TKF Foundation: Open Spaces Sacred Places National Awards Initiative

TKF Foundation: Open Spaces Sacred Places National Awards Initiative

The TKF Foundation supports the creation of public green spaces that offer temporary sanctuary, encourage reflection, provide solace, and engender peace and well being. The Foundation's Open Spaces Sacred Places National Awards Initiative funds the development of significant new public green spaces in urban settings that demonstrate a combination of high quality design-build and rigorous research about user impacts. The application deadline is June 29, 2012.

Brownfields on the National Historic Voting Rights Trail Selma To Montgomery, Alabama

History And Site Activities

Since 2009, Alabama’s Department of Environmental Management (ADEM) and EPA are working closely with local communities and citizens living along and in the vicinity of the Selma to Montgomery National Historic Voting Rights Trail to envision and realize a local community vision for revitalization that is consistent with national historic site goals. The Trail runs through Dallas, Lowndes, and Montgomery Counties and is a pivotal civil rights location that commemorates events, people, and the route of the 1965 Voting Rights March. It begins in Selma and continues along U.S. Highway 80 to West Montgomery. Unfortunately today, the route is a 54-mile corridor of high unemployment, health issues, lower educational and economic achievements, and severe rural isolation.

There are many active and former gasoline stations along the Trail that have the potential to cause contamination from petroleum leaks. One example where ADEM and EPA are addressing contamination is a former Gulf service station on Oak Street in Montgomery in an area bordered by mixed light commercial and residential properties. This was formerly a retail gas station and is currently used as a car detail shop. This site has petroleum contamination that dates back to at least 1986 or earlier, and in 1986 four 3,000 gallon gasoline tanks were removed. There are concerns about soil, groundwater, and possibly petroleum vapor contamination in surrounding residential neighborhoods. Site investigation activities are going on now. Groundwater monitoring and risk assessment activities are next, with cleanup activities to be completed in late 2011. ADEM intends to clean up the site to a level protective of human health and the environment, which will allow for a greater range of property uses.

ADEM and EPA are conducting site assessment activities for other petroleum and hazardous waste properties along the corridor. To date, EPA has provided 18 Targeted Brownfields Assessments along the Trail. Combining targeted involvement and leveraging other federal and state resources, ADEM and EPA can facilitate community based revitalization, environmental benefits, and economic development activities along the corridor.

Community Engagement Activities

ADEM and EPA, along with a number of state (such as the AL Department of Revenue and Historic Commission) and federal agencies (such as the Army Corps of Engineers, National Park Service, Housing and Urban Development, Department of Agriculture, Federal Highway Administration, and U.S. Geological Survey), are collaborating with local communities along the Trail.

Federal and state partners recognized that involving local government and communities was important for determining if the project was viable and focusing limited resources. Mayors, other elected officials and non-governmental groups are participating in these discussions. Since spring 2010, Federal Agencies continued to meet with local communities and their leadership to continue revitalization efforts. Meetings have been held in Hayneville, Montgomery, and Selma, with more meetings planned for additional communities. A Sustainability Workshop is planned for Selma in September 2010, to provide further information about available technical assistance and grant resources for these communities.

Two months prior to the initial meetings with community members, ADEM and EPA hosted a pre-meeting for other state and federal agencies involved to encourage participation in and familiarize them with the vision-to-action session process, a technique to help stakeholders create and develop their ideas. The pre-meeting was critical to gauging the level of interest from state and federal agencies and obtaining other agencies’ views on existing community issues. It was also an effective way for ADEM and EPA to communicate their goals for the project and provide support for cleanup planning efforts that connected community members with resources for development and reuse.

State and federal government agencies organized, provided support for, and invited affected citizens and community members to participate in eight vision-to-action sessions. The sessions were held on three separate days during different weeks to maximize community participation and focus attention on various community areas. Local community contacts were instrumental in identifying meeting locations (such as churches and community centers), dates, and times – this was critical to obtaining community
involvement. Because a significant segment of the community did not have internet access, meeting flyers were posted and hand-delivered to citizens. This extension outreach worked; citizens of many ages, including a police chief, local emergency management director, and minister, as well as long time residents participated in the vision-to-action sessions.

At these sessions, citizens shared their improvement ideas (signs to community and historic resources); community economic development plans (reusing abandoned gas stations for craft and gift shops, luncheonettes, and farmers markets); and additional ideas (bike trails connecting nearby communities to the Trail, new parks, and shopping venues). EPA and the Army Corps of Engineers provided artistic support. An artist compiled multiple drawings – which incorporated citizens’ ideas – into a community vision which helped citizens communicate their community reuse visions to developers, elected officials, and others.
These sessions were a positive experience for citizens and local, state, and federal agencies in working together to identify reuse options and plans for the affected communities. Because of that, stakeholders are continuing to work together on other development projects, such as improvements to water resources, transportation, and education.

Community Engagement Lessons Learned

• Prepare early – introducing local, state, and federal agency stakeholders to the approach and obtaining their involvement early is critical to success
• Use multiple opportunities to meet with communities – this allows for maximum participation from interested citizens
• Ask for the community’s help – community members have valuable information and ideas to bring to cleanup solutions and reuse of sites

Brownfield Planning on the corridor scale: The Tamiami Trail

The Tamiami Trail Petroleum Brownfields Revitalization Initiative in Florida is a good example of corridor planning with cooperative stakeholder engagement. A Florida Scenic Highway that connects Tampa to Miami, the Tamiami Trail passes through big cities, rural towns, and the Everglades. New interstate development has shifted traffic away from the Trail, and abandoned gas stations have become commonplace. The Revitalization Initiative focuses on a 70-mile stretch of the Trail in Sarasota and Manatee counties that is contaminated by more than 500 petroleum brownfield sites and touches many distressed communities.

