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Planning, Production & Real Estate Acquisition. Acquiring Contaminated Properties. In past, ODOT has acquired contaminated properties when the amount to be acquired increased Laws for government acquisition New process developed to address acquisition of contaminated sites
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Acquiring Contaminated Properties • In past, ODOT has acquired contaminated properties when the amount to be acquired increased • Laws for government acquisition • New process developed to address acquisition of contaminated sites • Located in Environmental Site Assessment Manual, Appendix B and Real Estate Acquisition Manual, Section 5320
Types of Sites • Acquisition of entire contaminated site • Gas stations • Dry cleaners • Highly regulated site regardless of ROW • Superfund • DERR • VAP • Landfills (know or unknown to regulators)
Procedure • DEC notifies District Real Estate Administrator of contaminated properties that would require additional ESA if ROW changes by IOC • After Phase II ESA • During NEPA or after NEPA completed • DEC arranges meeting to discuss course of action for site
Meeting personnel • District Environmental Coordinator • District Real Estate Administrator • ESA Supervisor, Environmental Services • Appraisal Unit, Central Office Real Estate • Chief Legal • Attorney General’s Office • Other appropriate ODOT personnel
Meeting Issues • Type & Extent of contamination • BUSTR/OEPA information • ESA reports and results • Would contamination be found without ODOT project? • Would property require remediation without ODOT project? • How would private sector remediate site
Meeting Issues, cont. • What is the cost to the site? • Would bank loan money to someone to purchase the site? • What property right should be purchase? • How should the property be appraised?
Decisions • Site Specific course of action • How to resolve legal issues • How to acquire the site • How the site will be appraised • Remedial Options Report
Remedial Options Report • Is based on what private sector would do with the site • Letter report • Provides short history • Lists previous ESA investigations, both ODOT and non-ODOT • Justification for items considered for estimate • Estimated remedial cost for private sector remediation