WEBVTT 110 00:00:00.000 --> 00:00:01.000 materials and turn things over to 111 00:00:02.000 --> 00:00:03.067 your official sessions facilitator, transects. Please 112 00:00:03.067 --> 00:00:06.067 feel free to begin. 113 00:00:06.067 --> 00:00:09.067 >> Thank you and welcome everyone 114 00:00:09.067 --> 00:00:15.067 and thank you for tuning in to our webinar.My name is Frank Avvisato 115 00:00:15.067 --> 00:00:19.067 and I were cure EPA headquarters as Superfund redevelopment initiative 116 00:00:19.067 --> 00:00:24.000 project manager. 117 00:00:24.000 --> 00:00:29.000 The Superfund redevelopment webinar shares site reuse success stories 118 00:00:29.000 --> 00:00:31.000 as well as challenges with the hope that these stories will inspire 119 00:00:31.000 --> 00:00:37.000 you to consider reuse on other properties. Each webinar provides guidance, 120 00:00:37.000 --> 00:00:42.067 tools and lessons learned to support the appropriate reuse of Superfund 121 00:00:42.067 --> 00:00:51.067 sites. 122 00:00:51.067 --> 00:00:53.067 Today we will discuss a few best practices for 123 00:00:53.067 --> 00:00:55.067 successful Superfund site redevelopment and the available tools and liability 124 00:00:55.067 --> 00:00:58.067 protections for purchasers and tenants using the real-world examples of 125 00:00:58.067 --> 00:01:03.067 the Solitron microwave site located in Florida in region for. 126 00:01:03.067 --> 00:01:11.067 >> Here is a preview of what we will 127 00:01:11.067 --> 00:01:15.067 be covering. After some brief background 128 00:01:15.067 --> 00:01:20.067 on SRI and the benefits of redeveloping contaminated properties, 129 00:01:20.067 --> 00:01:22.067 we will have the chance to hear from key players involved in the 130 00:01:22.067 --> 00:01:26.000 early cleanup and redevelopment days of the Solitron microwave site. 131 00:01:26.000 --> 00:01:30.000 We will hear from the site owner and president of Paradise properties 132 00:01:30.000 --> 00:01:35.000 and the remedial project manager at the time, 133 00:01:35.000 --> 00:01:39.000 Bill Denman he was the redevelopment and chemicals branch chief and 134 00:01:39.000 --> 00:01:45.067 the former EPA attorney on the site, Kat West who is now EPA 135 00:01:45.067 --> 00:01:47.067 contractor. They will discuss their experiences and 136 00:01:47.067 --> 00:01:53.067 best practices learned. And then we will hear from 137 00:01:53.067 --> 00:01:56.067 Phil page from EPA office of site remediation enforcement who will 138 00:01:56.067 --> 00:02:02.067 share additional information about the extremely helpful and 139 00:02:02.067 --> 00:02:06.067 inquiry tool that Bill and Kat developed 140 00:02:06.067 --> 00:02:11.067 for the Solitron microwave site which is now used in many of the 141 00:02:11.067 --> 00:02:14.067 regions. 142 00:02:14.067 --> 00:02:23.067 From their bill and Phil will share additional 143 00:02:23.067 --> 00:02:26.000 information about the steps of the tool including discussing compatibility 144 00:02:26.000 --> 00:02:29.000 of the proposed reuse for the site remedy and bona fide prospective 145 00:02:29.000 --> 00:02:34.000 purchaser liability protections and Bill and Phil will summarize 146 00:02:34.000 --> 00:02:38.000 all of the great 147 00:02:38.000 --> 00:02:41.000 support and tools that EPA provides to help facilitate successful Superfund 148 00:02:41.000 --> 00:02:45.000 site redevelopment and lastly I will share final resources and contact 149 00:02:45.000 --> 00:02:48.000 information. 150 00:02:48.000 --> 00:03:03.000 First, what is the Superfund redevelopment initiative? 151 00:03:03.000 --> 00:03:05.000 Better known as SRI. SRI works with communities 152 00:03:05.000 --> 00:03:07.000 and other partners in considering future use opportunities and integrating 153 00:03:07.000 --> 00:03:13.000 appropriate reuse options into the cleanup process. 154 00:03:13.000 --> 00:03:15.000 It is important to note that reuse considerations can and should 155 00:03:15.000 --> 00:03:18.000 be explored at any point during the Superfund cleanup process. 156 00:03:18.000 --> 00:03:20.000 There are many different ways to reuse Superfund sites and there 157 00:03:20.000 --> 00:03:23.000 is no one-size-fits-all solution to determining which reuse site 158 00:03:23.000 --> 00:03:31.934 will be the most appropriate. Contaminated sites 159 00:03:31.934 --> 00:03:34.934 pose unique challenges in cleanup and reuse. 160 00:03:34.934 --> 00:03:38.934 They can also allow for a broad spectrum of safe and productive 161 00:03:38.934 --> 00:03:45.000 reuse possibilities. Retuning the contaminated site to productive 162 00:03:45.000 --> 00:03:47.000 uses an important part of the mission and the Superfund task force has 163 00:03:47.000 --> 00:03:51.000 developed recommendations for action and has diligently 164 00:03:51.000 --> 00:03:53.000 working to see the goals were realized. 165 00:03:53.000 --> 00:03:57.000 If you're interested in finding out more about the task force feel 166 00:03:57.000 --> 00:03:59.000 free to check out the link in the resources pod on the right side 167 00:03:59.000 --> 00:04:07.000 of your screen. For more information about SRI's 168 00:04:07.000 --> 00:04:10.000 I would encourage you to visit the SRI website link to the SRI 169 00:04:10.000 --> 00:04:14.000 website here on the slide and also listed in your resources pod on 170 00:04:14.000 --> 00:04:17.000 the right side of your screen. 171 00:04:17.000 --> 00:04:20.000 The two photos shown here, the first on the left 172 00:04:20.000 --> 00:04:27.934 is the Strother Field industrial Park Superfund site in Kansas. 173 00:04:27.934 --> 00:04:31.934 Here there were several commercial industrial businesses located and 174 00:04:31.934 --> 00:04:35.934 businesses their employee over 1300 people and generate over 128 million 175 00:04:35.934 --> 00:04:38.934 in annual sales. 176 00:04:38.934 --> 00:04:46.000 Pictured on the right is the restored habitat at the Onondaga Lake 177 00:04:46.000 --> 00:04:50.000 Superfund site in New York which helps to provide resources needed 178 00:04:50.000 --> 00:04:54.000 for sustainable ecosystem. More than 250 wildlife species are now 179 00:04:54.000 --> 00:05:03.000 found on the site including more than 120 bird species. 180 00:05:03.000 --> 00:05:06.000 And outdoor amphitheater funded by state and local resources and 181 00:05:06.000 --> 00:05:10.000 was constructed in 2015 as part of a lakefront revitalization effort. 182 00:05:10.000 --> 00:05:17.000 >> I encourage you to 183 00:05:17.000 --> 00:05:21.000 visit the redevelopment partnerships page also on the SRI website to 184 00:05:21.000 --> 00:05:27.000 learn more about specific organizations that have partnered with SRI to 185 00:05:27.000 --> 00:05:31.000 assist in the Superfund site reuse. 