The Revitalization Initiative has successfully incorporated the needs of all the communities along the Trail into
a single vision and capitalized on existing community networks and organizing structures along the length of
the corridor. When the Initiative launched in 2009, the Sarasota/Manatee Metropolitan Planning Organization
(MPO) became an organizing vehicle for community outreach. Revitalization Initiative staff also partnered with
local nonprofits, educational institutions and the NAACP to solicit community input and share updates, and
participated in monthly meetings with stakeholders to capture as much community feedback as possible
throughout the planning process.

The Brownfields Revitalization Initiative is still underway. Project staff are currently working to inventory former
gas station sites and brownfields along the corridor and bring new partners into the effort. For more information, download the Environmental Law Institute’s fact sheet about the Initiative at:

http://www.eli.org/pdf/tamiamitrailfactsheet102709.pdf.

Florida's "Highways to Health Care Initiative"

Communities along several major transportation corridors in Florida face the dual challenge of petroleum-related brownfields and inadequate access to health care facilities. The “Highways to Healthcare” initiative plans to solve both.  The Initiative is a community-driven effort to redevelop contaminated UST sites and other
brownfields along major corridors in Florida and to turn the sites into clinics and other health and public service facilities. This multisite planning initiative has fostered nontraditional partnerships and provided a means to get lagging properties off the state’s corrective backlog while also addressing the broader goals of neighborhood revitalization and human services. In St. Petersburg, for example, help from the Florida Department of Environmental Protection’s abandoned storage tank program led to the cleanup of a site that now houses the Johnnie Ruth Clarke Health Center, initially contaminated from both an offsite abandoned gas station and an on-site deteriorated boiler tank.  The redevelopment of this site has proven to be catalytic, spurring further development in the area including a performing arts center and retail and grocery shopping.  For more information about the Highways to Healthcare initiative, download a presentation about the program from the National Association of Local Government Environmental Professionals at

http://www.nalgep.org/ewebeditpro/items/O93F24871.pdf.

EPA Adds Four Hazardous Waste Sites in the Southeast to Superfund’s National Priorities List, Proposing an Additional 3 Sites

Release Date: 03/13/2012
Contact Information: James Pinkney, (404) 562-9183, pinkney.james@epa.gov

(ATLANTA – March. 13, 2012) The U.S. Environmental Protection Agency has added four new hazardous waste sites in the southeast that pose risks to human health and the environment to the National Priorities List (NPL) of Superfund sites. EPA is also proposing to add another three sites to the list. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country.

The following four sites in the Southeast have been added to the National Priorities List:
• Continental Cleaners (former dry cleaners) in Miami, Fla.;
• Chemfax, Inc. (former manufacturer of synthetic resins and waxes) in Gulfport, Miss.;
• Southeastern Wood Preserving (former wood treating operation) in Canton, Miss.; and
• CTS of Asheville, Inc. (former electronics components manufacturer) in Asheville, N.C.

The following three sites have been proposed for addition to the National Priorities List:
• Fairfax St. Wood Treaters (former wood treating operation) in Jacksonville, Fla.;
• Macon Naval Ordnance Plant (former ordnance manufacturer) in Macon, Ga.; and
• Holcomb Creosote Co (former wood treating operation) in Yadkinville, N.C.

EPA is also withdrawing its earlier proposal to add the Arnold Engineering Development Center site in Coffee and Franklin Counties, Tennessee to the NPL. This site is being addressed under the Resource Conservation and Recovery Act (RCRA) program. Cleanup is progressing successfully, the migration of contaminated ground water is under control and measures have been taken that are protective of human health.

Since 1983, 1,661 sites have been listed on the NPL. Of these sites, 359 sites have been cleaned up resulting in 1,302 sites currently on the NPL (including the nine sites added today). There are 62 proposed sites (including the 10 announced today) awaiting final agency action.

Contaminants found at the sites include arsenic, benzene, cadmium, chromium, copper, creosote, dichloroethene (DCE), lead, mercury, polynuclear aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), tetrachloroethylene (PCE), pentachlorophenol (PCP), trichloroethane (TCA), trichloroethylene (TCE), toluene, uranium and zinc.

With all NPL sites, EPA works to identify companies or people responsible for the contamination at a site, and require them to conduct or pay for the cleanup. For the newly listed sites without viable potentially responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site. Therefore, it may be several years before significant EPA clean up funding is required for these sites.

Contaminated sites may be placed on the list through various mechanisms:
· Numeric ranking established by EPA’s Hazard Ranking System
· Designation by states or territories of one top-priority site
· Meeting all three of the following requirements:

- The Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Department of Health and Human Services has issued a health advisory that recommends removing people from the site;- EPA determines the site poses a significant threat to public health; and
- EPA anticipates it will be more cost-effective to use its remedial authority than to use its emergency removal authority to respond to the site.

