The Kentucky Brownfield Redevelopment Programwvbrownfields.org/wp-content/uploads/2015/09/Strategies-from-Other... · The Kentucky Brownfield Redevelopment Program ... Four Prong

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Brownfield Redevelopment ProgramLiving Greener

The Kentucky Brownfield Redevelopment Program

Your neighbor to the southwest.

Organization• Department for Environmental Protection

– Division of Compliance Assistance• Conduct educational outreach• Serve as ombudsman, help desk and concierge• Manage the Cleaner Commonwealth Fund• Non-regulatory, similar to WV BF Assistance Centers, but

as government agency less able to apply for foundation funds

– Division of Waste Management – Superfund Branch• Address technical issues (e.g. review of assessment and

cleanup documents)• Conduct environmental assessments

There are an estimated 8,000 brownfields in

Kentucky.

Lots of Brownfields, Limited Funds, So We Emphasize Service

New Brownfield Law

New Brownfield Law

• Biggest advance in recent years – a new state law in 2012.

• Enacted, regs put in place, and gotten up an running about 2 years ago – around 100 properties have gone through the process.

• But first, some background …

Bona Fide Prospective PurchaserThreshold Criteria: • All appropriate inquiry (Phase I) prior to acquisition• No affiliation with a liable party Continuing Obligations:• Compliance with land use restrictions and institutional

controls • Cooperation, assistance and access for cleanup purposes• Compliance with information requests and administrative

subpoenas • Providing legally required notices • Taking reasonable steps with respect to hazardous substances

on property

Limitations of BFPP• Uncertainty

– “Affirmative defense”• Invoked when legal action brought against owner• No written assurance provided by government• Hope and trust that you can make a good argument to

the hearing officer

– “Reasonable steps” for managing any hazardous material left on site are not clearly defined – How can you be sure that your steps will be judged adequate in case of legal action?

KRS 224.1-415 and Associated Regulations

• Clarify that qualified purchaser is not required to conduct site investigation beyond the Phase I and is not required to conduct remediation under Kentucky Superfund laws. (Though they may chose to do both.)

• Remove BFPP uncertainties

Removal of BFPP Uncertainties• Document rather than Affirmative Defense• Program provides written documentation

from state– “Notification of Concurrence” for property owner– “Notice of Eligibility,” if meets all of the

requirements except ownership• Very helpful when seeking commercial loan• “Notice of Concurrence” issued when property

acquired

Removal of BFPP Uncertainties• Clarifying “Reasonable Steps”

– Process includes submittal and concurrence on a Property Management Plan

– Ensures that planned future use is protective of human health and environment

– Certified by Profession Engineer or Professional Geologist

– Provisions for submitting modification if use of property changes in the future

Some Services We Offer

We Offer Free Environmental Assessments for Local Governments and Nonprofits

Grant Writing Assistance

Four Prong Approach to Grants

• Publicize grants• Provide grant-writing training• Offer one-on-one assistance• Host grant-writing party (Applicants gather to

conduct peer review of drafts)

We Facilitate Visioning Sessions

Cleaner Commonwealth Fund

Cleaner Commonwealth Fund

• In 2012, Kentucky received a Brownfield Revolving Loan Fund Grant.

• It is being used to provide subgrants to assist with remediation. Loans will be offered soon.

Area Development District Are Valued Partners

Regional Planning and DevelopmentCouncils are the equivalent in WV.

Area Development District Assessments

• Some ADDs have received EPA Brownfield Assessment Grants and made good use of them to position projects to apply for cleanup grants.

• ADDs are capable of managing federal grants –very helpful in rural parts of the commonwealth.

“Meet the Funders” Workshops

“Meet the Funders” Workshops

• Series of three workshops in SE Kentucky• Organized by the Center for Creative Land

Recycling (an EPA Technical Assistance to Brownfields provider)

• Presentations by variety of state and federal agencies

• Not just for attendees, presenters also benefited by getting to know each other and their programs.

In the Planning Stage

• “Brownfields for Bankers” – January or February 2016

Other Things Happening in Kentucky

SOAR• Has started a robust discussion of diversifying the

economy of Eastern Kentucky.• Key factor to success – Founded jointly by a powerful

Democrat and a powerful Republican.• The two main gubernatorial candidates have pledged

to continue the program.

#IG2BYITM

Who are the next-generation leaders in your community?

A Challenge for Central Appalachian Brownfield

Stakeholders

Communicating Across the Barriers

Communicating Across the Barriers

The communities of Central Appalachia face common

challenges and opportunities.

How can we do a better job of sharing ideas and experiences across state and EPA Regional

boundaries?

Give me your contact info, if:

• You have ideas,• You or your organization could provide

assistance, or• You just want to be notified if anything

develops.

Kentucky Brownfield Redevelopment Program Herb Petitjean Brownfield Coordinator 1-800-926-8111 [email protected]://dca.ky.gov/brownfields