186 00:05:31.000 --> 00:05:35.000 Collaborating with these organizations helps SRI provide appropriate tools 187 00:05:35.000 --> 00:05:39.000 and resources to turn reuse visions and plans into reality. 188 00:05:39.000 --> 00:05:43.067 SRI currently has partnerships with the Academy of model Aeronautics, 189 00:05:43.067 --> 00:05:49.067 rails to trails Conservancy, the trust for Public land and 190 00:05:49.067 --> 00:05:56.067 also the pollinator partnership. 191 00:05:56.067 --> 00:06:00.067 There willing to work with communities, municipalities or other stakeholders 192 00:06:00.067 --> 00:06:05.067 to explore reuse opportunities and resources for their local Superfund 193 00:06:05.067 --> 00:06:07.067 sites. 194 00:06:07.067 --> 00:06:10.067 Please feel free to ask questions of our presenters and we will have 195 00:06:10.067 --> 00:06:14.067 some time at the end for remaining questions. With that I will turn 196 00:06:14.067 --> 00:06:17.067 things over to Bill Denman. 197 00:06:17.067 --> 00:06:23.067 >> Thank you, Frank. I appreciate that intro 198 00:06:23.067 --> 00:06:27.000 and I want to welcome everybody here to the webinar. And let you 199 00:06:27.000 --> 00:06:30.000 know that my name is Bill Denman and I am chief of the redevelopment 200 00:06:30.000 --> 00:06:36.000 and chemicals branch in the land, chemicals and redevelopment 201 00:06:36.000 --> 00:06:38.000 region. 202 00:06:38.000 --> 00:06:46.067 We have the eight southeastern states where we manage 203 00:06:46.067 --> 00:06:48.067 the EPA programs and what I have in the branch that I currently manage 204 00:06:48.067 --> 00:06:52.067 is the Brownfields redevelopment program, pesticides program, sustainability 205 00:06:52.067 --> 00:06:56.067 and PCP cleanup but a lot of my background in 206 00:06:56.067 --> 00:07:00.067 the redevelopment of contaminated properties has to do with my time 207 00:07:00.067 --> 00:07:04.067 that I spent almost 20 years as a Superfund project manager and 208 00:07:04.067 --> 00:07:07.067 is where I got to work on this. 209 00:07:07.067 --> 00:07:14.067 I'm very happy to be able to talk with you all today and present 210 00:07:14.067 --> 00:07:19.067 with these presenters. We have a wealth of experience here and 211 00:07:19.067 --> 00:07:22.067 all of us I believe have been working in the initiative since it began 212 00:07:22.067 --> 00:07:27.000 in 1999. As most of you probably know, Superfund, 213 00:07:27.000 --> 00:07:33.000 the law that is Superfund which is that acronym, 214 00:07:33.000 --> 00:07:38.000 it was passed in 1980 and the EPA focused on getting 215 00:07:38.000 --> 00:07:42.067 sites and cleaning up some of the worst sites out there 216 00:07:42.067 --> 00:07:47.067 and all focused on investigation and cleanup and getting that done 217 00:07:47.067 --> 00:07:51.067 after 15 years as the program advanced and matured we realize there was 218 00:07:51.067 --> 00:07:55.067 another component we were leaving out of the equation and that was 219 00:07:55.067 --> 00:07:59.067 the future use. Why were we cleaning this up 220 00:07:59.067 --> 00:08:02.067 and what impact was our cleanup having on how the properties could 221 00:08:02.067 --> 00:08:07.067 be used in the future and why that mattered? So we will go over some 222 00:08:07.067 --> 00:08:09.067 of that today. 223 00:08:09.067 --> 00:08:15.067 That is really when the Brownfields program began in the mid-1990s 224 00:08:15.067 --> 00:08:17.067 and by 2002 Congress changed the Superfund law to codify the 225 00:08:17.067 --> 00:08:22.067 Brownfields program and the liability protections we will be talking about. 226 00:08:22.067 --> 00:08:27.000 As the Superfund program evolved we began 227 00:08:27.000 --> 00:08:35.000 to be more concerned about future use of the property. 228 00:08:35.000 --> 00:08:37.000 And that led to the Superfund redevelopment initiative and where 229 00:08:37.000 --> 00:08:41.067 we are today. Started working in the program in 1997 so it was a 230 00:08:41.067 --> 00:08:48.067 perfect time to be a project manager that was interested in future use 231 00:08:48.067 --> 00:08:51.067 of property and that's when I began working on the site that we will 232 00:08:51.067 --> 00:08:52.067 talk about today in the case study. 233 00:08:52.067 --> 00:08:56.067 You might be asking yourself, why on earth would someone want to buy 234 00:08:56.067 --> 00:09:01.067 a Superfund site? The heavy-handed BPA, 235 00:09:01.067 --> 00:09:04.067 the enforcement program that you can require individuals to conduct 236 00:09:04.067 --> 00:09:08.067 and pay for all of the cleanup and why would somebody be interested? 237 00:09:08.067 --> 00:09:19.067 Just like any other real estate transaction, it is the location. 238 00:09:19.067 --> 00:09:21.067 When Janet talks to us I believe she can confirm this but one of 239 00:09:21.067 --> 00:09:25.000 the main thing she was interested in in our case study project was 240 00:09:25.000 --> 00:09:27.000 the location of the property and that is what initially attracted 241 00:09:27.000 --> 00:09:32.000 her and she began working with us on how it can be redeveloped. It's 242 00:09:32.000 --> 00:09:37.000 important and I think one of the issues that Superfund had was 243 00:09:37.000 --> 00:09:45.067 because of the liability scheme that 244 00:09:45.067 --> 00:09:47.067 is in Superfund law, not only was the fact that sites listed on the 245 00:09:47.067 --> 00:09:50.067 national parties list, not only did it inhibit the redevelopment 246 00:09:50.067 --> 00:09:54.067 but it had a whole on the don't effect with property surrounded 247 00:09:54.067 --> 00:09:59.067 and EPA realize that and that's why resources 248 00:09:59.067 --> 00:10:01.067 were developed to try to promote and encourage the development of 249 00:10:01.067 --> 00:10:06.067 the properties as they were cleaned up. 250 00:10:06.067 --> 00:10:09.067 What are some of the other reasons that EPA may be interested and others 251 00:10:09.067 --> 00:10:13.067 may be interested in redeveloping contaminated property and Superfund 252 00:10:13.067 --> 00:10:19.067 sites including conserving green space. There have been studies 253 00:10:19.067 --> 00:10:25.000 conducted that shows an average of for.5 acres 254 00:10:25.000 --> 00:10:27.000 of green fields are protected for every acre of contaminated property 255 00:10:27.000 --> 00:10:30.000 redeveloped because it prevents the concept of suburban sprawl and 256 00:10:30.000 --> 00:10:36.000 people moving out to Greenfields and all of the land that is taken 257 00:10:36.000 --> 00:10:39.000 up in that pic it revitalizes communities. 258 00:10:39.000 --> 00:10:43.067 We have seen that the -- in many cases local governments 259 00:10:43.067 --> 00:10:46.067 will have contaminated properties valued 260 00:10:46.067 --> 00:10:51.067 at near nothing or maybe even abandon so they are not collecting property 261 00:10:51.067 --> 00:10:54.067 taxes. 