefAbandoned Brownfield Cleanup Program
Brownfield Remediation and Redevelopment Program (a.k.a. Section 17)Municipal Brownfields Liability ReliefSlide20
Covenants Not To SueObtained early – after submitting a Brownfield Investigation Plan and Remediation Schedule
Two types: CGS §22a-133aa and §22a-133bb133aa transferable, discretionary, has many protections, costs 3% of property value
Free for municipalities; other parties can schedule payments over time133bb: non-transferable, less protections, freeSlide21
Third Party Liability Relief Third-party liability limited for non-responsible parties that own a contaminated property and investigate and remediate such proper
ties
CGS §22a-133- No owner shall be liable for any costs or damages to any person other than this state, any other state or the federal government, with respect to any pollution or source of pollution on or emanating from such owner's real property that occurred or existed prior to such owner taking title to such property Slide22
Innocent Land OwnersCGS § 22a-452d & 22a-452eInnocent Land Owners will not be liable for State actions taken to contain, remove or mitigate a spill
Innocent Land Owners will not be liable for any order of the Commissioner to abate or remediate a spill or discharge (which order was issued on or before August 1990) Slide23
Abandoned Brownfield Cleanup ProgramFor properties unused or significantly underutilized for 5 years priorRedevelopment of regional or municipal benefit by non-responsible party
No obligation to investigate/ remediate off-siteLiability relief from state or any third party
No fee, exempt from Property Transfer ActMust apply prior to property acquisitionSlide24
Brownfield Remediation and Redevelopment Program32 properties per year admitted by DECDMust be bona fide prospective purchaser, innocent property owner or contiguous landowner
Off-site obligation to investigate and remediate eliminatedLiability relief from state or any third partyFee is 5% value of the land, exempt from Property Transfer ActSlide25
Municipal Brownfields Liability Relief ProgramOpen to municipalities or development corps that are not responsible partiesSimple application submitted prior to acquisition
Provides state and third party liability relief, exemption from Property Transfer ActNot required to fully investigate or cleanup the Brownfield but are required to serve as good stewards of the landSlide26
Municipal Access Liability Relief CGS § 22a-133ddAny municipality, economic development entity, or LEP may enter a property to conduct an investigation without liability if:
Owner cannot be locatedProperty encumbered by tax lienNotice of eminent domain filed
Municipality finds investigation in public interest to determine if property should be redevelopedMunicipal official determines investigation necessary to assess potential risk to health or environmentSlide27
Transforming Cleanup in ConnecticutSlide28
Why Transform NowStatus quo not good for:
environment and public health – pollution remains and risks can increase with time
economy – too much uncertainty to get needed investment
Everyone has learned from the pros and cons of the current systemCurrent system too cumbersome and too slow to yield timely results commensurate with riskSlide29
Entered Cleanup Program 1986
We’re Still Working on It
Remington- BridgeportSlide30
WaterburySlide31
October 2008 visit to Mill #52American Rental, 2100 South Main Street, Waterbury
Southern view. Notice: roof collapse, fence down and site accessibility, overgrown vegetation.Slide32
What We Need To Change
Unified Program …….
Primarily a Release-based SystemEarlier and Multiple Exits
Self-Implementation and Clearer Obligations
CURRENT STATE
Multiple and Overlapping Programs
Property-based and Release-based System
Few Properties Exit Cleanup Program
Command and Control System
FUTURE STATE
HIGH ENVIRONMENTAL STANDARDS PRESERVED
TO:
TO:
TO:
TO:Slide33
BASIC STRUCTURE OF PROPOSED SYSTEMSlide34
Current RSRs – Limited Options
Few
Many
ReleasesSlide35
Future RSRs – Risk Based &Tiered Approach
Few
Many
ReleasesSlide36
Key TakeawaysRelease-based approach
Self-implementing with robust auditing and enforcementMultiple, clear, and early exits
Risk-based cleanup options and alternativesTransparency and meaningful participationNo more Transfer Act
Level playing field for all businessesSlide37
Keys To SuccessSlide38
Ongoing PrioritiesContinue to work on making DEEP’s processes more efficient
DEEP Remediation RoundtableQuarterly meetings- Next- August 26, 2014 1:30 pm
Information at www.ct.gov/deep/remediationContact me with your ideas/ questions/ concerns I’m here to listen and helpSlide39
What do You See?
This?
Or This?
Proposed city boat launch at former oil terminal- NorwichSlide40
Thank you
Mark R. LewisDEEP Brownfields CoordinatorMark.lewis@ct.gov
(860) 424-3768