CALED’s 35 th Annual Training Conference April 21, 2015 Yvonne Mallory, City of Gardena John...
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Turning Brownfields to Gold CALED’s 35 th Annual Training Conference April 21, 2015 Yvonne Mallory, City of Gardena John Wharff, PM Environmental, Inc. Robert Doty, Cox Castle & Nicholson
CALED’s 35 th Annual Training Conference April 21, 2015 Yvonne Mallory, City of Gardena John Wharff, PM Environmental, Inc. Robert Doty, Cox Castle & Nicholson
CALEDs 35 th Annual Training Conference April 21, 2015 Yvonne
Mallory, City of Gardena John Wharff, PM Environmental, Inc. Robert
Doty, Cox Castle & Nicholson
Slide 2
Defined : Real property, the expansion, redevelopment, or reuse
of which may be complicated by the presence or potential presence
of a hazardous substance, pollutant, or contaminant. 42 U.S.C.
9601(35)(A) Property that is often Vacant, idle, or abandoned
Underutilized Blighted Examples - abandoned/dilapidated commercial
structures - gas stations - machine shops - dry cleaners - orchards
Presented by PM Environmental, the City of Gardena and Cox, Castle
& Nicholson
Slide 3
2006 (Metal Plating Facility) Today Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 4
Revitalization Enhanced Employment Improved Property Values
Catalyzing locations/projects Before After Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 5
CERCLA (aka Superfund) - The Comprehensive Environmental
Response, Compensation and Liability Act Post CERCLA Reforms 2002
Federal Brownfield Amendments 2004 Land Reuse and Revitalization
Act (CLRRA) 2013 AB 440 (the new Polanco Act) Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 6
You peel, you cry. You peel some more, you cry some more. Fret
not, the results are worth it.
Slide 7
Executive Buy-in Community Inventories desktop or agency
research (Envirostor/Geotracker databases) to develop lists of
potential Brownfields sites. Community Outreach workshops,
meetings, printed resources. Consultations concerned and
confidential property owner meetings. Phase I ESA (next
slides)
Slide 8
Objective: all appropriate inquiry into previous ownership and
uses. Identify RECs - recognized environmental conditions. Focus
On: Current Records Government Databases Historical Information
Aerial Photographs, Topographic Maps, Sanborn Maps, City
Directories, etc. Interviews Site Reconnaissance Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 9
Target Property Leaking Tanks Presented by PM Environmental,
the City of Gardena and Cox, Castle & Nicholson
Slide 10
1891-1961 Fire Insurance Maps 1947-2009 Aerial Photographs
Presented by PM Environmental, the City of Gardena and Cox, Castle
& Nicholson
Slide 11
19501980 Former Gas StationVacant Property ? Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 12
A past, regularly reported, release of any hazardous substances
or petroleum products that has occurred in connection with the
property and has been addressed to the satisfaction of the
applicable regulatory authority or meeting unrestricted residential
use criteria established by a regulatory authority, without
subjecting the property to any required controls. Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 13
Involves a past release of hazardous substances or petroleum
products that has been addressed to the satisfaction of the
applicable regulatory authority, with hazardous substances or
petroleum products allowed to remain in place subject to required
controls (i.e. property use restrictions or engineering controls).
Presented by PM Environmental, the City of Gardena and Cox, Castle
& Nicholson
Slide 14
Considerations Vapors (from volatile contaminants) can migrate
into buildings resulting in Vapor Intrusion Risk. Vapor intrusion
is currently a high visibility issue. Dry cleaners and other
solvent-handling businesses are common sources. ASTM E2600-10 is
not necessarily required for a Phase I, but a vapor REC => Phase
II ESA. Presented by PM Environmental, the City of Gardena and Cox,
Castle & Nicholson
Slide 15
No they surface existing information. SOP in property
transactions. Access is needed (to avoid data gaps). Authority in
AB 440 to obtain them where cooperation is not forthcoming
25403.1(f) Presented by PM Environmental, the City of Gardena and
Cox, Castle & Nicholson
Slide 16
Phase II ESA (Soil borings, monitoring wells, vapor samples.
Target underground storage tank locations, drums, dry well
location, etc.). Geophysical surveys if orphan USTs are suspected.
Costs vary widely. Presented by PM Environmental, the City of
Gardena and Cox Castle & Nicholson
Slide 17
geophysical surveys backhoe test pits soil and groundwater
sampling soil vapor surveys Types of investigative technics:
Presented by PM Environmental, the City of Gardena and Cox, Castle
& Nicholson
Slide 18
Not if done correctly, but they do surface new problems data
disclosure may be required! Common in property transactions, but
terms vary. Authority in AB 440 to obtain them where cooperation is
not forthcoming 25403.1(f). Presented by PM Environmental, the City
of Gardena and Cox, Castle & Nicholson
Slide 19
Goal is site closure. Goal is never pristine. VCAs; CLRRA; AB
440; and the 201 panel. Insurance & risk transfer come in many
shapes and sizes. Contamination Removal In - situ Remediation
Presented by PM Environmental, the City of Gardena and Cox, Castle
& Nicholson
Slide 20
Three Primary Types: EPA Site Assessment Grants EPA Cleanup
Grants EPA Revolving Loan Funds Presented by PM Environmental, the
City of Gardena and Cox, Castle & Nicholson
Slide 21
Municipalities, quasi governmental organizations, Native
American tribes, and coalitions of organizations can apply. Private
organizations are not eligible, even if they work in conjunction
with municipalities. Funding for Phase I ESAs, Phase II ESAs,
asbestos inspections, lead inspections, cleanup planning, community
involvement, and/or health monitoring. Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 22
A municipality can apply for up to $400,000 at a time ($200,000
for petroleum sites/$200,000 for hazardous substance sites). Sites
must meet EPA site evaluation requirements (e.g., no Superfund
sites; no obvious RP). Can be spent over a three-year period. Focus
is both actually contaminated sites and perceived contamination.
Presented by PM Environmental, the City of Gardena and Cox, Castle
& Nicholson
Slide 23
Access/cooperation assessment can reveal problems. Highly
competitive. Cannot be used for remediation. Presented by PM
Environmental, the City of Gardena and Cox, Castle &
Nicholson
Slide 24
Site specific grants for remediation at individual properties.
Up to $200,000 cleanup grant funds per site (public entities can
apply for cleanup funds for up to three (3) sites per year). Target
of cleanup grant must already have documented contamination in the
form of a Phase II ESA or other equivalent report. Entity applying
must own property. Presented by PM Environmental, the City of
Gardena and Cox, Castle & Nicholson
Slide 25
Revolving Loans Workforce Development and Job Training Grant
Job training programs focused on hazardous and solid waste
management, assessment, and cleanup- associated activities. State
and Tribal Response Programs Area Wide Planning Grants Various
Pilot programs Presented by PM Environmental, the City of Gardena
and Cox, Castle & Nicholson
Slide 26
SB 445 LUST Fund Site Cleanup Subaccount Program (SCAP) just
starting this spring.
http://www.waterboards.ca.gov/water_issues/programs/gran
ts_loans/scap/ DTSC Loans and Subgrants Grants
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/Loan_ Grants.cfm
Targeted Site Assessment (DTSCs contractor does Phase I, Phase II,
other Investigation). [email protected]