262 00:10:54.067 --> 00:10:56.067 There is not any revenue coming in for 263 00:10:56.067 --> 00:10:59.067 the community that can be used to pay for roads and schools. Not 264 00:10:59.067 --> 00:11:07.067 only can redevelopment properties have an impact on 265 00:11:07.067 --> 00:11:10.067 helping blighted communities but also local governments. The picture 266 00:11:10.067 --> 00:11:14.067 at the top is the picture of old Camilla would cite in south-central 267 00:11:14.067 --> 00:11:18.067 Georgia which was eventually turned into a soccer complex that serves 268 00:11:18.067 --> 00:11:23.067 several counties and we gave that site and award 269 00:11:23.067 --> 00:11:26.000 several years ago and I was down there with the project 270 00:11:26.000 --> 00:11:29.000 manager who worked on it and he noticed that the homes around the 271 00:11:29.000 --> 00:11:35.000 site looked a lot better than when he worked there. 272 00:11:35.000 --> 00:11:37.000 The whole community looks better and it was true that 273 00:11:37.000 --> 00:11:40.000 people were taking more pride in their community now that the central 274 00:11:40.000 --> 00:11:44.067 blighted piece of property had been cleaned up and they have nice soccer 275 00:11:44.067 --> 00:11:49.067 fields and there was more pride in the area. The photo on the bottom 276 00:11:49.067 --> 00:11:54.067 is the Solitron microwave site and we will talk about that a little 277 00:11:54.067 --> 00:11:57.067 bit later. 278 00:11:57.067 --> 00:12:02.067 >> What are we talking about when we talk about the universe of contaminated 279 00:12:02.067 --> 00:12:05.067 properties? 280 00:12:05.067 --> 00:12:08.067 Specifically today we will be talking about the 40.000+ or so 281 00:12:08.067 --> 00:12:14.067 Superfund sites and the us -- this includes a subset under 282 00:12:14.067 --> 00:12:25.000 1700 sites or properties 283 00:12:25.000 --> 00:12:27.000 are on the list but there have been a lot of properties that have been 284 00:12:27.000 --> 00:12:29.000 addressed by the emergency response removal program under Superfund 285 00:12:29.000 --> 00:12:31.000 and have a potential Superfund liability. 286 00:12:31.000 --> 00:12:34.000 There are a lot of sites even though they may not be national party sites 287 00:12:34.000 --> 00:12:39.000 or sites listed on the national parties list but they may have been 288 00:12:39.000 --> 00:12:43.000 or had an action that was taken under the Superfund law and 289 00:12:43.000 --> 00:12:46.000 may have potential Superfund liability. 290 00:12:46.000 --> 00:12:52.000 There are 3700 sides covered by the 291 00:12:52.000 --> 00:12:56.000 RCRA program and those of you that may not know 292 00:12:56.000 --> 00:13:11.000 that that program was primarily telling David 293 00:13:11.000 --> 00:13:13.000 as the cleanup program for operating facilities 294 00:13:13.000 --> 00:13:15.000 and we will not be talking about those today but there also contaminated 295 00:13:15.000 --> 00:13:16.000 properties that undergo development. 296 00:13:16.000 --> 00:13:18.000 The vast majority of contaminated or potentially contaminated properties 297 00:13:18.000 --> 00:13:20.000 are called Brownfields. Brownfields or properties that there is either 298 00:13:20.000 --> 00:13:23.000 real or perceived contamination that may be covered under the Superfund 299 00:13:23.000 --> 00:13:29.934 law and that includes up to over 500.000 properties that have an 300 00:13:29.934 --> 00:13:40.934 underground storage tank. When you look at Brownfields in general 301 00:13:40.934 --> 00:13:44.000 and contaminated properties, we are talking as much 302 00:13:44.000 --> 00:13:46.000 as $2 trillion and 5 million acres of undervalued real estate so the 303 00:13:46.000 --> 00:13:50.000 economic impact of getting the properties back into productive use is enormous 304 00:13:50.000 --> 00:13:54.000 and the impact is over half of the US population lives within 3 miles 305 00:13:54.000 --> 00:13:57.000 of one of these sites. 306 00:13:57.000 --> 00:14:02.000 >> That brings us to the case study 307 00:14:02.000 --> 00:14:07.000 which I'm very excited to talk about it is a nice trip down memory lane 308 00:14:07.000 --> 00:14:09.000 for me and hopefully it is for Janet. 309 00:14:09.000 --> 00:14:15.000 I know it is for Kat and I we will talk today about the Solitron microwave 310 00:14:15.000 --> 00:14:17.000 Superfund site. 311 00:14:17.000 --> 00:14:20.000 It was on the national parties list and for those of you that are 312 00:14:20.000 --> 00:14:25.934 familiar, this is what we call a site that was funded by EPA cleanup 313 00:14:25.934 --> 00:14:30.934 fund. The potentially responsible party for this was 314 00:14:30.934 --> 00:14:33.934 not a viable party. 315 00:14:33.934 --> 00:14:38.934 We are going to talk about this and you have already met me and 316 00:14:38.934 --> 00:14:43.000 we also have on the line Janet Kozan who is CEO of paradise properties 317 00:14:43.000 --> 00:14:49.000 of Florida, the company that holds the property which was subdivided 318 00:14:49.000 --> 00:14:53.000 into several different parcels and some have since been sold off and 319 00:14:53.000 --> 00:14:58.000 West currently with Skeo Solutions and at the time 320 00:14:58.000 --> 00:15:01.000 she was an attorney here and she was the site attorney on the site 321 00:15:01.000 --> 00:15:04.000 and I was the project manager. 322 00:15:04.000 --> 00:15:10.000 You have a -- over 20 years each of us including Janet 323 00:15:10.000 --> 00:15:17.000 with experience in Superfund and specifically redevelopment 324 00:15:17.000 --> 00:15:20.000 of Superfund property and I'm sure Janet could easily be a remedial 325 00:15:20.000 --> 00:15:24.000 project manager of the program having gone through this because we learned 326 00:15:24.000 --> 00:15:27.000 a lot over this time. 327 00:15:27.000 --> 00:15:30.000 If I can have the arrow, I will point to a few things. This 328 00:15:30.000 --> 00:15:36.000 is a picture of the abandon Solitron microwave building in 329 00:15:36.000 --> 00:15:39.000 Port Salerno, Florida. 330 00:15:39.000 --> 00:15:43.067 The building as you can see in the back, this was after we had 331 00:15:43.067 --> 00:15:48.067 conducted our removal action that we were conducting 332 00:15:48.067 --> 00:15:54.067 under the record of decision that we sign for the site. 333 00:15:54.067 --> 00:15:56.067 This was an area in the back were treated wastewater had been disposed 334 00:15:56.067 --> 00:16:02.067 of and Hadley doubt and cause contamination of ethylene and try ethylene 335 00:16:02.067 --> 00:16:08.067 -- bake clean the products that they made 336 00:16:08.067 --> 00:16:14.067 the microwave Parks disparate parts within the have 337 00:16:14.067 --> 00:16:17.067 the wastewater stream. It was a big building with a lot of activity 338 00:16:17.067 --> 00:16:22.067 that occurred there. This was a 20 acre piece of land 339 00:16:22.067 --> 00:16:26.000 with the building sitting in the middle and it had been there 340 00:16:26.000 --> 00:16:29.000 quite a while and that was actually a tree growing out of the ceiling. 