ASK THE EXPERTS

Jun 15th, 2010

Funding for Municipal Landfills

Are municipal landfills eligible for State or Federal Brownfields funding?   – Mike S.,  Director of Parks & Recreation


Landfills would have to comply with the ownership eligibility rules of the EPA to qualify for funding. Landfills that were owned and operated by the local government that is seeking funding are generally ineligible for EPA funding.

There are circumstances when a municipally-owned landfill would be eligible. In this example, all the following conditions would have to apply: the municipality did not cause the contamination; the municipality involuntarily acquired the site; the municipality stopped any releases and continued reasonable steps to maintain containment measures; and the municipality would also have needed to perform appropriate due diligence consistent with the contemporary law prior to obtaining the site.

In addition, there are certain states which have used non-Federal funds to create programs to assist in the assessment and remediation of municipal landfills. Please refer to the state environmental agency.

Posted June 15th, 2010 at 10:53 am
Posted by Ignacio Dayrit
May 26th, 2010

Engaging Private Developers

As a city, how do I engage private developers in brownfields redevelopment in this economy? – Monica P., city redevelopment planner

First, the city will need to determine the type of development desired – commercial, retail, housing, industrial, residential or mixed-use. Within each category, there are also those who specialize by location and market type. The city can market their interest through various forums, such as their website, business associations and newspapers.

Second, the city should identify the locations where they would want development and collect information that is useful to a developer. Apart from baseline environmental information, the city can collect information on demographics, infrastructure, market analysis and financing assistance.

Third, the city can offer assistance on various levels to facilitate the analysis and development of a brownfields project. In addition to common tools used by cities, such as convening meetings with property owners and neighbors, assistance in obtaining grants and financing, assistance with project entitlement, the city can build partnerships with regulatory agencies, conduct exploratory brownfields assessments, or conduct more detailed assessments on sites that have been identified for redevelopment. The next step would be for the city to acquire strategic sites for redevelopment.

There is a range of activities that a city can take to demonstrate their commitment to brownfields redevelopment. Showing this commitment is another key step in attracting developers.

Posted May 26th, 2010 at 11:11 am
Posted by Ignacio Dayrit
Apr 21st, 2010

Capping contamination

I am working on a project involving the remediation of brownfields and vacant industrial parks.  I was wondering about the details of capping contaminated soil mounds.  Does there need to be a concrete or clay base layer under the mound of contaminated soil to prevent any seeping of the toxins?  Or, can the soil mound just be capped?  If the mound consists of only contaminated soils (relocated from other areas of the site), does the mound have to include a gas collection well?  
- Michael, Architecture student

It all depends.  Capping of contaminated material is dealt with on a case-by-case basis.  It is also determined by the type of contamination, type of use and potential receptors (i.e., people, groundwater, etc.).  Ultimately, a regulatory agency would need to approve any capping system.

In this case, it sounds like you are digging up contaminated soil from around the site and forming a mound in one area (note: This in itself needs regulatory approval). There is usually some protective layer to separate the clean soil from the contaminated soil above it.  Depending on the contamination, you may be required to use any combination of clay, concrete/asphalt, vapor or moisture barriers, drainage, geotextile, and vapor extraction, etc., along with some grading to draw water away from the mound. Generally, if the contaminants are metals, less protection is necessary. More protection is necessary for contaminants that volatilize.  Before implementing any remediation plans or designing a capping system, you should contact your local regulatory agency for assistance.

Posted April 21st, 2010 at 10:16 am
Posted by Ignacio Dayrit
Posted in Remediation |
Mar 3rd, 2010

Where are the Brownfields? – Part II

If a city does not have a brownfields inventory, how can I find a brownfield site for redevelopment?  – Carl H., partner


Few cities publish an inventory of brownfields sites due to liability reasons.  Local environmental or health departments are not tuned into brownfields redevelopment as they deal with enforcement or cleanup activity, rather than redevelopment activity. Contacting the economic, redevelopment or housing staff of cities is a better alternative. When you contact a city, don’t ask for a “brownfield” site.  Just ask if they have a list of sites identified for redevelopment.  If the site has not already been assessed or redeveloped, it may be because it is a brownfield.

You can also conduct research by reviewing online documents at each cities’ redevelopment agency or housing department.  Some cities will list preferred areas or target sites – these are not necessarily brownfields however.

Many cities have also received grants from the EPA to identify sites for assessment and redevelopment – this EPA website – http://cfpub.epa.gov/bf_factsheets/ – lists all the cities and counties that have received EPA assessment, cleanup and revolving loan fund grants.

Posted March 3rd, 2010 at 16:04 pm
Posted by Ignacio Dayrit
Feb 1st, 2010

Brownfield Appraisal

How does one appraise a brownfield property?  – Scott S., affordable housing developer


Placing a value on a brownfield site is a complicated matter.  Often, the valuation method is influenced by the purpose and timing of the appraisal, and the location of the site.  Appraisers may provide an “impaired” or “unimpaired” valuation.  For example, a site can be valued “as-clean” with qualifiers on factors which may reduce the valuation.  Ideally, a Phase I Environmental Site Assessment is conducted simultaneous to an appraisal so that any factors which impair the value can be disclosed.  In addition, if it is possible to conduct Phase II sampling, an environmental engineer and the regulatory agency may be able to provide estimates regarding probable clean up costs.

