Transcript Brownfields Application Process

MISSISSIPPI
BROWNFIELDS
PROGRAM
Presented by:
Jere “Trey” Hess, P.E.
Brownfields Program Coordinator
Background
• Mississippi Brownfields Voluntary
Cleanup and Redevelopment Act
– Effective July 1, 1998
– Required MDEQ to develop regulations and
implement a RISK-BASED remediation
program.
– Regulations Adopted May 27, 1999 and
EFFECTIVE June 28, 1999.
What is a Brownfield?
• Any property where use is limited by actual
or potential contamination, or the
perception of environmental contamination,
and is or may be subject to remediation.
What are the benefits?
• Cleanup contaminated properties
• Put unused existing properties into
productive use, thereby:
– creating increased tax revenue;
– creating new jobs;
– decreasing development of “clean” property.
• LIABILITY PROTECTION
What is Liability Protection ?
• A Brownfield Party who executes a Brownfield
Agreement shall be relieved of liability to all
persons other than the United States for:
– remediation of the Brownfield Agreement Site other
than the remediation required by the Brownfield
Agreement; and
– all costs reasonably related to the remediation other
than the remediation costs required by the Brownfield
Agreement or the regulations.
Now in Layman’s Terms
• Once you have carried out the provisions of the
Brownfield Agreement at your Site, neither
MDEQ nor any other person (except the United
States) can require you to expend additional
remediation costs at your site unless the
Brownfield Agreement is reopened or liability
protection is removed.
Who’s eligible for
Liability Protection ?
• The Brownfield Applicant;
• Any person under the direction or control of the Brownfield
Party who directs or contracts for remediation or
redevelopment of the Site;
• Any current or future owner of the Site;
• Any person who develops, redevelops or lawfully occupies
the Site ;
• Any successor or assign of any person to whom liability
protection applies;
• Any lender or fiduciary that provides financing for
remediation or redevelopment of the Site.
State Brownfield Resources
• MDEQ Resources
– EPA’s Targeted Brownfields Assessment (TBA)
Program
– Landfill Corrective Action Trust Fund
– Mississippi Brownfields Program Facilitator
Assistance
• MDA Resources
– Community Development Block Grant
Program
State Brownfield Resources
• Landfill Corrective Action Trust Fund
– Funds are available to eligible owners/operators
of landfills (including closed landfills) to take
preventive or corrective actions.
– Contact Person:
• Mark Williams, MDEQ (601) 961-5171
State Brownfield Resources
• Mississippi Brownfields Program
– We can provide technical and administrative
assistance to cities, counties, industry,
developers, and others that join the Program.
– The services that we can provide include:
• Technical understanding of Engineering/Geological aspects of
redevelopment projects;
• Assistance with securing grants, loans, etc. from EPA, MDA,
HUD, etc.;
• Assistance with procedural requirements of Program; and
• Facilitating meetings with stakeholders.
State Brownfield Resources
• Mississippi Development Authority (MDA)
– For eligible projects through the CDBG
Program, MDA may provide some funding for
remediation;
– The MS Brownfields Program staff will work
with you and MDA in an attempt to link
remediation with redevelopment.
• (e.g.-CDBG may be used for installing sewer line or grading.
Grading/excavating may be a major part of remediation)
– (601) 359-3552
Federal Brownfields Initiative
• EPA Brownfields Initiative
– National Brownfields Assessment
Demonstration PILOT Program;
– Targeted Brownfields Assessment Program;
– Brownfields Cleanup and Revolving Loan Fund
Pilot Program
• HUD Brownfields Initiative
EPA Brownfields Initiative
• National Brownfields Assessment
Demonstration PILOT Program
– EPA Grant ($250,000) to assess brownfields
and test brownfields assessment models and
facilitate coordinated public and private efforts
at the Federal, State, tribal and local levels.
• City of Jackson – Farish Street Historic District
• City of Columbia
• Oktibbeha County Economic Development
Authority
EPA Brownfields Initiative
• Targeted Brownfields Assessment Program
– MDEQ has been awarded funding from EPA to
assist cities, counties, developers, and others.
– For eligible sites, MDEQ can:
•
•
•
•
Have a “Phase I” Assessment performed;
Have additional assessments performed;
Cover Brownfield Program costs; and
Assist in redevelopment planning.
– NOTE: TBA Funding by itself will NOT
typically cover ALL Assessment costs.
EPA Brownfields Initiative
• Brownfields Cleanup and Revolving Loan
Fund Pilot Program
– Low interest loans from EPA for
REMEDIATION.
HUD Brownfields Initiative
• HUD Brownfields Initiative
– CDBG Program
– Section 108 Loan Guarantee
– http://www.hud.gov/progdesc/brownf.cfm
More Information
• Internet Address:
– http://www.brownfields.ms
• MDEQ Contacts:
– Trey Hess - Brownfields Program Coordinator
• (601) 961-5654
• email: [email protected]
– Jerry Banks - Hazardous Waste Division Chief
• (601) 961-5221
• email: [email protected]