341 00:16:29.000 --> 00:16:37.000 The property was so dilapidated and overgrown that at one point 342 00:16:37.000 --> 00:16:39.000 when I first started working on the site, I was on the property 343 00:16:39.000 --> 00:16:44.067 trying to find some flushmounted monitoring wells 344 00:16:44.067 --> 00:16:49.067 and in an area like this that was way overgrown and those of you in 345 00:16:49.067 --> 00:16:53.067 the business know how easy it is for the wells to disappear when 346 00:16:53.067 --> 00:16:55.067 an area is allowed to grow over. 347 00:16:55.067 --> 00:16:59.067 I had been there quite a while looking for it and I came back out 348 00:16:59.067 --> 00:17:02.067 to the road where my car was parked and as I walked around the gate 349 00:17:02.067 --> 00:17:06.067 there was a TV crew and the lights hit me in the face and they said 350 00:17:06.067 --> 00:17:09.067 did you find the body? I asked him what on earth are you talking 351 00:17:09.067 --> 00:17:14.067 about? Someone in the area had disappeared and because my car had 352 00:17:14.067 --> 00:17:17.067 government plates they thought I was with the FBI 353 00:17:17.067 --> 00:17:21.067 or something and had been searching for the body and they assumed that 354 00:17:21.067 --> 00:17:25.000 the property which had reported so many bad 355 00:17:25.000 --> 00:17:28.000 things that it happened and this is where we would go but inside 356 00:17:28.000 --> 00:17:34.000 the building there were loads of broken beer 357 00:17:34.000 --> 00:17:40.000 bottles and graffiti on the wall and occasionally 358 00:17:40.000 --> 00:17:44.067 people were living in the building and it was right in the center of 359 00:17:44.067 --> 00:17:48.067 a residential area. Kind of a low to middle income residential area 360 00:17:48.067 --> 00:17:56.067 so it was a real eyesore for people and we as EPA, we can clean the 361 00:17:56.067 --> 00:18:01.067 site up but we cannot redevelop it. And one other thing to point 362 00:18:01.067 --> 00:18:05.067 out is underneath the building where the operations occurred there 363 00:18:05.067 --> 00:18:07.067 had been some spills so there was some low-level contamination in 364 00:18:07.067 --> 00:18:12.067 the soil underneath the building and the water table here was about 365 00:18:12.067 --> 00:18:16.067 12 or 13 feet. We decided to just leave the building there 366 00:18:16.067 --> 00:18:20.067 is the contaminated soil underneath was not Terry -- 367 00:18:20.067 --> 00:18:26.000 were tearing the building down to get to it 368 00:18:26.000 --> 00:18:30.000 and Janet came in with her redevelopment and race to the 369 00:18:30.000 --> 00:18:34.000 building and we greatly enhance the remedy and allowed us to have 370 00:18:34.000 --> 00:18:38.000 a clean closure once groundwater was cleaned up. 371 00:18:38.000 --> 00:18:43.067 >> With that I will turn it over to 372 00:18:43.067 --> 00:18:50.067 Kat who as 373 00:18:50.067 --> 00:18:52.067 we are working through this in the record of decision, she is the site 374 00:18:52.067 --> 00:18:55.067 attorney and as Janet approached us and was interested in purchasing 375 00:18:55.067 --> 00:19:00.067 the property, Kat was working with the nonviable but liable potentially 376 00:19:00.067 --> 00:19:03.067 responsible party on a settlement and disposition 377 00:19:03.067 --> 00:19:06.067 of the property. 378 00:19:06.067 --> 00:19:12.067 >> Thank you, Bill. I had forgotten 379 00:19:12.067 --> 00:19:15.067 the story about the body. 380 00:19:15.067 --> 00:19:18.067 Thank you for remembering. 381 00:19:18.067 --> 00:19:24.000 It is so nice, it feels like the band is back 382 00:19:24.000 --> 00:19:29.000 together having you and Janet on the call today. I have this photo 383 00:19:29.000 --> 00:19:33.000 because I think that this is probably how some developers and local 384 00:19:33.000 --> 00:19:38.000 government feel when they learned that the property, the perfect 385 00:19:38.000 --> 00:19:43.067 property and perfect location that they want to purchase and redevelop 386 00:19:43.067 --> 00:19:48.067 and they find out that it is a Superfund site. 387 00:19:48.067 --> 00:19:54.067 And I'm pretty sure this is how Janet felt 388 00:19:54.067 --> 00:19:58.067 back in 2002 when she was interested in the Solitron 389 00:19:58.067 --> 00:20:00.067 microwave site. 390 00:20:00.067 --> 00:20:04.067 But here's the really good news and I cannot emphasize this enough. 391 00:20:04.067 --> 00:20:08.067 Superfund sites are truly 392 00:20:08.067 --> 00:20:11.067 fabulous redevelopment opportunities. 393 00:20:11.067 --> 00:20:15.067 You might ask why? 394 00:20:15.067 --> 00:20:18.067 And as Bill was mentioning, the location for sure and often times 395 00:20:18.067 --> 00:20:20.067 they have access to great infrastructure that they are also fabulous redevelopment 396 00:20:20.067 --> 00:20:29.000 opportunity because of the availability. 397 00:20:29.000 --> 00:20:32.000 Really strong liability protection, really good EPA support 398 00:20:32.000 --> 00:20:36.000 and a whole suite of tools to make these redevelopment opportunities 399 00:20:36.000 --> 00:20:39.000 a tremendous success. In the webinar we will peel back the 400 00:20:39.000 --> 00:20:44.067 onion a bit and we are going to talk about many of those. 401 00:20:44.067 --> 00:20:50.067 >> Let's talk about the Brownfield 402 00:20:50.067 --> 00:20:54.067 amendment. In 2002. a great year a great year 403 00:20:54.067 --> 00:20:58.067 for Brazil because they won the World Cup and it was a great year 404 00:20:58.067 --> 00:21:03.067 for Burgundy wine but most importantly 2002 was 405 00:21:03.067 --> 00:21:08.067 a great year for Superfund resettlement. 406 00:21:08.067 --> 00:21:11.067 This is when things got really exciting. 407 00:21:11.067 --> 00:21:16.067 That is because in 2002 Congress created a brand-new liability 408 00:21:16.067 --> 00:21:20.067 protection and perspective purchasers for Superfund sites. The new 409 00:21:20.067 --> 00:21:28.000 liability protection is known as bona fide perspective purchaser. 