Transcript Connecticut Department of Energy and Environmental Protection

Connecticut
Department
of
Connecticut
Department
of Energy
and Environmental
EnvironmentalProtection
Protection
Energy and
Connecticut Department of Energy and Environmental Protection
DEEP’s Role in Brownfields
Redevelopment How Can We Help You?
May 27, 2014
Mark Lewis, DEEP Brownfields Coordinator
Connecticut Department of Energy and Environmental Protection
My Background
• Connecticut DEEP - Remediation Division
Environmental Analyst- 1993-2014
• Previous work: land surveying, environmental
consulting, US Geological Survey
• BS - Geology - Bates College, Lewiston, Maine
Connecticut Department of Energy and Environmental Protection
Today’s Topics
• Shared Success
• State Assistance
• Proposed Cleanup Transformation
Connecticut Department of Energy and Environmental Protection
Willimantic Thread Factory- J. Alden Weir- 1893
Our mills inspired 19th century landscape painters.
They remain a resource and a source of inspiration
today.
Connecticut Department of Energy and Environmental Protection
Changing the perception of site cleanup
– Work with
Connecticut Department of Energy and Environmental Protection
Brownfields Coordination
Municipalities
Developers /
End Users
State of CT –
DECD & DEEP
US EPA
Connecticut Department of Energy and Environmental Protection
Success – Past and Future
• State and Federal Agencies have been working
with Municipalities on Brownfields since 1992
• Partnership have yielded great success
• Connecticut is interested in more success with
municipal projects
Connecticut Department of Energy and Environmental Protection
Bryant Electric / Industrial Redevelopment- Bridgeport
New Businesses
•Akdo Intertrade Inc.
•Chaves Bakery II Inc.
•Carr's Ice Cream LLC
•Modern Plastics, Inc.
Connecticut Department of Energy and Environmental Protection
Brownfield to Grocery Store- Bridgeport
Partners
•State of CT
•City of Bridgeport
•Bridgeport Housing
Authority
Project
Tools Used
•Redevelopment of mothballed housing development
• $2.5 M Urban Act Grant
• $15.0 M Private Investment
• DEEP Technical Assistance
Connecticut Department of Energy and Environmental Protection
Main & Pavilion Shopping Center- Hartford
• US EPA
– $160,000 Revolving Loan Fund
• City of Hartford
– $100,000 Community Development Block Grant
– Donation of land
• Community 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 Guarantee
Connecticut Department of Energy and Environmental Protection
Remington Rand, Middletown
City acquired through tax foreclosure
State 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
Connecticut Department of Energy and Environmental Protection
Killingly Commons- Killingly
• CBRA $1.5M Tax Increment
Financing
• 1,000,000 ft2 manufacturing and
warehouse buildings
Redevelopment of site into retail center
Connecticut Department of Energy and Environmental Protection
University of Hartford – Performing Arts Center
Former Auto Dealership
• State provided $4M grant
• CBRA $2.5M PILOT (payment in lieu of taxes)
• Over $16M private investment
Connecticut Department of Energy and Environmental Protection
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 farm
Connecticut Department of Energy and Environmental Protection
Occum Park, Norwich
Former factory destroyed in 1988 fire
Redeveloped into Riverside Park
• Two State grants $2.1 M
• Local funding $200,000
2008 Real Estate Exchange Award
for Community Development
Connecticut Department of Energy and Environmental Protection
State Brownfield Assistance
• Funding (DECD)
• Liability Relief (DEEP and DECD)
• Technical Assistance (DEEP and DECD)
Connecticut Department of Energy and Environmental Protection
State Liability Relief
• Many programs offered to limit the liability of
municipalities, economic development
organizations, and private parties
Connecticut Department of Energy and Environmental Protection
Liability Relief
•
•
•
•
Covenants Not To Sue
Third-party liability relief
Abandoned Brownfield Cleanup Program
Brownfield Remediation and Redevelopment
Program (a.k.a. Section 17)
• Municipal Brownfields Liability Relief
Connecticut Department of Energy and Environmental Protection
Covenants Not To Sue
• Obtained early – after submitting a Brownfield
Investigation Plan and Remediation Schedule
• Two types: CGS §22a-133aa and §22a-133bb
• 133aa transferable, discretionary, has many
protections, costs 3% of property value
– Free for municipalities; other parties can schedule
payments over time
• 133bb: non-transferable, less protections, free
Connecticut Department of Energy and Environmental Protection
Third Party Liability Relief
• Third-party liability limited for non-responsible
parties that own a contaminated property and
investigate and remediate such properties
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
Connecticut Department of Energy and Environmental Protection