Federal Register notices and supporting documents for the final and proposed sites: http://www.epa.gov/superfund/sites/npl/current.htm

Information about how a site is listed on the NPL:
http://www.epa.gov/superfund/sites/npl/npl_hrs.htm

Superfund sites in local communities:
http://www.epa.gov/superfund/sites/index.htm

Atlanta Beltline Brownfield Project Looks at Health Impact Assessment

SOURCE:  THE ATLANTIC CITIES, by E. Jaffe

In the musical chairs of urban planning, public health often finds itself left standing when the music stops. Often, by the time policymakers rouse support, local agencies rally funding, and land-use and transportation professionals exchange designs there's no one left to determine exactly how it will impact the health of those it's meant to serve in the first place.

That's where a "health impact assessment" comes in. An HIA, like an environmental review, evaluates the potential effects a major planning project might have on the public health of a surrounding community, and recommends certain actions needed to mitigate - or, in the case of health benefits, accelerate - those impacts.
The tool is used regularly in Europe and Canada [PDF], but it's beginning to gain some attention in the United States as well. A recent H.I.A. in northern California, for instance, pointed out that one potential barrier to public use of a walking-biking trail was safety, so it recommended proper lighting and the creation of a citizen watch group. A number of cities around the country have an H.I.A. planned, in progress, or recently completed.

Atlanta completed a two-year health impact assessment for its massive BeltLine project in 2007. The full report ran more than 200 pages [PDF], but a review of that effort, published in this month's issue of the American Journal of Preventive Medicine, offers a compact summary of the committee's recommendations. As that paper makes clear, the study team is confident their HIA will "promote the health of local residents" far more than if the BeltLine had been built without it.

[MORE]

Georgia State Rep. Lynn Smith's brownfield legislation passes House

Source: The Newnan Times-Herald, By S. Campbell

State Rep. Lynn Smith, R-Newnan, is author of a bill intended to help encourage people to clean up and redevelop "brownfields."The Georgia Brownfield program offers liability protection and tax incentives for those who clean up environmentally damaged land.Under HB 1102, which passed the Georgia House of Representatives by a vote of 162 to 1, a person who purchases a brownfield property can apply for the brownfield program up to 30 days after closing on the property. Under current law, the application must be made before the person actually purchases the property. [More]

Bunnell sees brownfields redevelopment as economic engine

Source: Daytona Beach News Journal, by A. London)

 

BUNNELL -- As an older city, the county seat faces challenges when trying to revitalize its downtown core. While the city's Community Redevelopment Agency waits for property tax revenues to rise for new projets, officials aren't waiting to find other ways to pay for revitalization efforts.One possible solution is through state and federal brownfields redevelopment programs. To help residents and community leaders understand the process and provide information about resources and incentives, city officials held a brownfields workshop at the historic City Hall earlier this week."It's vital we tap into other programs on finding sources to spur economic development and redevelopment in our downtown area," said Judi Stetson, the city's CRA director. "As an older community, events have happened and it's a priority of the city to revitalize our downtown. We feel it is in our best interest to provide as much information and resources as possible."Michale Barr, president of Crossroads Development Solutions and chairman of the Bunnell Chamber of Commerce, said the brownfields initiative is "not necessarily a single tool" for the city's efforts, but "it is an effective addition."Barr added it is important for the city to explore all options available for grants and other funding opportunities to help redevelop its downtown area."There are so many different programs out there and you can assemble them with others," he said.Stetson said one of the reasons for holding the brownfields workshop is because many people don't understand what brownfields are.Cyndi Romero, with Enercon Environmental Services, said many people have a negative perception of the term "brownfields."

[MORE]

CREATING COMMUNITY-BASED BROWNFIELD REDEVELOPMENT STRATEGIES

Brownfields impact communities in a variety of ways. Abandoned or dilapidated buildings on brownfield sites signal neglect even in an otherwise well-maintained neighborhood.  Contaminants found on brownfield sites can pollute soil, air, and water resources on- and off-site. This poses environmental and public health threats. Safety
is another issue as neglected sites are a breeding ground for illegal activities, such as dumping. Finally, brownfields are a drain on the local economy and take a serious toll on community morale, especially in low-income neighborhoods that suffer from a disproportionate number of brownfield sites.

Despite these negative impacts, brownfields present an opportunity to communities.  Redevelopment efforts across the country have transformed former gas stations, contaminated industrial sites, dilapidated hospitals, and run-down, asbestos-laden schools into affordable housing, parkland and open space, community centers, housing for elderly, mixed-use developments, and even community gardens and other forms of urban agriculture. Brownfields are often found in prime locations—central to business districts, bordering or within neighborhoods, along popular commercial corridors, and on high-traffic transportation routes, and provide opportunities for economic development in historically disinvested communities. Brownfields offer developable land in otherwise built-out communities. The redevelopment of even a single brownfield site can spur economic development and opportunities throughout an entire district.

Each and every brownfield site is different. Physical characteristics, site history, community dynamics, location, contaminants, ownership, and financing all play a role in the how a site is redeveloped. Notwithstanding, below is a basic redevelopment process that can be molded to fit almost any effort to remediate and redevelop a brownfield site. The basic steps in the brownfield redevelopment process include:

Step 1: Develop a Community Vision
Step 2: Identify Brownfield Sites
Step 3: Assess Level of Contamination
Step 4: Determine Reuse Options
Step 5: Evaluate Cleanup Options
Step 6: Implement a Redevelopment Plan

MORE

From Vacancy to Vibrancy: A guide to redeveloping underground storage tank sites through area-wide planning

Posted on March 14, 2012 by Smart Growth America

A new guide for town, city and county leaders outlines a new tool they can use to build the financial and political support needed to reclaim and redevelop the thousands of abandoned gas stations, auto body shops, and industrial facilities nationwide.

