Transformation Communication Team

5/30/2014
DEEP’s Role in Brownfields
Redevelopment How Can We Help You?
Connecticut
Department
of
Connecticut
Department
of Energy
and Environmental
EnvironmentalProtection
Protection
Energy and
Connecticut Department of Energy and Environmental Protection
Graham Stevens, Office Director
Mark Lewis, Brownfields Coordinator
DEEP- Office of Constituent Affairs & Land Management
Connecticut Department of Energy and Environmental Protection
1
5/30/2014
Willimantic Thread Factory- J. Alden Weir- 1893
Brownfields Coordination
Municipalities
Developers /
End Users
Our mills inspired 19th century landscape painters.
They remain a resource and a source of inspiration
today.
Connecticut Department of Energy and Environmental Protection
State of CT –
DECD & DEEP
US EPA
Connecticut Department of Energy and Environmental Protection
2
5/30/2014
Success – Past and Future
Bryant Electric / Industrial Redevelopment- Bridgeport
New Businesses
• State and Federal Agencies have been working with
municipalities on Brownfields since 1992
• Partnerships have yielded great success
• Connecticut is interested in more success with
municipal projects
•Akdo Intertrade Inc.
•Chaves Bakery II Inc.
•Carr's Ice Cream LLC
•Modern Plastics, Inc.
Remington Rand- Middletown
10 businesses now leasing
space
Connecticut Department of Energy and Environmental Protection
Connecticut Department of Energy and Environmental Protection
3
5/30/2014
Killingly Commons- Killingly
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
Former 1,000,000 ft2 glass factory
CBRA $1.5M Tax Increment
Financing
Now a major regional retail center
Connecticut Department of Energy and Environmental Protection
Connecticut Department of Energy and Environmental Protection
4
5/30/2014
Occum Park, Norwich
Former factory destroyed in 1988 fire
State Brownfield Assistance
Redeveloped into Riverside Park
• Funding (DECD)
• Liability Relief (DEEP and DECD)
• Technical Assistance (DEEP and DECD)
• 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
Connecticut Department of Energy and Environmental Protection
5
5/30/2014
State Liability Relief
For municipalities, economic development
organizations, private parties
•
•
•
•
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
• When?- after submitting Brownfield Investigation
Plan and Remediation Schedule
• CGS §22a-133aa: transferable, many protections,
costs 3% of property value
– Free for municipalities; other parties may schedule
payments over time
• §22a-133bb: non-transferable, less protections, free
Connecticut Department of Energy and Environmental Protection
6
5/30/2014
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 not liable for State actions
taken to contain, remove or mitigate a spill
• Innocent Land Owners not liable for any order of
the Commissioner issued on or before August 1990
to abate or remediate a spill or discharge
Connecticut Department of Energy and Environmental Protection
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5/30/2014
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 and third parties
• 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
• No obligation to investigate and remediate offsite
• Liability relief from state or any third party
• Fee 5% of land value, exempt from Property
Transfer Act
Connecticut Department of Energy and Environmental Protection
8
5/30/2014
Municipal Brownfields Liability Relief Program
• Open to municipalities or development corps
that are not responsible parties
• Simple application submitted prior to
acquisition
• State and third party liability relief, exemption
from Property Transfer Act
• Not required to fully investigate or cleanup
Brownfield but must be good stewards of 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, or
– Municipal official determines investigation necessary
to assess potential risk to health or environment
Connecticut Department of Energy and Environmental Protection
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5/30/2014
Transforming Cleanup in Connecticut
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
slow
Connecticut Department of Energy and Environmental Protection
Connecticut Department of Energy and Environmental Protection
10
5/30/2014
RemingtonBridgeport
Entered Cleanup
Program 1986
We’re Still Working
on It
Connecticut Department of Energy and Environmental Protection
What We Need To Change
CURRENT STATE
FUTURE STATE
• Unified Program
…….
• Multiple and
Overlapping Programs
TO:
• 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
11
5/30/2014
BASIC STRUCTURE OF PROPOSED SYSTEM
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
Connecticut Department of Energy and Environmental Protection
12
5/30/2014
Future RSRs – Risk Based &Tiered Approach
Key Takeaways
• Release-based approach
Self- implementing using Default
Assumptions / Criteria
Releases
Many
• Multiple, clear, and early exits
Self-implementing using
Well-defined Sitespecific Adjustments
• Risk-based cleanup options and alternatives
• Transparency and meaningful participation
Site-specific with
Review by
DEEP
Connecticut Department of Energy and Environmental Protection
• Self-implementing with robust auditing and
enforcement
• No more Transfer Act
Few
• Level playing field for all businesses
Connecticut Department of Energy and Environmental Protection
13
5/30/2014
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 us with ideas/ questions/ concerns
– We are here to listen and help
Connecticut Department of Energy and Environmental Protection
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5/30/2014
Thank you
What do You See?
Mark R. Lewis
Brownfields Coordinator
[email protected]
(860) 424-3768
This?
Or this?
Proposed city boat launch at former oil terminal- Norwich
Connecticut Department of Energy and Environmental Protection
Graham J. Stevens
Office Director
[email protected]
(860) 424-4166
DEEP- Office of Constituent Affairs & Land Management
Connecticut Department of Energy and Environmental Protection
15