Georgias Brownfields Program

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Georgias Brownfields Program
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Brownfields

• Real property, the expansion, development or
  reuse of which may be complicated by the presence
  or potential presence of a hazardous substance,
  pollutant, or contaminant
• Brownfields also include certain sites
  contaminated by petroleum, sites that are
  mine-scarred, and sites contaminated with a
  controlled substance

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Highlights of Brownfields Eligibility

• Prospective purchasers with
• No contribution to the release
• No substantial business relationship with
  responsible party
• Applies to sites that
• Are not federal facilities
• Are not on the federal Superfund list
• Do not have hazardous waste facility permits

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Georgia Brownfields Legislation

• Georgia Hazardous Site Reuse and Redevelopment
  Act
• Amended 2002
• Tax Incentive Bill (House Bill 531)
• Enacted 2003

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Goals of Brownfields Legislation

• To clean up contaminated sites
• To allow property transfers without transfer
  of liability for groundwater cleanup
• To return idle property to productive use
• To reduce urban sprawl
• To reduce urban blight

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Prospective Brownfields Purchasers can

• Obtain limitation of liability for
• groundwater cleanup costs
• third party claims
• Receive tax incentives to offset soil and source
  material cleanup costs
• Be assured of State-sanctioned cleanup in line
  with EPAs policies and revitalization goals

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Two Types of Georgia Brownfields Sites

• Sites listed on the Hazardous Site Inventory (HSI
  Brownfields)

• Sites not listed on the HSI (non-HSI Brownfields)

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All Georgia Brownfields Cleanups

• Provide for protection of human health and the
  environment
• Can result in limitations of liability if
  criteria are met
• Can result in tax incentives if criteria are met

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HSI Brownfields Cleanups

• Will be handled by the Hazardous Site Response
  Program (HSRP)
• Will follow the established HSRP process for
  achieving risk reduction standards

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Non HSI Brownfields Cleanups

• Will be handled by the Brownfields Program
• Are voluntary cleanups
• Will be less proscriptive than HSI cleanups

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Non-HSI Brownfields
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Non-HSI Brownfields Cleanups

• Address contaminated soil
• Address source material
• Establish baseline for groundwater limitation of
  liability
• Apply risk reduction standards to soil and source
  material

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Georgias Approach to Brownfields Redevelopment

• Recognizes that real estate factors, rather than
  contamination factors, drive redevelopment

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Georgias Approach to Brownfields Redevelopment

• Recognizes that timeliness is critical
• Relies on being available to prospective
  purchasers
• Encourages working face-to-face in lieu of paper
  exchanges for most purposes
• Is based on achieving results that accommodate
  needs of all stakeholders

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Benefits of Brownfields Approach

• Real-time decision-making
• Reduced transaction costs
• Common understanding of next steps

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Example Site Assessment

• Prospective purchaser conducts site assessment
• Liability limitation is linked to thorough site
  assessment
• Self-interest results in quick and thorough site
  assessment
• Brownfields Program available to provide any
  level of input requested

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Two Types of Applications for Brownfields Program

• Initial Compliance Status Report
• Application Review Fee 3000

• Prospective Purchaser Corrective Action Plan
• Application Review Fee 3000

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Initial Compliance Status Report

• Appropriate in cases where site conditions are
  well understood
• Future land use is well established
• Certification of the appropriate risk reduction
  standard can be made without further cleanup
• Establishes groundwater contamination baseline

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Prospective Purchaser Corrective Action Plan

• Appropriate at sites where source material and/or
  soil require cleanup in order to achieve the risk
  reduction standard for planned land use
• Specifies actions needed to achieve risk
  reduction standards
• Provides for confirmatory sampling
• Establishes groundwater contamination baseline
• Requires financial assurance

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Limitation of Liability

• Conferred upon EPDs concurrence with
  certification of risk reduction standard
• Fully transferrable
• May have additional requirements which will be
  determined on a case-by-case basis
• eg. financial assurance, institutional controls,
  engineering controls, etc.

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Advantages of Georgia Brownfields Program

• Offers tax incentives to offset cleanup costs
• Provides limitation of liability
• For groundwater cleanup
• For third party claims
• Provides State-sanctioned cleanup in line with
  EPAs policies and revitalization goals

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Georgia Brownfields Contacts

• Non-HSI Brownfields sites
• Madeleine Kellam 404/656-7802
• madeleine_kellam_at_mail.dnr.state.ga.us
• HSI Brownfields sites
• Tim Cash 404/657-8600
• tim_cash_at_mail.dnr.state.ga.us