410 00:21:28.000 --> 00:21:33.000 It was created as part of the Brownfield amendment to the 411 00:21:33.000 --> 00:21:39.000 Superfund law and the new bona fide perspective purchaser 412 00:21:39.000 --> 00:21:43.067 or BFPP was and still is a very big deal and you 413 00:21:43.067 --> 00:21:49.067 will hear more about this later from Phil. But for now 414 00:21:49.067 --> 00:21:57.067 know that they BFPP status in the Brownfield amendment 415 00:21:57.067 --> 00:22:00.067 set the stage for a significant increase 416 00:22:00.067 --> 00:22:04.067 in the pay of Superfund site redevelopment across the country. But there was 417 00:22:04.067 --> 00:22:10.067 a problem. And back in 2002 a developer and local government 418 00:22:10.067 --> 00:22:15.067 who were encouraged by the new liability protection 419 00:22:15.067 --> 00:22:18.067 of the Brownfield amendment were starting to contact EPA with increased 420 00:22:18.067 --> 00:22:24.000 frequency about redeveloping the Superfund site in their communities. 421 00:22:24.000 --> 00:22:29.000 And I can tell you that Bill and I were 422 00:22:29.000 --> 00:22:33.000 thrilled and excited about all the interest and all the calls. However, 423 00:22:33.000 --> 00:22:41.000 EPA at the time, had really no way or no process of effectively or 424 00:22:41.000 --> 00:22:45.000 efficiently managing these inquiries and requests for support on redevelopment. 425 00:22:45.000 --> 00:22:49.000 And sadly, the results back then was 426 00:22:49.000 --> 00:22:54.000 that these awesome redevelopment opportunities, they were getting 427 00:22:54.000 --> 00:22:58.000 lost in the shuffle. And we found that 428 00:22:58.000 --> 00:23:03.000 some inconsistent or nonexistent information about the site cleanup, 429 00:23:03.000 --> 00:23:11.000 re-developers plans for redeveloping the site 430 00:23:11.000 --> 00:23:14.000 and a general lack of understanding and comfort with the new liability 431 00:23:14.000 --> 00:23:22.000 protections was slowing things down and we all know that 432 00:23:22.000 --> 00:23:25.934 time is money. A lot of opportunities were getting lost. But luckily, 433 00:23:25.934 --> 00:23:32.934 lightning struck in the form of a very precipitous phone 434 00:23:32.934 --> 00:23:35.934 call from Janet Kozan. 435 00:23:35.934 --> 00:23:39.934 And Janet had discovered that the property, 436 00:23:39.934 --> 00:23:46.000 the Solitron microwave property was undergoing an EPA cleanup and 437 00:23:46.000 --> 00:23:51.000 so she called Bill Denman about the site and as Bill 438 00:23:51.000 --> 00:23:55.000 mentioned I just happened to be the attorney assigned to the side 439 00:23:55.000 --> 00:23:58.000 and I really loved redevelopment and was really getting 440 00:23:58.000 --> 00:24:01.000 involved and so Bill and I have the perfect opportunity to co-create 441 00:24:01.000 --> 00:24:07.000 something called the perspective purchaser inquiry tool. 442 00:24:07.000 --> 00:24:12.000 Also known as the PPI process. The PPI 443 00:24:12.000 --> 00:24:17.000 tool or process, we designed it and maximized redevelopment opportunity. 444 00:24:17.000 --> 00:24:21.000 And so when a developer or a local government 445 00:24:21.000 --> 00:24:25.934 or municipality called EPA wanting information 446 00:24:25.934 --> 00:24:30.934 or support through this tool EPA now had a 447 00:24:30.934 --> 00:24:34.934 formal process to help which was fast and highly effective. 448 00:24:34.934 --> 00:24:40.934 Developers and local government loved it and so once we 449 00:24:40.934 --> 00:24:46.000 started using the perspective purchaser process, redevelopment 450 00:24:46.000 --> 00:24:52.000 in region for a took off like a rocket and it was so much 451 00:24:52.000 --> 00:24:56.000 to -- fun to be a part of it and we 452 00:24:56.000 --> 00:24:59.000 will talk more about that to a later and how you might be able to use 453 00:24:59.000 --> 00:25:05.000 it first Janet, as the developer, do you mind 454 00:25:05.000 --> 00:25:10.000 sharing with us why you chose this site and what your experience was 455 00:25:10.000 --> 00:25:14.000 developing the site or working with the PA? 456 00:25:14.000 --> 00:25:17.000 >> Can you hear me? 457 00:25:17.000 --> 00:25:26.000 >> I can, yes. 458 00:25:26.000 --> 00:25:31.000 >> This is Janet Kozan back in November of 459 00:25:31.000 --> 00:25:36.000 back in November 2002 my partner and I 460 00:25:36.000 --> 00:25:41.067 were looking for an investment property in the Palm Beach or Martin 461 00:25:41.067 --> 00:25:47.067 County area. We stumbled upon this property off of Cove Road and 462 00:25:47.067 --> 00:25:53.067 it is in the northern part of Martin County and we saw this 463 00:25:53.067 --> 00:25:58.067 sign and on the assignment said, Superfund redevelopment 464 00:25:58.067 --> 00:26:04.067 site. We had no idea what that meant. And so 465 00:26:04.067 --> 00:26:12.067 my partner Larry called and he -- they told us it was a contaminated 466 00:26:12.067 --> 00:26:16.067 property by a prior owner who is the Solitron microwave company that 467 00:26:16.067 --> 00:26:22.067 did electric plating two miniature microwave parts 468 00:26:22.067 --> 00:26:28.000 and actually started back as early as 1968 through 469 00:26:28.000 --> 00:26:31.000 1987. 470 00:26:31.000 --> 00:26:35.000 And later it was taken over by another retrofitting 471 00:26:35.000 --> 00:26:41.067 company that did electric plating for the aerospace program. 472 00:26:41.067 --> 00:26:47.067 It was contaminated with three specific chemicals, 473 00:26:47.067 --> 00:26:51.067 vinyl chloride, vinyl 474 00:26:51.067 --> 00:26:55.067 chloride Lane and trichloroethylene I knew nothing about any of the 475 00:26:55.067 --> 00:27:00.067 chemicals or how horrible it was when it got into the soil and the 476 00:27:00.067 --> 00:27:04.067 water. When my partner told me 477 00:27:04.067 --> 00:27:07.067 I immediately said, we don't want to have anything to do with that 478 00:27:07.067 --> 00:27:17.067 and I was scared to that due to 90% of ignorance. However, 479 00:27:17.067 --> 00:27:19.067 being the curious That I am, I called and investigated 480 00:27:19.067 --> 00:27:22.067 and did some reading and shared with the Florida Department of Environmental 481 00:27:22.067 --> 00:27:27.000 Protection and of course Martin County, the county in which the 482 00:27:27.000 --> 00:27:32.000 property was located. I was informed that 483 00:27:32.000 --> 00:27:36.000 the Florida Department of Environmental Protection and EPA were partnering 484 00:27:36.000 --> 00:27:42.067 to cleanup the land which EPA was already there sampling 485 00:27:42.067 --> 00:27:47.067 soil and addressing the public water supply system. 486 00:27:47.067 --> 00:27:53.067 I found out that they were going to replace 150 homes 487 00:27:53.067 --> 00:27:58.067 off of their wells and put them on public drinking 488 00:27:58.067 --> 00:28:02.067 water to protect them from the plume that was coming from our property. 