From Vacancy to Vibrancy focuses on underground storage tank (UST) sites – properties with buried or partially buried tanks that have been used to store petroleum or other hazardous substances. When gas stations, auto body shops, industrial facilities or other types of development close down, these tanks are often left behind. As they age, the tanks are prone to leakage and can contaminate both soil and groundwater, posing a serious environmental threat. The new guide takes aim at one of the primary reasons these types of properties remain vacant for so long: many officials just don’t know what to do with them.
The regulatory issues associated with vacant properties containing a UST, as well as the time and money involved in cleanup, often makes revitalization seem like more trouble than it is worth. These challenges are overshadowed, however, by UST sites’ potential for neighborhood revitalization. From the Executive Summary:

UST sites are often both small and centrally located, and both these traits make them unique opportunities for revitalization. As demand rises for housing in neighborhoods close to town and in city centers – persisting in spite of larger challenges in the real estate market nationwide – UST sites are in a position to catalyze reinvestment and redevelopment initiatives.

From Vacancy to Vibrancy provides an overview of the tools and strategies available to leaders who want to transform vacant properties with USTs into economic and community assets. The guide also includes information about state and federal brownfield program requirements, brownfield redevelopment financing strategies, and multi-site planning techniques. An annotated list of resources is included at the end for further exploration.
Download From Vacancy to Vibrancy: A guide to redeveloping underground storage tank sites through area-wide planning (PDF)

State Farm Companies Grants.

State Farm’s grants program strives to meet the needs of communities in the U.S. and Canada by supporting nonprofit organizations, educational institutions, and government agencies that address community development, safety, or education. The emphasis of its Community Development Grants is on affordable housing, first-time homeowners, community revitalization, and economic development. 

Applications will be accepted through May 31, 2012.

Learn more.

Grant Opportunity: HUD’s Choice Neighborhood Program

The U.S. Department of Housing and Urban Development is making $110 million available for its Choice Neighborhoods Implementation Grant Program in 2012. Choice Neighborhoods Grants help transform neighborhoods by revitalizing severely distressed public and/or assisted housing and linking housing improvements with appropriate services, schools, public assets, transportation, and access to jobs. HUD plans to award 4-5 grants with a $30 million maximum award. 

Deadline: April 10, 2012. 

Learn more.

Grant Opportunity - The Rural Energy for America Program

The Renewable Energy System and Energy Efficiency Improvement Guaranteed Loan and Grant Program provides financial assistance to agricultural producers and rural small businesses to purchase, install, and construct renewable energy systems; make energy efficiency improvements; use renewable technologies that reduce energy consumption; and participate in energy audits, renewable energy development assistance, and feasibility studies. 

 

Deadline: March 30, 2012.

 

 Learn more.

Port Arthur is Among Recipients of $750,000 in Smart Growth Assistance Provided by EPA

Release Date: 02/03/2012
Contact Information: Dave Bary or Jennah Durant at 214-665-2200 or r6press@epa.gov

Building Blocks for Sustainable Communities is a project of the Partnership for Sustainable Communities among EPA, the U.S. Department of Housing and Urban Development (HUD), and the U.S. Department of Transportation (DOT). The interagency collaboration coordinates federal investments in infrastructure, facilities, and services to get better results for communities and use taxpayer money more efficiently. The partnership is helping communities across the country create more housing choices, make transportation more efficient and reliable, reinforce existing investments, and support vibrant and healthy neighborhoods that attract businesses.

Port Arthur is receiving assistance in the development of a walking audit, which will help form a vision for short- and long- term improvements to sidewalks and streets.

Today’s announcement marks the second round of Building Blocks assistance. Thirty-two other communities were named in the first round in April 2011. EPA selected the 56 communities from 350 applicants through a competitive process in consultation with EPA’s regional offices, HUD, DOT, and the U.S. Department of Agriculture (USDA).

More information on the Building Blocks for Sustainable Communities: http://www.epa.gov/smartgrowth/buildingblocks.htm

More information on the Partnership for Sustainable Communities: http://www.sustainablecommunities.gov

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/feb2012.html

# # #

The Davis-Bacon Act and Brownfields

Introduction

By their design, EPA Brownfields grants depend upon the efforts of a wide range of participants, including public- and private-sector entities who finance transformation of brownfields sites, as well as the individual workers and laborers on the front lines of cleanup and redevelopment. The U.S. government has laws in place to ensure that any worker involved in a federally-funded public works project is compensated in a fair and timely manner. This legislation, known as the Davis-Bacon Act, applies to EPA-funded brownfields cleanup activities and projects funded under EPA Brownfields Cleanup and Revolving Loan Fund (RLF) grants.

Background on the Davis-Bacon Act

The Davis-Bacon Act was enacted in 1931 in response to the rampant unemployment of the depression era. At the time, the primary intent of the Act was to promote the hiring of skilled, local workers, by discouraging the import of laborers from other regions who would work for lower wages.

