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UNITED CONSULTING Presentation to

UNITED CONSULTING Presentation to. www.unitedconsulting.com. Georgia Brownfields Why and How. John Clerici, P.E. Chief Environmental Consultant. Superfund Re-authorization. Identification due diligence AAI Protection for adjacent property releases Protection for on-site releases

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UNITED CONSULTING Presentation to

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  1. UNITED CONSULTING Presentation to www.unitedconsulting.com

  2. Georgia BrownfieldsWhy and How John Clerici, P.E. Chief Environmental Consultant

  3. Superfund Re-authorization • Identification due diligence • AAI • Protection for adjacent property releases • Protection for on-site releases • Brownfield This action is now referred to as The Brownfield Act

  4. Georgia Regulations • Georgia Hazardous Site Response Act (HSRA) • Georgia Hazardous Site Reuse and Redevelopment Act (HSRRA) • Amendments • HB 531 • SB 277

  5. Known Applicable Brownfield Sites • Identified Contaminated Property in Georgia • Hazardous Site Inventory sites (800 ) • Non-HSI sites (1600) • Mine sites (200) • Petroleum sites (8,000) • Senate Bill 277

  6. What’s the Problem? FEAR ! Superfund Liability • Cost of investigation • Cost of clean-up • Liability civil and regulatory • Regulatory changes • Resale

  7. Good News! 2005 SB 277 Petroleum Sites 1994 USEPA ID’s 600,000 + 2002 Federal Brownfields Law 2002 GA Brownfields Law 2003 GA HB531 TaxRelief

  8. A & D Drum

  9. Westinghouse

  10. Wireburn

  11. Westinghouse GA Tech A&D Wireburn

  12. Protections Groundwater clean up is exempt No third party liability Exempt from regulatory changes Protections are passed down to future owners

  13. Benefits Purchase price is probably depressed Property value / taxes are frozen May be eligible for funding

  14. BrownfieldsProgram Management • Applications go thru either • GA Brownfields Program • Hazardous Site Response Program (HSRP) • Meet HSRP requirements* • Fees used to fund fast track review * For Petroleum releases, too

  15. The Process Purchase Property Public Notice Application File Tax Relief Agreement Certification Clean-Up TIMELINE

  16. Application • $3,000 fee • PPCAP or CSR (clean-up plans) • Property Qualification • Purchaser Qualification • Financial Assurance (thru HSRP)

  17. Elements of Application:Fees • Minimum $3,000 • Money well spent • Speeds up process • Gets special HSRP review

  18. Elements of Application:Clean-Up Plans OR Compliance Status Report (CSR) • List of hazardous substances • Extent of soil & groundwater impacts • Certify compliance with Risk Reduction Standards (RRS) Proposed Purchaser Corrective Action Plan (PPCAP) • Preliminary CSR • No compliance with RRS • Corrective Action Plan

  19. Elements of Application:Property Qualification Site has pre-existing release of hazardous substances or petroleum products Not a waste facility (landfill) Not on NPL Not under federal corrective action program No unsatisfied liens

  20. Elements of Application:Purchaser Qualification Purchaser did not contribute to release Not related to owner or other persons who contributed to release Not shareholder or officer in company associated with owner or property Not shareholder or officer in company that contributed to release Not in violation of any environmental rule or regulation

  21. Elements of Application:Financial Assurance Not Required for non-HSRP voluntary clean ups Financial guarantee bond Performance bond Letter of credit Financial statements Trust fund Insurance

  22. Public Notification  Not Required for non-HSRP voluntary clean ups Public notification is triggered when application is submitted Posted in local newspaper Gives public opportunity to respond

  23. EPD Agreement Property acquisition must await EPD agreement  May require additional investigation May require corrective action Contingent upon compliance with RRS

  24. Purchase Property Get EPD agreement first Expect seller to want changes in contract

  25. Clean-Up Property must be remediated according to plan described in corrective action plan Be sure to document clean-up and costs carefully

  26. Tax Relief Go to EPD with clean-up costs Get EPD agreement Take EPD agreement forms to County Property value is frozen for 10 years Property taxes are effectively frozen

  27. Common Timing/Cost Ranges

  28. CASE STUDY Aladdin Cleaners 18th Site approved in Georgia

  29. Background

  30. Background

  31. Groundwater contamination Soil contamination Dry Cleaners Property Line

  32. Dry Cleaners

  33. Investigation

  34. Investigation

  35. Application Application Includes: • $3,000 fee • PPCAP • List of contaminants • Source of release • Extent of contamination • Corrective Action Plan • Qualifications • Financial assurance Public Notice: • Marietta Daily Journal • Atlanta Journal Constitution

  36. Agreement Required action:  • Monitoring Groundwater (to define conditions for indemnification) • Additional sampling • Soil removal and off-site disposal • Bench tests (if decide to use on-site treatment) and disposal • Meet RRS • CSR

  37. Lint Dumping Septic Tank Dry Cleaners

  38. TimelineAladdin Cleaners HIS Faculty

  39. Brownfields Program in Georgia This is real ! Benefits are substantial Protection last forever Opportunities abound

  40. Questions

  41. HOW CAN WE HELP? JOHN CLERICI, P.E. 770-582-2819 SCOTT SMELTER, P.E. 770-582-2839

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