489 00:28:02.067 --> 00:28:09.067 At that point, I was so motivated by the Greenspan 490 00:28:09.067 --> 00:28:18.067 wave of velocity -- philosophy that Martin County 491 00:28:18.067 --> 00:28:21.067 had going at that time and was so grateful to see that the EPA cared 492 00:28:21.067 --> 00:28:25.000 enough about our community to come in and purify it. I decided with 493 00:28:25.000 --> 00:28:28.000 my partner that we would purchase the property and 494 00:28:28.000 --> 00:28:34.000 we would go along with any of the requirements that EPA had 495 00:28:34.000 --> 00:28:38.000 for us so that we could make it a successful redevelopment. 496 00:28:38.000 --> 00:28:42.067 One of the things that I loved was like Kat said, 497 00:28:42.067 --> 00:28:48.067 was the strong liability protection that they have for future and potential 498 00:28:48.067 --> 00:28:49.067 purchasers. 499 00:28:49.067 --> 00:28:54.067 As I had decided or my partner and I made a game plan to develop this 500 00:28:54.067 --> 00:29:00.067 20 acres into seven individual lots for 501 00:29:00.067 --> 00:29:06.067 office warehouse, light industrial use, if you will. And 502 00:29:06.067 --> 00:29:11.067 so we had a land developer and an engineer draw up the site 503 00:29:11.067 --> 00:29:14.067 plan. 504 00:29:14.067 --> 00:29:16.067 And we kind of got an idea of what we would do before we even 505 00:29:16.067 --> 00:29:22.067 bought the property. But the fact that West and Bill Denman 506 00:29:22.067 --> 00:29:27.000 had what we called the PPA, perspective purchaser agreement 507 00:29:27.000 --> 00:29:32.000 and later became covenant, not to sue. We were told that 508 00:29:32.000 --> 00:29:38.000 we would present these two the future buyers, potential buyers of our 509 00:29:38.000 --> 00:29:41.067 lot and that would protect them from 510 00:29:41.067 --> 00:29:45.067 any liability of the contamination that was already there. Again, 511 00:29:45.067 --> 00:29:51.067 I thought it was a very ingenious way to redevelop and 512 00:29:51.067 --> 00:29:53.067 get properties back into use. 513 00:29:53.067 --> 00:29:59.067 I was impressed with the organization of Bill and Kat and the whole 514 00:29:59.067 --> 00:30:03.067 EPA system for renovating the properties. 515 00:30:03.067 --> 00:30:08.067 I felt very comfortable the whole step of the way 516 00:30:08.067 --> 00:30:13.067 until I was finally comfortable enough to close on the property 517 00:30:13.067 --> 00:30:16.067 March March 2003. 518 00:30:16.067 --> 00:30:21.067 So we made our purchase in March 2003 519 00:30:21.067 --> 00:30:27.000 and everybody would probably want to know why that I chose 520 00:30:27.000 --> 00:30:31.000 the Superfund site and there are several reasons that 521 00:30:31.000 --> 00:30:36.000 all potential buyers that want to renovate these property should know. 522 00:30:36.000 --> 00:30:41.067 One, first of all, most counties are so excited about you help them 523 00:30:41.067 --> 00:30:46.067 get rid of this contamination that they will offer you discounts on 524 00:30:46.067 --> 00:30:51.067 your taxes as we got for the first five years 525 00:30:51.067 --> 00:30:57.067 of owning the property. Also they waived impact fee for 526 00:30:57.067 --> 00:31:02.067 about the first three or for properties that we sold and 527 00:31:02.067 --> 00:31:08.067 saved us literally thousands of dollars, $50.000 528 00:31:08.067 --> 00:31:14.067 total $60.000 on impact fee and we were able to pass the savings 529 00:31:14.067 --> 00:31:22.067 onto the purchasers and we also got expedited approvals 530 00:31:22.067 --> 00:31:24.000 from the county for people to get their plans approved and submitted 531 00:31:24.000 --> 00:31:29.000 and get a permit a little quicker than if you were not buying from 532 00:31:29.000 --> 00:31:31.000 the site. 533 00:31:31.000 --> 00:31:34.000 And we got a lot of free advertising. 534 00:31:34.000 --> 00:31:40.000 EPA awarded us the Superfund award down the road once we got started 535 00:31:40.000 --> 00:31:43.067 and we had a big meeting and shindig out there on 536 00:31:43.067 --> 00:31:49.067 the property on the site with the news reporters and the local TV 537 00:31:49.067 --> 00:31:54.067 channel and so you got a lot of free marketing, so 538 00:31:54.067 --> 00:31:59.067 to speak for buying the Superfund site. That was also a 539 00:31:59.067 --> 00:32:06.067 very nice perk that we were not aware of when we bought the property. 540 00:32:06.067 --> 00:32:11.067 Then, you also last but not least got a very good price in purchasing 541 00:32:11.067 --> 00:32:16.067 a Superfund site. 542 00:32:16.067 --> 00:32:21.067 The real estate was discounted way more than if it had been a non-Superfund 543 00:32:21.067 --> 00:32:25.000 site. And I think really the icing on the cake was working with the 544 00:32:25.000 --> 00:32:30.000 EPA and working with people like Bill Denman and 545 00:32:30.000 --> 00:32:35.000 Kat West because they were so knowledgeable and helpful and it wasn't just words 546 00:32:35.000 --> 00:32:38.000 that they told you before you bought it it was follow-up and paperwork 547 00:32:38.000 --> 00:32:45.000 that they provided for us after we purchased the property. They 548 00:32:45.000 --> 00:32:53.000 also asked if we have certain guidelines that 549 00:32:53.000 --> 00:32:55.000 we told the new purchaser like no heavy industry and the disposal 550 00:32:55.000 --> 00:33:00.000 of the contamination in the soil and a lot of things like the vapor 551 00:33:00.000 --> 00:33:04.000 and things like that that we were required 552 00:33:04.000 --> 00:33:07.000 when they did build and that we were required when they were doing 553 00:33:07.000 --> 00:33:11.000 their business and we still check on that from time to time to make 554 00:33:11.000 --> 00:33:16.000 sure there is not a gas tank leaking or anything on the property that 555 00:33:16.000 --> 00:33:22.000 would be adverse to what our clean it -- 556 00:33:22.000 --> 00:33:26.934 up program was about. That being said, why did I choose this 557 00:33:26.934 --> 00:33:32.934 site I happened upon it and how did I choose the 558 00:33:32.934 --> 00:33:36.934 Superfund site? I was looking for a good deal on some 559 00:33:36.934 --> 00:33:43.000 real estate and am I glad that I did choose a Superfund site? 560 00:33:43.000 --> 00:33:48.000 I certainly was and I never regretted it. I was never 561 00:33:48.000 --> 00:33:51.000 sorry to close on the property. 562 00:33:51.000 --> 00:33:55.000 I'm almost finished with the development of it and I've got 563 00:33:55.000 --> 00:34:01.000 one more -- all the lots are sold building a building on 564 00:34:01.000 --> 00:34:06.000 one of the lots and I've got two more under construction and 565 00:34:06.000 --> 00:34:14.000 within the next 18 months the entire industrial park can be completed. 