Summer Institute 2009

Brownfields and Urban Redevelopment

A former brownfield site in Lawrence, Massachusetts is rehabilitated into a community recreation park.

What is a Brownfield?

Brownfields are:– abandoned, idled or under used properties – where expansion or redevelopment is complicated – by real or perceived environmental contamination

Toxics Regulation - Comprehensive Environmental Response, Compensation,

and Liability Act (CERCLA)

• Enacted by Congress on December 11, 1980 in response to incidents like Love Canal (Niagara Falls - 21,000 tons of toxic waste buried, with a school on top!)

• Created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases of hazardous substances that may endanger the public

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

• Over five years, $1.6 billion [$8.5 billion after 1986 amendments] was collected - money went into a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites (“Superfund”) - supposed to ensure that money is available for cleaning up sites created by “midnight dumping”

• Theory behind CERCLA was “polluter pays” - imposed retroactive liability on a broad group of actors whom it deemed to be the responsible parties, and created a system intended to secure prompt environmental cleanups of releases of hazardous wastes into the environment

Federal Response to the Brownfields Dilemma

• January 1995 - EPA announces the Brownfields Action Agenda - revitalizing contaminated property must go hand in hand with bringing life and economic vitality back to a community. Brownfields Pilots - The pilots, each funded at up to $200,000 over two years, will test redevelopment models, direct special efforts toward removing regulatory barriers without sacrificing protectiveness, and facilitate coordinated public and private efforts.

• EPA works with States and localities to develop and issue guidances that clarify the liability of prospective purchasers, lenders, property owners, and others regarding their association with and activities at a site - clearly state EPA's decision to use its enforcement discretion in specific situations not to pursue such parties.

• EPA will build partnerships with local communities to develop strategies to for promoting public involvement and participation in Brownfields decision making

Why Redevelop Troubled Properties?

• Revitalizes communities by encouraging redevelopment and infill development in downtowns and village centers

• Removes eyesores and promotes economic, housing or open space goals

• Protects public health and enhances environmental resources

Former Robin Hood Ammunitions Plant, Swanton, VT

Whiter Brownfields? The Legacy of CERCLA

• Definition: Abandoned, idled or under-used industrial or commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination

• Usually found in urban areas - can also be vacant lots where illegal dumping has occurred

Woburn, Massachusetts Cleanup of a toxic siteWells G&H Site in the Aberjona River Watershed

A toxic waste dump and brownfield was transformed into a transportation center and wetland with coordinated Federal and State action

An Example from Lewiston, Maine

• Textile mill, shut down in 1993, redeveloped in stages as small business incubator

• EDA funding supported site cleanup and infrastructure upgrading activities, part of $41 million financing package

• Result – 19 tenants occupying 284,000 sq. ft, with 1,000 employees

• Mill generated $160,000 in taxes in 1993; today, $543,000 per year – even with tax incentives in place

Brian J. Honan Apartments – Boston, Mass.• Allston-Brighton CDC saw an opportunity to develop former Legal Seafoods fish processing plant into affordable housing. • Environmental assessment funding, low-income housing tax credits key parts of financing incentive package needed to attract capital.• Result – affordable units in a sustainable development: green energy, pedestrian access to groceries, shops, transit.