HCPC BROWNFIELDS INITIATIVE:
AN OVERVIEW
Introduction
February 2015
Hancock County Planning Commission has received US Environmental Protection Agency funding to hire an environmental professional to conduct site assessments of brownfields sites. Our grant covers both hazardous substance and petroleum sites. Here are some commonly asked questions about brownfields. For more information, contact Tom Martin (tmartin@hcpcme.org) or 207-667-7131 at the HCPC.
What are Brownfields?
The legal definition is in the Small Business Liability Relief and Brownfields Revitalization Act (Pub .L. No. 107-118, 115 stat. 2356, "the Brownfields Law", 2002):
The term "brownfield site" means 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.
So what does that definition really mean? Let’s break it down into smaller pieces:
Real Property: Any piece of land. In its present state it may be industrial, commercial, residential, undeveloped, abandoned, or any combination thereof.
Expansion, redevelopment, or reuse: Any sort of change in the current status of the property. It could be a major redevelopment project involving demolition and new building, or it could be as simple as the property changing ownership while keeping operations the same.
The presence or potential presence: This is a matter of perception when it comes to unassessed sites. Knowledge of past site operations may come in to play, but the biggest variable is going to be the individuals whose perceptions matter. Since owners, prospective purchasers, lenders, and other parties all have different interests, they will perceive environmental risk differently. A site assessment conducted by a qualified environmental professional following US EPA guidelines can identify the actual site conditions and how any contamination can be managed. In many cases the contamination is relatively minor.
Hazardous substance, pollutant, or contaminant: There are a wide variety of activities that may have impacted a site. Any number of industrial activities may leave an environmental legacy behind at a site. At commercial facilities, improper storage or disposal of products may be an issue. Even residential properties may have issues surrounding lead-based paint, asbestos building materials, or disposal of household waste. Not every property has problems, but no property should be presumed to be free of them without proper investigation.
Frequently Asked Questions About Brownfields
Our town does not have a history of large-scale development, why would we have any Brownfields sites?
Answer: Our preliminary list shows that virtually every community in Hancock County has properties that meet the definition of a Brownfields site. These sites may as small as an abandoned country store or as big as manufacturing plant.
The VRAP process has taken care of all of our problems, why do we need Brownfields?
Answer: Brownfields can fund the environmental investigations required for VRAP closure. This is not an either-or situation, the two programs complement each other.
What is VRAP?
Answer: The Voluntary Response Action Program (“VRAP”) is administered by the DEP Bureau of Remediation & Waste Management, allows any party to submit environmental site assessments (“ESAs”) and voluntary response plans to the department for review. If there is no evidence of contamination or threat to public health or the environment, the party may request technical review of the reports, including a “No Further Action Assurance” letter, indicating that no remedial actions are necessary at the site. For more information, see: www.maine.gov/dep/spills/vrap/ipvrap
Landowners have no incentive to participate since they don’t want to reveal potential liabilities. Why would they participate?
Answer: When the time comes to sell the property, the buyer and seller will need to know what is on the site. The sale of a property doesn’t insulate the seller against future civil or legal liability, if environmental issues are discovered. Only full investigation and disclosure can do that.
The buyer will need to know the environmental conditions at the site in order to secure loans or investments. If a bank is unsure if a property is contaminated or not, it will be unable to provide a loan. An environmental assessment can delineate any environmental issues and allow lenders to assign a real market value to a property that may have previously been untouchable.
We Believe There Are Some Potential Sites in Our Town. What is Our Next Step?
Answer: Contact Tom Martin at the HCPC (667-7131 or tmartin@hcpcme.org). He can help you determine if it is eligible and, if necessary, refer the matter to an environmental specialist for site visit. It would be helpful if you could complete and return to us the Site Nomination Form. We are contunuing to update our list of sites. The focus of this grant is on sites that meet our site selection criteria. These include reuse potential for job creation. commercial and recreational activities, public access, land conservation, workforce housing, and public facilities. For details see: site selection criteria. The sites will be reviewed by the Hancock County Brownfields Steering Committee using the selection criteria. All investigations require EPA and/or DEP approval.