566 00:34:14.000 --> 00:34:19.000 So that being said, would I do anything differently? I think 567 00:34:19.000 --> 00:34:23.934 I would probably just not -- I would do what they call mitigate 568 00:34:23.934 --> 00:34:29.934 wetland, a lot of wetland on the property which had nothing to 569 00:34:29.934 --> 00:34:32.934 do with the contamination but had to do with the way Florida likes 570 00:34:32.934 --> 00:34:38.934 to preserve their natural habitats for 571 00:34:38.934 --> 00:34:45.000 eco-life and I could mitigate those. 572 00:34:45.000 --> 00:34:49.000 I would have had more land to probably use for development. 573 00:34:49.000 --> 00:34:54.000 Other than that, there is nothing that EPA did that I regretted and 574 00:34:54.000 --> 00:35:00.000 Martin County was also helpful. 575 00:35:00.000 --> 00:35:05.000 I think that is pretty much everything I have to say. It was 576 00:35:05.000 --> 00:35:09.000 a really good experience and I would highly recommend anybody else 577 00:35:09.000 --> 00:35:15.000 that had any kind of doubts about purchasing a 578 00:35:15.000 --> 00:35:19.000 Superfund site and I would say, do not worry one bit and go ahead 579 00:35:19.000 --> 00:35:24.000 and purchase it and redevelop it 580 00:35:24.000 --> 00:35:26.000 and I think you will be glad you did and you're welcome to call me, 581 00:35:26.000 --> 00:35:28.000 any time. 582 00:35:28.000 --> 00:35:33.000 >> Thank you. That was so nice of you to offer that and I have 583 00:35:33.000 --> 00:35:38.000 to say, first of all, Janet was fantastic to work with. 584 00:35:38.000 --> 00:35:42.067 You always called us back and you always were interested 585 00:35:42.067 --> 00:35:46.067 in trying to really understand where we were coming from. Sometimes 586 00:35:46.067 --> 00:35:51.067 and I know it's easy for us to paint a gray 587 00:35:51.067 --> 00:35:55.067 -- great picture and sometimes we would have to work through things 588 00:35:55.067 --> 00:35:59.067 that would come up and you are so understanding and cooperative 589 00:35:59.067 --> 00:36:03.067 and understanding our position as well 590 00:36:03.067 --> 00:36:07.067 and what we had to do to try to understand what your position was. 591 00:36:07.067 --> 00:36:11.067 Being able to meet in the middle was great. To give you 592 00:36:11.067 --> 00:36:17.067 a few examples, we had monitoring wells already on the property and 593 00:36:17.067 --> 00:36:22.067 as you can see from the picture, the building was in the middle of 594 00:36:22.067 --> 00:36:24.000 the property and when Janet decided that I cannot 595 00:36:24.000 --> 00:36:29.000 reuse the building and I will have to tear it down and I want to build 596 00:36:29.000 --> 00:36:32.000 a road and have a cul-de-sac and parceled the properties off, she 597 00:36:32.000 --> 00:36:37.000 designed the road to be in the cul-de-sac turn 598 00:36:37.000 --> 00:36:40.000 part to be over the area of greatest contaminated groundwater and she 599 00:36:40.000 --> 00:36:46.067 designed the lot lines for the parcels to the extent that she could to 600 00:36:46.067 --> 00:36:50.067 align where the monitoring clusters were. We wound up relocating one 601 00:36:50.067 --> 00:36:55.067 well that would have been right at the center of one building but 602 00:36:55.067 --> 00:36:58.067 we probably had 30 wells out there. 603 00:36:58.067 --> 00:37:01.067 And with her we were able to have those 604 00:37:01.067 --> 00:37:07.067 within the lot lines between the different parcels and that was really 605 00:37:07.067 --> 00:37:11.067 a big deal for us because I'm sure a lot of 606 00:37:11.067 --> 00:37:15.067 people on the phone today are environmental professionals and know how important 607 00:37:15.067 --> 00:37:21.067 it is to have data for monitoring wells so you 608 00:37:21.067 --> 00:37:24.000 can establish trends and look at how things are happening over time 609 00:37:24.000 --> 00:37:28.000 so we really appreciated that and that really helped minimize the 610 00:37:28.000 --> 00:37:32.000 impact and we worked through things like 611 00:37:32.000 --> 00:37:37.000 when we did our first monitoring well sampling round, we delivered 612 00:37:37.000 --> 00:37:40.000 a bunch of drums that were put out right in 613 00:37:40.000 --> 00:37:45.067 your cul-de-sac and as you are trying to sell the building you called 614 00:37:45.067 --> 00:37:50.067 us and asked if we had to put them there and we move them back 615 00:37:50.067 --> 00:37:55.067 -- no one wants to drive in and see the 40 616 00:37:55.067 --> 00:37:58.067 empty drums. 617 00:37:58.067 --> 00:38:02.067 So we really tried to work with you and you are certainly great 618 00:38:02.067 --> 00:38:06.067 to work with us. I think that was key in this being so successful. 619 00:38:06.067 --> 00:38:12.067 As Said -- I'm sorry 620 00:38:12.067 --> 00:38:14.067 -- 621 00:38:14.067 --> 00:38:19.067 >> I felt like we had out like a land planner and engineer that we 622 00:38:19.067 --> 00:38:24.000 had to do this and I think he was also sensitive to 623 00:38:24.000 --> 00:38:29.000 redeveloping super funds and being green to the community 624 00:38:29.000 --> 00:38:35.000 and the one building that you see that is sitting down there now 625 00:38:35.000 --> 00:38:37.000 is the building that I'm constructing at this time a 23.000 626 00:38:37.000 --> 00:38:43.067 ft.² building and we should employ anywhere from 15 tut-tut 627 00:38:43.067 --> 00:38:50.067 25 people and I believe the park total will have 628 00:38:50.067 --> 00:38:53.067 close to 100 people working there so we did like the idea that we 629 00:38:53.067 --> 00:38:55.067 would be creating new jobs as well. 630 00:38:55.067 --> 00:38:59.067 >> That is fantastic. As we clean up the properties, we have to look 631 00:38:59.067 --> 00:39:04.067 at what the future use can be so that they can be put back into 632 00:39:04.067 --> 00:39:08.067 productive use to help out the community and help out the local government 633 00:39:08.067 --> 00:39:15.067 and this property was such a success in increasing the taxable amount 634 00:39:15.067 --> 00:39:21.067 that the county would receive from it that the newspaper did an article 635 00:39:21.067 --> 00:39:27.000 on its and the title of the article, another 636 00:39:27.000 --> 00:39:30.000 site was being redeveloped in Martin County so there were two Superfund 637 00:39:30.000 --> 00:39:35.000 sites and the title of the article was Superfund sites boom to market 638 00:39:35.000 --> 00:39:39.000 County -- Martin County and the article talked 639 00:39:39.000 --> 00:39:45.067 about how the appraised value of this property which was 640 00:39:45.067 --> 00:39:49.067 265.000 and even at this time 641 00:39:49.067 --> 00:39:54.067 back in 2006 the appraised value have been raised. Maybe not great 642 00:39:54.067 --> 00:40:00.067 news to you but -- because your taxable value is higher 643 00:40:00.067 --> 00:40:04.067 but certainly for the county, it was a property that they had had 644 00:40:04.067 --> 00:40:08.067 to respond to calls on with bad things happening there 645 00:40:08.067 --> 00:40:10.067 and trying to keep it safe for the people who live around there but 646 00:40:10.067 --> 00:40:15.067 also were not collecting revenue from it that they could use to 647 00:40:15.067 --> 00:40:18.067 pay for county services 648 00:40:18.067 --> 00:40:21.067 >> That is absolutely correct. 