|
DEP's New Brownfield
Policy Moves McGreevey's Smart Growth Plans Forward
Adds Incentives to
Redevelopment Efforts, Areawide Pilot Projects Planned in
Three Cities
(02/127) TRENTON -- New Jersey Department
of Environmental Protection (DEP) Commissioner Bradley Campbell
today announced a new brownfield policy to bolster redevelopment
of contaminated sites in New Jersey, accelerating the process
and making it more efficient and predictable. DEP also announced
the creation of a new Office of Brownfield Reuse that will
implement and serve as the focal point for the department's
new brownfield programs.
"A strong brownfield reuse program
is a vital component of Governor McGreevey's smart growth
efforts to stem the tide of sprawl, channel new development
to cities and towns and create a broader range of choices
and more livable communities for businesses and families
in New Jersey," said Campbell. "New Jersey is
plagued with thousands of sites that are or may be contaminated
and serve as a drain on the economy and quality of life
in our urban centers. Our new brownfield programs will help
better coordinate and accelerate the work of state, municipal,
business and community partners who want to clean up and
return of these properties to productive use."
DEP's new brownfield policy is focused
on reducing uncertainties and inefficiencies in existing
site remediation regulations, broadening the scope of potential
re-uses for brownfield sites and working with communities
to support areawide planning and redevelopment in cities
that have multiple brownfield sites.
DEP has selected the cities of Trenton,
Elizabeth and Camden to pilot this comprehensive approach
to revitalize entire neighborhoods through partnerships
among local communities, local and state officials and private
parties. The initial pilot projects will focus on Trenton's
Monument neighborhood, Camden's Cramer Hill and North Camden
neighborhoods and Elizabeth's E-port neighborhood.
"Partnering with DEP under its new
areawide program will bring much needed housing, commercial
and open space development to Trenton's Monument neighborhood,"
said Trenton Mayor Douglas Palmer. "The new Marriott
at Lafayette Yard is a prime example of a brownfield success
for our city."
The following are additional reforms and
programs included in the DEP brownfield policy:
Liability Reform: DEP will not assert
liability for damages or compensatory restoration against
non-liable brownfield developers at sites at which there
is historical natural resource injury.
No Further Action Letters: DEP will
issue No Further Action (NFA) letters for soils when soil
cleanup at a brownfield property is complete, but groundwater
contamination may remain. DEP will also issue NFA letters
for groundwater when a Classification Exception Area has
been established for a brownfield site and natural attenuation
has been approved as the appropriate remedial action.
Letting Developers Get to Closing:
DEP will permit non-liable brownfield developers to perform,
as necessary, a well survey and potable well sampling and
analysis and determine groundwater flow direction, promptly
after purchasing a brownfield property, rather than requiring
such developers to perform these activities prior to purchase.
Expanded Use of Market Tools: DEP
will encourage the use of financial and market instruments
to help manage financial uncertainties associated with complex
and long-term cleanups while providing community assurance
that cleanup requirements will be met. These mechanisms
include allowing brownfield developers of single sites in
areas affected by ubiquitous groundwater contamination to
resolve their groundwater liability through establishment
of a groundwater trust for DEP to use for future and comprehensive
groundwater remediation efforts; ensuring the reliability
of institutional and engineering controls; and, where appropriate,
reducing the burden on the regulated community of maintaining
these controls.
"Cleanup Star" Program:
DEP will develop this program, which will reform the role
of environmental consultants by allowing developers and
responsible parties to contract with consultant professionals
pre-qualified by DEP. These pre-qualified consultants will
work under the direction of the DEP and will help expedite
remedial analysis, evaluation, and decisions. DEP will public
notice the selection criteria and expected qualifications
for consultant participants. DEP will also develop appropriate
auditing requirements and other safeguards to ensure that
public health and environmental standards are rigorously
enforced, and that pre-qualified professionals who perform
inadequate work are removed promptly from the pre-qualified
list.
Technical Review Panels: DEP will
establish a technical review panel comprising senior DEP
technical staff who will expedite final cleanup decisions
where remedial action has been delayed or potentially may
be delayed by disagreements between brownfield developers
(or other responsible parties) and DEP case managers on
the best approach to meeting standards and technical requirements
to protect public health and the environment.
Brownfields to Greenfields: DEP's
Brownfield Reuse Office will work with the Green Acres Program,
the Division of Fish and Wildlife, municipal officials,
and community and environmental leaders to identify opportunities
to pilot new potential reuses of brownfield sites. This
effort shall focus particularly on identifying brownfield
sites that may be used for residential development projects,
for local and regional parks, for recreation areas, including
off-road vehicle use areas, and for natural resource restoration.
Where bona fide conservation groups have an interest in
stewardship at sites being restored for these purposes,
DEP shall develop appropriate prospective purchaser agreements
to address potential liability arising from ownership. The
Office of Brownfield Reuse shall identify at least two "brownfield
to greenfield" pilots over the next twelve (12) months.
Zero Tolerance for "Warehousing":
Where industrial owners of contaminated brownfield sites
have chosen to "warehouse" the brownfield properties
by leaving them abandoned and avoiding or delaying remediation,
DEP will assist impacted communities to ensure that a beneficial
reuse occurs. Where appropriate, DEP will use its enforcement
authorities to require remediation. Where a municipality
acquires a warehoused property through condemnation, DEP
will partner with the municipality by allowing the local
government to take the lead in cleaning up the site, by
providing appropriate assurances concerning the scope of
liability, and by ensuring that responsible parties pay
for the cost of remediation.
Commissioner Campbell made the announcement
today at the Marriott at Lafayette Yard Hotel and Conference
Center, a brownfield project selected for a national 2002
Phoenix Award recognizing excellence in community redevelopment
at a brownfield site. Joining Commissioner Campbell at today's
event were city of Trenton Mayor Douglas Palmer, city of
Elizabeth Mayor Chris Bollwage, Department of Community
Affairs Commissioner Susan Bass-Levin and several leaders
of New Jersey's business and development, environmental
and local communities.
|
