Brownfields – Groundwater Cleanup
BROWNFIELDS AND PROSPECTIVE PURCHASER AGREEMENTS
This bulletin announces the availability of the State and Regional Water Quality Control Boards and Department of Toxic Substances Control (DTSC) Guidance and Policy documents related to the redevelopment of "Brownfields" communities contain abandoned or under-utilized properties that are contaminated and have not been redeveloped due to remediation and liability cost concerns. These properties are referred to as "Brownfields".
Alternative sites for industrial and commercial facilities on "greenfields" (land with no previous commercial or industrial use), requires additional tax expenditures for the infrastructure development of roads, sewers, schools, residences, etc. Putting "Brownfields" back into service represents an environmental and economic opportunity to avoid redundant infrastructure development and tax dollar expenditures while limiting the burden imposed on the environment and habitats. Regulatory agencies such as the Regional Water Boards and the DTSC may be able to assist the parties involved to both market a "Brownfield" property and effect the required cleanup by providing an appropriate written document. In some cases, a brief "Comfort Letter", which does not confer enforceable legal rights but expresses the Regional Water Board's policies, may provide the level of release that will allow a real estate transaction to take place.
In other cases, prospective purchasers may be available to clean up and, thereafter, develop the property. In these cases, agreements between the Regional Water Boards, which specify the clean-up obligation and which include covenants not to sue if the terms of the agreement are carried out, may be an acceptable way to ensure the cleanup while releasing prospective purchasers from unknown clean-up liability.
- Prospective Purchaser Agreement Policy
- State Water Board Guidance memo to Regional Boards regarding prospective purchaser agreements
- State and Regional Water Board model "Comfort Letter"
- Model Regional Board Resolution
- CalEPA Brownfields
- Contact List Update
- Brownfield's Targeted Site Investigation Program (TSI)
Government agencies and non-profit organizations involved with redevelopment in California are eligible to apply for funding assistance under a program that encourages brownfields redevelopment. The TSI Program is one of several initiatives funded through a $1.5 million grant from the U.S. Environmental Protection Agency. A grant amount of $550,000 will be distributed to a maximum of four sites. The application deadline is August 7, 2006. View the Fact Sheet for more information.