Since its enactment, Davis-Bacon has been amended three times, in 1935, 1964, and 1994. The Act was briefly suspended twice— in 1992 and 2005—to facilitate emergency response activities following Hurricanes Andrew and Katrina. The Act is administered and enforced by the Wage and Hour Division of the Employment Standards Administration, which falls under the U.S. Department of Labor (DOL).

Overview of the Act

The Davis-Bacon Act applies to EPA Brownfields grants by way of section 104(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), under which:

“...all laborers and mechanics employed by contractors or subcontractors employed in the performance of construction, alteration, or repair work funded in whole or in part [by Brownfields grants] shall be paid locally prevailing wages.”

These locally prevailing wage rates are determined by the U.S. Department of Labor, and can be accessed in a searchable database at the following address: http://www.access.gpo.gov/davisbacon/.

The Act covers all contractors and subcontractors performing work on federally-funded or -assisted construction contracts in excess of $2,000. While apprentices and trainees may be employed at less than predetermined rates, apprentices must be employed pursuant to an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department.

How Does the Act Apply to Brownfields Projects?

The Davis-Bacon Act applies to all construction, alteration, and repair (including painting and decorating) contracts and sub-contracts awarded with EPA grant funds. For cleanup activities funded through EPA Brownfields Cleanup and Revolving Loan Fund grants, recent and applicable wage rates from the U.S. Department of Labor must be incorporated into construction, alteration, and repair (including painting and decorating) solicitation and contracts.

How Davis-Bacon Applies to Cleanup of Petroleum-Contaminated Brownfields

Some cleanup activities at sites contaminated by petroleum are not subject to Davis-Bacon Act requirements. Such activities include site remediation through drilling temporary recovery wells, drawing out contaminated soil or water, treating the contaminated soil/water on site, removing the treatment technology and closing recovery wells, and restoration of the area surrounding tank removal that involves only filling and compaction of soil. However, the Davis-Bacon Act does apply to the following petroleum-related
cleanup activities:

• Installing piping to connect households or businesses to public water systems or replacing public water system supply well(s) and associated piping due to groundwater contamination.
• Soil excavation/replacement when undertaken in conjunction with the installation of public water lines/wells described above.
• Soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement.

How Davis-Bacon Applies to Brownfields Grants Funded Through the American Recovery and Reinvestment Act?

It should be noted that the same Davis-Bacon requirements apply to Brownfields Cleanup and RLF grants funded through the American Recovery and Reinvestment Act. There are no differences as to how Davis-Bacon requirements should be met for such grants.

Consider a Central Land Bank for Vacant Properties

Philadelphia Councilwoman Proposes Central Land Bank To Administer Vacant Properties.

The Philadelphia Inquirer (2/2, Graham) reported, "After years of discussion on how to remedy the city's plague of vacant and often rotting properties, Councilwoman Maria Quiñones Sánchez introduced a bill Thursday that would create a central land bank to collect and find better uses for empty parcels." City-owned vacant properties are now "divided among a number of agencies," each with its own "policies and rules for disposing of parcels." Sánchez said this system "stymies potential buyers and developers, and frustrates efforts to turn vacant lots into green spaces." Under her proposal, the central land bank "would be allowed to dispose of land at reduced or nominal prices for 'projects that demonstrate beneficial community impact,' such as affordable housing and community gardens."

SCHNAPF LAW - Review of Recent CERCLA Third Party Defense “Due Care” Caselaw-Part 1

Review of Recent CERCLA Third Party Defense “Due Care” Caselaw-Part 1

Source: Schnapf Law 

February 5th, 2012

The Third Party defense (42 U.S.C. 9607(b)(3) is probably the most important CERCLA defense. To assert the defense, a defendant must satisfy the following four elements or prongs:

• The release was solely caused by a third party;
• The defendant had no direct or indirect “contractual relationship” with the third party (“contractual relationship” prong);
• The defendant exercised due care with respect to the hazardous substances (“due care” prong); and,
• The defendant took precautions against the foreseeable acts or omissions of third parties (“precaution” prong).

A defendant does not necessarily have to performed due diligence to assert the third party defense if it can satisfy all the elements of the defense. However, the lack of due diligence could impact the ability of the defendant to satisfy the “due care” element of the defense.... [MORE]

EPA Publishes "Brownfield Roadmap"

Brownfields Road Map to Understanding Options for Site Investigation and Cleanup, Fifth Edition (EPA 542-R-12-001).  The new Brownfields Road Map publication and companion website provide a general outline of how to assess and clean up a brownfields site and introduce stakeholders to a range of technology options and available resources.  General concepts and basic considerations that affect the cleanup of brownfields sites are described with a new "Back to Basics" approach that covers setting reuse goals and planning, understanding regulations and liability concerns, engaging the community and identifying funding. Targeted for non-technical stakeholders and technical professionals, the Brownfields Road Map walks users through the big picture of managing a brownfields site from assessment to reuse and introduces technology options and considerations for each phase. The new Brownfields Road Map website connects users to the publication online and provides direct access to technical resources.

View or download at http://www.brownfieldstsc.org/
.

2012 EPA National Award for Smart Growth Achievement - Application Period Now Open

2012 EPA National Award for Smart Growth Achievement Application Period Now Open Deadline April 6, 2012

EPA is pleased to announce that the application period for the 11th annual National Award for Smart Growth Achievement is now open. This competition is open to public- and private-sector entities that have successfully used smart growth principles to improve communities environmentally, socially, and economically. Winners will be recognized at a ceremony in Washington, DC, in December 2012.

