Georgia s Brownfields Program

1. Georgia�s Brownfields Program

2. Brownfields Real property, the expansion, development or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant Brownfields also include certain sites contaminated by petroleum, sites that are �mine-scarred,� and sites contaminated with a controlled substance

3. Highlights of Brownfields Eligibility Prospective purchasers with: No contribution to the release No substantial business relationship with responsible party Applies to sites that: Are not federal facilities Are not on the federal Superfund list Do not have hazardous waste facility permits

4. Georgia Brownfields Legislation Georgia Hazardous Site Reuse and Redevelopment Act Amended 2002 Tax Incentive Bill (House Bill 531) Enacted 2003

5. Goals of Brownfields Legislation To clean up contaminated sites To allow property transfers without transfer of liability for groundwater cleanup To return idle property to productive use To reduce urban sprawl To reduce urban blight

6. Prospective Brownfields Purchasers can: Obtain limitation of liability for: groundwater cleanup costs third party claims Receive tax incentives to offset soil and source material cleanup costs Be assured of State-sanctioned cleanup in line with EPA�s policies and revitalization goals

7. Two Types of Georgia Brownfields Sites Sites listed on the Hazardous Site Inventory (HSI Brownfields) Sites not listed on the HSI (non-HSI Brownfields)

8. All Georgia Brownfields Cleanups Provide for protection of human health and the environment Can result in limitations of liability if criteria are met Can result in tax incentives if criteria are met

9. HSI Brownfields Cleanups Will be handled by the Hazardous Site Response Program (HSRP) Will follow the established HSRP process for achieving risk reduction standards

10. Non �HSI Brownfields Cleanups Will be handled by the Brownfields Program Are voluntary cleanups Will be less proscriptive than HSI cleanups

11. Non-HSI Brownfields

12. Non-HSI Brownfields Cleanups Address contaminated soil Address source material Establish baseline for groundwater limitation of liability Apply risk reduction standards to soil and source material

13. Georgia�s Approach to Brownfields Redevelopment Recognizes that real estate factors, rather than contamination factors, drive redevelopment

14. Georgia�s Approach to Brownfields Redevelopment Recognizes that timeliness is critical Relies on being available to prospective purchasers Encourages working face-to-face in lieu of paper exchanges for most purposes Is based on achieving results that accommodate needs of all stakeholders

15. Benefits of Brownfields Approach Real-time decision-making Reduced transaction costs Common understanding of next steps

16. Example: Site Assessment Prospective purchaser conducts site assessment Liability limitation is linked to thorough site assessment Self-interest results in quick and thorough site assessment Brownfields Program available to provide any level of input requested

17. Two Types of Applications for Brownfields Program Initial Compliance Status Report Application Review Fee $3000 Prospective Purchaser Corrective Action Plan Application Review Fee $3000

18. Initial Compliance Status Report Appropriate in cases where site conditions are well understood Future land use is well established Certification of the appropriate risk reduction standard can be made without further cleanup Establishes groundwater contamination baseline

19. Prospective Purchaser Corrective Action Plan Appropriate at sites where source material and/or soil require cleanup in order to achieve the risk reduction standard for planned land use Specifies actions needed to achieve risk reduction standards Provides for confirmatory sampling Establishes groundwater contamination baseline Requires financial assurance

20. Limitation of Liability Conferred upon EPD�s concurrence with certification of risk reduction standard Fully transferrable May have additional requirements which will be determined on a case-by-case basis eg. financial assurance, institutional controls, engineering controls, etc.

21. Advantages of Georgia Brownfields Program Offers tax incentives to offset cleanup costs Provides limitation of liability For groundwater cleanup For third party claims Provides State-sanctioned cleanup in line with EPA�s policies and revitalization goals

22. Georgia Brownfields Contacts Non-HSI Brownfields sites: Madeleine Kellam 404/656-7802 madeleine_kellam@mail.dnr.state.ga.us HSI Brownfields sites: Tim Cash 404/657-8600 tim_cash@mail.dnr.state.ga.us