Posted February 1st, 2010 at 10:31 am
Posted by Ignacio Dayrit
Dec 11th, 2009

EPA Funds for Assessment and Cleanup

Can a redevelopment agency knowingly purchase a contaminated site, and still receive EPA funds for assessment and/or clean-up?   – Amy C.,  city project coordinator


In determining eligibility for EPA grant funding, both site eligibility and grantee eligibility should be considered.  When a redevelopment agency acquires a property, it is important that it maintains eligibility as a grantee.  For the purpose of this response, we are assuming that the site is eligible for funding (i.e., it is not a Superfund site, or it is an eligible petroleum site, etc.).


First, the Agency should conduct an All Appropriate Inquiry Phase I, and be certain that it is current at the time title to the site is obtained.


Second, as long as the agency does not assume any cleanup responsibilities from a responsible party through the purchase contract, part or all of the assessment or cleanup work may be eligible for an EPA grant.


EPA treats these situations on a case-by-case basis, and there are nuances and circumstances which can alter the general response given above.  Without knowing the details of your situation, we cannot give a definite response.  The following publication from the EPA – http://www.epa.gov/brownfields/proposal_guides/FY10_FAQs_v1.pdf – may provide you with more information. This response also does not consider redevelopment agencies’ powers under the Polanco Redevelopment Act, which, if the agency takes the proper steps, will not disqualify the site from EPA grant funds.  Please consult your redevelopment counsel on this matter.

Posted December 11th, 2009 at 14:29 pm
Posted by Ignacio Dayrit
Nov 20th, 2009

LEED Certification and Infill Redevelopment

How does the LEED certification rating system currently consider brownfield and infill redevelopment in its scoring criteria? – Donna D., project manager

The US Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) certification system awards points for brownfield and infill development projects. The total number of points earned for these features depends on the site and the project.

Many brownfield and infill projects are LEED certified through the New Construction designation. Under this designation’s rating system, brownfield and infill projects are likely to score well in the “Sustainable Sites” category, which is worth 26 points (out of 100 base points). Of these 26 points, the following 13 are readily available for an infill site: one point for a project that remediates a brownfield site; five points  for development density or community connectivity; six points for close proximity to a public transit station; and one point for projects that are not located on protected farmland, marshland or habitat of a threatened species. Under New Construction, projects can also earn points for building and materials reuse. An infill or brownfield project can earn additional points in this and other categories if it demonstrates other LEED-valued features.

The USGBC has also launched the pilot Neighborhood Development program, which certifies only projects that develop new neighborhoods or add to existing neighborhoods. Infill projects pursuing LEED certification will benefit from this new program, which awards points for features that are intrinsic to many brownfield and infill projects. To start, under this rating system remediating a brownfield is worth two points and redeveloping a high priority brownfield is an additional point. Infill projects on a previously developed site earn six points and up to four additional points for street grid density within a mile radius. They can earn up to seven points for compact development and eight for reducing automobile dependence. Points are also earned for proximity to housing, jobs, and schools; access to public transit, public and active spaces and the surrounding vicinity. Other possible points include diversity of uses, walkable streets, and biking and street networks. This rating system gives infill and brownfield redevelopments a significant leg up in the LEED certification process, because most infill and brownfield redevelopment occurs in compact urban settings and utilizes existing infrastructure and amenities.

The USGBC recently approved the pilot program and may roll out an official version soon.

More information on the Neighborhood Development certification program can be found here http://www.usgbc.org/DisplayPage.aspx?CMSPageID=148

More information on LEED New Construction Program can be found here http://www.usgbc.org/DisplayPage.aspx?CMSPageID=220

Posted November 20th, 2009 at 14:37 pm
Posted by Ignacio Dayrit
Sep 4th, 2009

Where are the Brownfields?


Where can I find a list of available brownfield sites for redevelopment?  – Joe S., developer
Great question, Joe – one that’s actually much more complicated and nuanced than it appears. The greatest challenge in answering this question lies in the fact that there exists no standard criteria for determining whether or not a given property is a “brownfield.” This is because it is not simply the contamination itself that makes a property a brownfield, but rather the effect this contamination has on the ability of a property to realize its highest and best use. Furthermore, many owners of potentially contaminated properties would rather stay off of any “brownfield list” for fear of the stigma, decreased property value, and potential liabilities that may result from the discovery of any contamination. For a more complete discussion of the challenges of brownfields inventorying – including how one city has successfully met these challenges in their community revitalization efforts – check out our white paper titled “How Many Brownfields Does California Have?”

Posted September 4th, 2009 at 09:20 am
Posted by admin
Sep 1st, 2009

Welcome to Ask the Experts!

Land recycling and brownfield redevelopment are smart approaches to sustainable growth.  Renewing abandoned or underutilized properties takes advantage of valuable land and  infrastructure, preserves our green spaces, and mitigates potential health and environmental hazards through cleanup.  It benefits our communities by providing economic renewal, neighborhood revitalization, and job creation. You can learn more about the benefits of land recycling in the Brownfields 101 section of our website.

However, questions and challenges can sometimes arise from the complexities of brownfield redevelopment. Our state-specific Resource Center introduces the funding opportunities and regulatory processes of fourteen states, and also provides important contacts and additional resources for each.

Still can’t find an answer to your brownfield or land recycling question? As part of CCLR’s new online resource center I am introducing this Ask the Experts blog to answer those questions.  I look forward to hearing from you!

- Evan

Posted September 1st, 2009 at 09:00 am
Posted by admin
Posted in Uncategorized |