There is only one application form for all three categories listed below.

*             Programs and Policies

*             Equitable Development

*             Main Street or Corridor Revitalization

In addition, the review panel will choose an Overall Excellence winner from those that apply in these three categories.

*             Application deadline: April 6, 2012.

*             Public-sector winners will receive one complementary registration to

the New Partners for Smart Growth Conference in 2013.

*             EPA will film short videos of the winning projects, which will be

shown at the awards ceremony in 2012 and the New Partners for Smart Growth Conference in 2013 and posted on the EPA smart growth website.

*             All entries must be submitted using the application form.

*             The application can be submitted by either a public-sector or

private-sector entity, but all applications must include a public-sector partner.

The official award guidelines and entry form can be found here:

http://epa.gov/smartgrowth/awards.htm

<http://epa.gov/smartgrowth/awards.htm> . 

Financing Stormwater Retrofits in Philadelphia and Beyond

SOURCE: NRCS - Stormwater runoff is a principal cause of urban waterway pollution nationwide, fouling rivers, lakes, beaches, and drinking water supplies. To reduce the environmental and public health threats posed by polluted stormwater and to comply with the Clean Water Act, cities nationwide are making significant investments to reduce stormwater runoff. However, traditional solutions that rely solely on fixing or expanding existing sewer and stormwater infrastructure can be extremely expensive and fail to address the root cause of the problem: impervious spaces in the built environment that generate 10 trillion gallons of untreated runoff per year.

Executive Summary

This is why some cities have embraced green alternatives to help solve stormwater problems. Whereas traditional solutions involve expanding and adding to existing cement and pipe systems that convey rainwater away from where it falls, green infrastructure manages stormwater onsite through installation of permeable pavement, green roofs, parks, roadside plantings, rain barrels, and other mechanisms that mimic natural hydrologic functions, such as infiltration into soil and evapotranspiration into the air, or otherwise capture runoff onsite for productive use. These smarter water practices also yield many important co-benefits, such as beautifying neighborhoods, cooling and cleansing the air, reducing asthma and heat-related illnesses, lowering heating and cooling energy costs, and creating jobs. Green infrastructure techniques, while more cost-effective than traditional gray infrastructure, still require significant financial investment, if they are to be implemented at the scale necessary to protect urban waterways. Fortunately, the use of green infrastructure practices—in combination with stormwater fee and credit systems that reward investment in retrofits—creates tremendous opportunities for private investment to underwrite much of the cost.

More than 400 cities, towns, and utility districts nationwide utilize parcel-based stormwater billing practices that charge property owners stormwater fees based entirely or in part on the amount of impervious area on their property. Those which provide property owners the opportunity to obtain a credit, or discount, on their stormwater fees by installing stormwater management practices can motivate private property owners to manage much of their own stormwater onsite. This reduces stormwater runoff into municipal sewers and local waterways, reducing stormwater management costs for the city or utility district.

Philadelphia has taken the lead among cities nationwide by establishing a parcel-based stormwater billing structure that provides a very significant credit (up to nearly 100 percent) for non-residential owners who can demonstrate onsite management of the first inch of rainfall over their entire parcel. Philadelphia’s fee and credit structure and the incentive it creates for private property owners to install stormwater retrofits complements the city’s Green City, Clean Waters program, which recently received approval from state
regulators. That program requires the city, over the next 25 years, to retrofit nearly 10,000 impervious acres of public and private property to manage an inch of stormwater runoff onsite.

Successful 2011 Brownfield RLF Proposals

Revolving Loan Fund (RLF) grants provide funding for a grant recipient to capitalize a revolving loan fund and to provide subgrants to carry out cleanup activities at brownfield sites. Through these grants, EPA seeks to strengthen the marketplace and encourage stakeholders to leverage the resources needed to clean up and redevelop brownfields. When loans are repaid, the loan amount is returned into the fund and re-lent to other borrowers, providing an ongoing source of capital within a community.

Interested in Applying for Funding?
EPA Brownfields Revolving Loan Fund Grants (PDF) (2 pp, 296K)
EPA Brownfields RLF Grants
Publication Number: EPA-560-F-05-237
August 2009

2011 RLF Grant Awardees

Akron, OH

Bear Paw Development Corporation of Northern Montana, MT - PROPOSAL

Brea Redevelopment Agency, CA

Capital Regional Development Council, NH

Central Florida Regional Planning Council, FL

Goshen, IN - PROPOSAL

Kalispell, MT

Kennebec Valley Council of Governments, ME

Lansing Brownfield Redevelopment Authority, MI

Portland, OR

Tallahassee, FL

West Allis, WI

Windham Regional Commission, VT - PROPOSAL

Guidelines and Resources

• Most Recent Grant Proposal Guidelines
• RLF Grantee Success Stories
• Unlocking Brownfields Redevelopment: Establishing a Local Revolving Loan Fund Program
  
  
• FY 2011 Funds to Supplement Eligible Brownfields Revolving Loan Fund Grants
  EPA is announcing the availability of an estimated $8 million in FY 2011 funds to supplement eligible Brownfields Revolving Loan Fund (RLF) grants. Grants eligible to request supplemental funds are Brownfields RLF grants that have been previously awarded competitively under Section 104(k)(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or that have transitioned to Section 104(k)(3) of CERCLA, and subject to other identified criteria. Requests for funding must be postmarked by February 17, 2011. Specific information on eligible entities and criteria for submitting a request for supplemental RLF funding can be obtained by contacting the EPA Brownfields Coordinator for your region.
  • Federal Register Notice
    January 18, 2011
  • FY11 RLF Supplemental Funding Process Memo (PDF) (3 pp, 39K)
    January 18, 2011
  
