The
Brownfields Process
The Site Remediation Program's Office of Brownfield
Reuse (OBR) provides participants with assistant throughout the
remediation process at brownfield redevelopment projects. The staff
at OBR can assist in many different ways including coordinating
between various governmental agencies, serving as a liaison to different
areas of the Department, and providing information regarding the
different financial resources that are available for the remediation
of a brownfield project.
Private Development
Due diligence must be conducted before a final decision is
made to invest in a brownfield redevelopment project. This will
help the developer estimate remediation costs and secure federal
and state liability protections.
There are two evaluation protocol to apply when conducting a
due diligence assessment to accrue liability protections, the
federal protocol and the state protocol. The federal due diligence
assessment, called All Appropriate Inquiry, can be conducted by
any qualified environmental professional. The state due diligence
assessment, called a Diligent Inquiry, must be conducted by a
New Jersey Licensed Site Remediation Professional. The state Diligent
Inquiry assessment requires a licensed professional, therefore,
if may be more cost effective to start with the federal All Appropriate
Inquiry. The federal protocol can be amended to meet state requirements
by a Licensed Site Remediation Professional upon a business decision
to proceed.
Some brownfield redevelopment projects are within designated
Brownfield Development Areas (BDA), where the Department has assigned
advisors to help advance the development goals of the BDA project.
BDA are found within areas in need of redevelopment pursuant to
NJ Local Redevelopment and Housing Law (N.J.S.A. 40A:12A). Redevelopment
Plans for these areas describe the local vision for that area
and the land use authorities in place to implement the plan. Development
projects that comply with the Redevelopment Plan will find greater
acceptance during the local approval process. If these projects
are within a BDA, an advisor from the Department will work with
the municipality, BDA Steering Committee and developer to support
the project.
Public Development
Governmental entities are protected from Spill Compensation
and Control Act requirements on sites where they are not the Responsible
Party. These protections are found at N.J.S.A. 58:10-23.11g(d)(4)
and are briefly described below.
While most municipalities cannot provide direct financial assistance,
there are ways that they can reduce project costs and schedule.
Municipalities retain land use authorities and other incentives
that can be used to facilitate private investment in brownfield
sites. Redevelopment plans, redevelopment agencies, community
and local political support have all been effective in promoting
brownfields development.
The redevelopment project schedule and costs can be greatly
reduced when a municipality and developer work together. If a
redevelopment plan exists for a project area, a development project
that meets the goals of that plan should receive favorable treatment
from the municipality in their local approval processes. A local
redevelopment agency may be able to support and guide a project
through the local approval processes. Successful brownfield redevelopment
projects in New Jersey and throughout the country move through
the governmental approval processes and are completed on or near
schedule when they have the support of municipal, county and state
officials. Private-public cooperation is critical to meeting project
development goals.
Brownfield
Liability
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