Innocent Land Owners
CGS § 22a-452d & 22a-452e
• Innocent 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)
Connecticut Department of Energy and Environmental Protection
Abandoned Brownfield Cleanup Program
• For properties unused or significantly underutilized
for 5 years prior
• Redevelopment of regional or municipal benefit by
non-responsible party
• No obligation to investigate/ remediate off-site
• Liability relief from state or any third party
• No fee, exempt from Property Transfer Act
• Must apply prior to property acquisition
Connecticut Department of Energy and Environmental Protection
Brownfield Remediation and Redevelopment Program
• 32 properties per year admitted by DECD
• Must be bona fide prospective purchaser,
innocent property owner or contiguous
landowner
• Off-site obligation to investigate and remediate
eliminated
• Liability relief from state or any third party
• Fee is 5% value of the land, exempt from
Property Transfer Act
Connecticut Department of Energy and Environmental Protection
Municipal Brownfields Liability Relief Program
• Open to municipalities or development corps
that are not responsible parties
• Simple application submitted prior to
acquisition
• Provides state and third party liability relief,
exemption from Property Transfer Act
• Not required to fully investigate or cleanup the
Brownfield but are required to serve as good
stewards of the land
Connecticut Department of Energy and Environmental Protection
Municipal Access Liability Relief CGS § 22a-133dd
• Any municipality, economic development
entity, or LEP may enter a property to conduct
an investigation without liability if:
–
–
–
–
Owner cannot be located
Property encumbered by tax lien
Notice of eminent domain filed
Municipality finds investigation in public interest to
determine if property should be redeveloped
– Municipal official determines investigation necessary
to assess potential risk to health or environment
Connecticut Department of Energy and Environmental Protection
Transforming Cleanup in Connecticut
Connecticut Department of Energy and Environmental Protection
Why Transform Now
• Status 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 system
• Current system too cumbersome and too
slow to yield timely results commensurate
with risk
Connecticut Department of Energy and Environmental Protection
RemingtonBridgeport
Entered Cleanup
Program 1986
We’re Still Working
on It
Connecticut Department of Energy and Environmental Protection
Waterbury
October 2008 visit to Mill #52
American Rental, 2100 South Main Street, Waterbury
Southern view. Notice: roof
collapse, fence down and site
accessibility, overgrown
vegetation.
What We Need To Change
CURRENT STATE
• Multiple and
Overlapping Programs
TO:
FUTURE STATE
• Unified Program
…….
• Property-based and
Release-based System
TO:
• Primarily a Releasebased System
• Few Properties Exit
Cleanup Program
TO:
• Earlier and Multiple
Exits
• Command and Control
System
TO:
• Self-Implementation
and Clearer Obligations
Connecticut
of Energy and
EnvironmentalPRESERVED
Protection
HIGHDepartment
ENVIRONMENTAL
STANDARDS
BASIC STRUCTURE OF PROPOSED SYSTEM
Connecticut Department of Energy and Environmental Protection
Current RSRs – Limited Options
Self- implementing
using Default
Assumptions /
Criteria
Releases
Many
Site-specific with
Review by
DEEP
Connecticut Department of Energy and Environmental Protection
Few
Future RSRs – Risk Based &Tiered Approach
Self- implementing using Default
Assumptions / Criteria
Releases
Many
Self-implementing using
Well-defined Sitespecific Adjustments
Site-specific with
Review by
DEEP
Connecticut Department of Energy and Environmental Protection
Few
Key Takeaways
• Release-based approach
• Self-implementing with robust auditing and
enforcement
• Multiple, clear, and early exits
• Risk-based cleanup options and alternatives
• Transparency and meaningful participation
• No more Transfer Act
• Level playing field for all businesses
Connecticut Department of Energy and Environmental Protection
Keys To Success
MAKE SAFE
Broad
Applicability
to Report
Achievable
Cleanup
Standards
Successful
Cleanup
Program
Connecticut Department of Energy and Environmental Protection
Ongoing Priorities
Continue to work on making DEEP’s processes
more efficient
• DEEP Remediation Roundtable
– Quarterly meetings- Next- August 26, 2014 1:30 pm
– Information at www.ct.gov/deep/remediation
• Contact me with your ideas/ questions/
concerns
– I’m here to listen and help
Connecticut Department of Energy and Environmental Protection
What do You See?
This?
Or This?
Proposed city boat launch at former oil terminal- Norwich
Connecticut Department of Energy and Environmental Protection
Thank you
Mark R. Lewis
DEEP Brownfields Coordinator
[email protected]
(860) 424-3768
Connecticut Department of Energy and Environmental Protection