  
• Unlocking Brownfields Redevelopment: Establishing a Local Revolving Loan Fund Program, Brownfields Solution Series (PDF) (6 pp, 263K)
  This Brownfields Solutions Series factsheet provides an overview to those interested in applying for an RLF grant, and information to new RLF grantees on how to establish an RLF program.
  Publication Number: EPA-560-F-08-280
  August 2008
• Discounted Loans Policy
  With the signing of the Brownfields Law, new RLF grants, awarded under 104(k) from FY2003 forward, were left with no provision for the use of discounted loans. This policy meets this need, giving RLF grantees additional options to achieve cleanup goals, in keeping with prudent lending practices.
  Federal Register Notice
  October 28, 2005

Successful 2011 Brownfield Community Wide Assessment Grants

Assessments

Assessment grants provide funding for a grant recipient to inventory, characterize, assess, and conduct planning and community involvement related to brownfields sites. An eligible entity may apply for up to $200,000 to assess a site contaminated by hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum) and up to $200,000 to address a site contaminated by petroleum. Applicants may seek a waiver of the $200,00 limit and request up to $350,000 for a site contaminated by hazardous substances, pollutants, or contaminants and up to $350,000 to assess a site contaminated by petroleum. Such waivers must be based on the anticipated level of hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum) at a single site. A coalition of three or more eligible applicants can submit one grant proposal under the name of one of the coalition members for up to $ 1,000,000. The performance period for these grants is three years.

Interested in Applying for Funding?
EPA Brownfields Assessment Grants (PDF) (2 pp, 264K, about PDF)
Publication Number: EPA-560-F-05-236
August 2009

2011 Assessment Grant Awardees

Albion Brownfield Redevelopment Authority, MI

Bear Paw Development Corporation of Northern Montana

Belfast, ME - PROPOSAL

Carlin, NV - PROPOSAL

Charleston County, SC

Cheyenne, WY

Chisholm, MN

City of Wilmington, NC

Danville, IL

Decatur, IL

Duluth, MN

Elizabeth, NJ - PROPOSAL

Elkhart County, IN

Ellensburg, WA

Energize-ECI Regional Planning District, IN

Fort Wayne, IN

Franklin Regional Council of Governments, MA - PROPOSAL

Fredericksburg, VA - PROPOSAL

Fresno Redevelopment Agency, CA - PROPOSAL

Goshen, IN - PROPOSAL

Great Northern Development Corporation, MT

Greater Portland Council of Governments, ME

Gulfport, MS - PROPOSAL

Inkster, MI

Janesville, WI

Knoxville, TN

Lexington-Fayette Urban County Government, KY

Los Angeles, CA

Louisville-Jefferson County Metro Government, KY

Manitowoc, WI - PROPOSAL

Marinette County, WI

Maurice River Township, NJ

Medina, OH

Mesa, AZ - PROPOSAL

Metropolitan Area Planning Agency, NE

Montcalm County, MI

Mt. Shasta, CA

New Albany Redevelopment Commission, IN

Newark, NJ

Niagara County, NY - PROPOSAL

North Side Industrial Development Company, Inc., PA

Northern Rocky Mountain Resource Conservation &Development Area, Inc., MT

Nye County, NV

Orange County, FL

Pasco County, FL

Portland, OR - PROPOSAL

Prichard, AL

Pulaski County, AR - PROPOSAL

Quitman, MS

Racine, WI

Ramsey County, MN

Region III-A Development and Regional Planning Commission, IN

Rhode Island Department of Environmental Management, RI

Rochester, NY - PROPOSAL

Sarasota/Manatee Metropolitan Planning Organization, FL

South Central Planning & Development Commission, LA - PROPOSAL

Stratford, CT

Treasure Coast Regional Planning Council, FL

Trenton, NJ

Upper Coastal Plain Council of Governments, NC - PROPOSAL

Vincennes, IN - PROPOSAL

Wabash, IN

Washington, Redevelopment Authority of the County of, PA - PROPOSAL

Wauchula, FL

West Florida Regional Planning Council, FL

Williamston, NC - PROPOSAL

Windham Regional Commission, VT

Guidelines and Resources

• Most Recent Grant Proposal Guidelines
• All Appropriate Inquiry
• Fact Sheet on Assessment Coalitions (PDF) (2 pp, 25K, about PDF)
• Assessment Coalitions Memorandum of Agreement (PDF) (2 pp, 10K, about PDF)
• Assessment Grantee Success Stories

