Transformation Communication Team

Transformation Communication Team

Connecticut Department of Connecticut Department of Energy and Protection Energy andEnvironmental Environmental Protection

Connecticut Department of Energy and Environmental Protection DEEPs 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 Todays 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 Municipalitie s 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

Two State grants $2.1 M Local funding $200,000 Redeveloped into Riverside Park 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 Were 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 . 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 Property-based and Release-based System 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 Releases Many Few

Connecticut Department of Energy and Environmental Protection Future RSRs Risk Based &Tiered Approach Releases Many Few Connecticut Department of Energy and Environmental Protection 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

Connecticut Department of Energy and Environmental Protection Ongoing Priorities Continue to work on making DEEPs 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 Im 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

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