Successful 2011 Brownfield Area-Wide Planning Grants

2011 Brownfields Area-Wide Planning Pilot Project Fact Sheets and Project Websites

• Atlanta, GA (PDF) (1 pg, 182K)
• http://www.AtlantaBrownfieldPrograms.com
• Aurora, CO (PDF) (1 pg, 182K)
• www.montviewcommunityplan.org 
• Cleveland, OH (PDF) (1 pg, 183K)
• Communities for a Better Environment, Huntington Park, CA (PDF) (1 pg, 227K)
• Confederated Tribes of the Colville Reservation, WA (PDF) (1 pg, 195K)
• Denver, CO (PDF) (1 pg, 181K)
• Desarrollo Integral del Sur, Inc. (for Municipalities of Peñuelas and Guayanilla, PR) (PDF) (1 pg, 206K)
• Spanish Page http://www.disur.org/es/node/271
• English Page http://www.disur.org/en/node/285
• Goshen, IN (PDF) (1 pg, 139K)
• http://www.development-concepts.com/goshen
• http://www.facebook.com/pages/9th-Street-Corridor-Planning-Project/147459311988761
• Ironbound Community Corporation, Newark, NJ (PDF) (1 pg, 196K)
• http://iccbrownfieldredevelopment.wordpress.com/ 
• Jacobs Center for Neighborhood Innovation, San Diego, CA (PDF) (1 pg, 197K)
• PROPOSAL
  
• Kalispell, MT (PDF) (1 pg, 200K)
• http://kalispell.com/community_economic_development/brownfield_program.php 
• Kansas City, MO (PDF) (1 pg, 191K)
• http://municipalfarmkc.com/
• Lowell, MA (PDF) (1 pg, 189K)
• Monaca, PA (PDF) (1 pg, 204K)
• http://www.ohioriverbrownfields.com/
• San Francisco Parks Alliance (formerly Neighborhood Parks Council), CA(PDF) (1 pg, 199K)
• http://bluegreenway.org/
• PROPOSAL
• New Bern, NC (PDF) (1 pg, 201K)
• www.newbernrenaissance.com
• PROPOSAL 
• Ogdensburg, NY (PDF) (1 pg, 212K)
• http://ogdensburg.wikispot.org
• Phoenix, AZ (PDF) (1 pg, 193K)
• http://phoenix.gov/greenphoenix/land/brownfields/delrio/index.html
• Pioneer Valley Planning Commission (for Chicopee, MA) (PDF) (1 pg, 200K)
• http://pvpc.org/brownfields/Chicopee_West_End.html
• http://www.chicopeema.gov/page.php?id=2099
• Ranson, WV (PDF) (1 pg, 198K)
• www.ransonrenewed.com
• Roanoke, VA (PDF) (1 pg, 197K)
• http://www.roanokeva.gov/85256A8D0062AF37/vwContentByKey/N28DWLVZ122BTFKEN
• Sanford, ME (PDF) (1 pg, 200K)
• Tulsa, OK (PDF) (1 pg, 201K)

REFERENCE
2010 Request for Proposals (RFP) and Frequently Asked Questions (FAQs)

• Request for Proposals — Brownfields Area-Wide Planning Pilot Program
• Frequently Asked Questions — (UPDATED 5-24-10) Request for Proposals (RFP) - Questions and Answers (PDF) (18 pp, 100K)

Successful 2011 Brownfield Cleanup Grant Proposals

2011 Brownfield Cleanup Grant Awardees

Addison, WV - PROPOSAL

Arlington, IA

Ashland, WI

Augusta, ME

Bartlett Place Land, Inc., Boston, MA

Blue Island, IL

Bristol, NH

Brownfield Redevelopment Corporation of Marshall, TX - PROPOSAL

Canton, ME

Chicago Housing Authority, IL

Colville Reservation, Confederated Tribes of the, MT

Community Environmental Company, LLC, SC

Community Improvement Association of Madison, AR - PROPOSAL

Concord, NH

Confederated Salish and Kootenai Tribes of the Flathead Nation, MT - PROPOSAL

Council Bluffs, IA - PROPOSAL

Covington, KY - PROPOSAL

Cullman, AL

Dalton Redevelopment Authority, MA

Daytona Beach, FL

Development Authority of the City of Vienna, GA - PROPOSAL

Duluth Economic Development Authority, MN - PROPOSAL

East Palo Alto Redevelopment Agency, CA

Gila River Indian Community, AZ

Huachuca City, AZ

Jacobs Center for Neighborhood Innovation, CA

Jefferson County Development Authority, WV - PROPOSAL

Jersey City Redevelopment Agency, NJ

Jersey City, NJ

Lakewood Housing Authority, CO - PROPOSAL

Lancaster Port Authority, OH

Lenawee County, MI - PROPOSAL

Los Angeles Community Redevelopment Agency, CA - PROPOSAL

Mantua Township, NJ

Marlborough, MA

Milwaukee Redevelopment Authority (RACM), WI

New Opportunities Economic Development Corporation, CT

Newark, NJ - PROPOSAL

Northville, MI

Plant City Community Redevelopment Agency, FL

Police Activity League of Waterbury, Inc., CT - PROPOSAL

Public Building Commission of Chicago, IL

Ranson, WV - PROPOSAL

Rochester, NY

Rome, NY

Romeoville, IL

Saint Paul, MN - PROPOSAL

Somerville, MA

Southern Carolina Regional Development Alliance, SC - PROPOSAL

Spencer County, IN

Springfield, MA

Springfield, MO - PROPOSAL

Symphony Park Master Association, NV - PROPOSAL

Trenton, NJ - PROPOSAL

Valley, AL

West Allis Community Development Authority, WI

Work, Inc., Quincy, MA - PROPOSAL

Guidelines and Resources

• Most Recent Grant Proposal Guidelines
• All Appropriate Inquiry
• Cleanup Success Stories