649 00:40:21.067 --> 00:40:25.000 >> And I know 650 00:40:25.000 --> 00:40:28.000 Janet mentioned one of the other benefits of redeveloping the site 651 00:40:28.000 --> 00:40:33.000 for any of you that worked in Florida that you know things like to grow 652 00:40:33.000 --> 00:40:37.000 there. If I ever see land where nothing is growing it's always a 653 00:40:37.000 --> 00:40:41.067 concern. And at this point it had not been -- it 654 00:40:41.067 --> 00:40:48.067 had been left vacant for so long and it was loaded with invasive 655 00:40:48.067 --> 00:40:53.067 plants and the plan that the county had to approve, she had to take 656 00:40:53.067 --> 00:40:59.067 out all of the invasive plants and she had to include a certain 657 00:40:59.067 --> 00:41:01.067 buffer of native Florida plants. It really 658 00:41:01.067 --> 00:41:06.067 improve the environment there as far as even though its buildings 659 00:41:06.067 --> 00:41:11.067 and roads it is also has Florida plants 660 00:41:11.067 --> 00:41:13.067 instead of the invasive plants. 661 00:41:13.067 --> 00:41:16.067 >> Good point. 662 00:41:16.067 --> 00:41:21.067 >> Looking at takeaways and 663 00:41:21.067 --> 00:41:25.000 Janet, feel free to jump in and add any information on this but 664 00:41:25.000 --> 00:41:31.000 over communication was good. We talked a lot 665 00:41:31.000 --> 00:41:35.000 and when anything came up good or bad or whatever I made sure 666 00:41:35.000 --> 00:41:39.000 that we talked to each other about it 667 00:41:39.000 --> 00:41:43.067 and kept a working relationship either going down there and meeting 668 00:41:43.067 --> 00:41:47.067 or talking on the phone and doing whatever we needed to do to 669 00:41:47.067 --> 00:41:52.067 help resolve in creating synergies between cleanup and reuse with the 670 00:41:52.067 --> 00:41:55.067 huge benefit. 671 00:41:55.067 --> 00:41:59.067 Janet, I think he originally looked at repurpose in 672 00:41:59.067 --> 00:42:03.067 the building briefly and when he decided not to, you let us know 673 00:42:03.067 --> 00:42:06.067 that you are tearing it down and it allowed us to move forward and 674 00:42:06.067 --> 00:42:09.067 get the funding available so when he tore the building down which 675 00:42:09.067 --> 00:42:12.067 you did at your expense, we were there to excavate the soil with 676 00:42:12.067 --> 00:42:16.067 the PA funds underneath the building that have low level contamination 677 00:42:16.067 --> 00:42:22.067 and it that was not a direct contact rep but 678 00:42:22.067 --> 00:42:26.000 a potential exposure to groundwater threat. 679 00:42:26.000 --> 00:42:31.000 We were able to do that. Maximizing -- 680 00:42:31.000 --> 00:42:36.000 >> And you did it in an expeditious manner. It wasn't 681 00:42:36.000 --> 00:42:40.000 like you held our development and you are 682 00:42:40.000 --> 00:42:43.000 always right there at the perfect timing so we could move forward 683 00:42:43.000 --> 00:42:47.000 and not lose a lot of time into in our development. 684 00:42:47.000 --> 00:42:51.000 >> That's an excellent point. I 685 00:42:51.000 --> 00:42:54.000 have been involved in redevelopment of a lot of sites and I have seen 686 00:42:54.000 --> 00:42:56.000 situations where ditches were filled in and then they -- they were cleaned 687 00:42:56.000 --> 00:43:01.000 out and immediately months later they were filled in and 688 00:43:01.000 --> 00:43:06.000 maybe excavated areas were filled in and the soil was compacted and 689 00:43:06.000 --> 00:43:12.000 the developer came in and had to pull the soil 690 00:43:12.000 --> 00:43:16.000 wreak compact the soil and we tried to 691 00:43:16.000 --> 00:43:22.000 work together to keep things moving forward and 692 00:43:22.000 --> 00:43:30.934 I appreciate you saying that. 693 00:43:30.934 --> 00:43:32.934 And is any of you out there in the government know that is not 694 00:43:32.934 --> 00:43:35.934 always easy because it's not like we necessarily have funds available 695 00:43:35.934 --> 00:43:38.934 to go in at any time because you have to have the funds in the plans 696 00:43:38.934 --> 00:43:44.000 and the contractor. By communicating we were able to do that. 697 00:43:44.000 --> 00:43:47.000 >> We have great communication and 698 00:43:47.000 --> 00:43:52.000 you are always down here checking out anything we were concerned about 699 00:43:52.000 --> 00:43:55.000 and I understand in any kind of 700 00:43:55.000 --> 00:44:00.000 a government situation that the red tape and bureaucracy paperwork 701 00:44:00.000 --> 00:44:05.000 takes time and does tend to sometimes get extensive. Can be frustrating 702 00:44:05.000 --> 00:44:09.000 for those of us that owner and business but I did not see that 703 00:44:09.000 --> 00:44:12.000 with you guys in your department. 704 00:44:12.000 --> 00:44:16.000 >> Thank you, I really appreciate that. We worked 705 00:44:16.000 --> 00:44:19.000 hard to try to keep things going. 706 00:44:19.000 --> 00:44:26.934 I think communicating, we talked a lot with the county as well 707 00:44:26.934 --> 00:44:29.934 and part of the remedy was we extended the water lines to surrounding communities 708 00:44:29.934 --> 00:44:34.934 so people could go off wells and go on a public water and people 709 00:44:34.934 --> 00:44:39.934 saw it as an overall -- even though that was an EPA 710 00:44:39.934 --> 00:44:42.000 part of the cleanup they saw all this happening and the property 711 00:44:42.000 --> 00:44:48.000 being put back into been cleared and people having jobs and 712 00:44:48.000 --> 00:44:55.000 taken care of as an overall benefit. I have not been down there in 713 00:44:55.000 --> 00:44:58.000 a while but I understand there's a lot of development that has happened 714 00:44:58.000 --> 00:45:00.000 on other pieces of property. 715 00:45:00.000 --> 00:45:04.000 >> There absolutely has and I know earlier when you mentioned middle 716 00:45:04.000 --> 00:45:10.000 to lower socioeconomic development in that area, 717 00:45:10.000 --> 00:45:16.000 I think the whole area, not just because of us but because 718 00:45:16.000 --> 00:45:19.000 it has been encouraged and because of other development year-round 719 00:45:19.000 --> 00:45:25.000 on the site it has raised the actual level to middle to upper class 720 00:45:25.000 --> 00:45:28.000 socioeconomic living. 721 00:45:28.000 --> 00:45:32.000 >> That's good because one 722 00:45:32.000 --> 00:45:36.000 of the issues at the time was a lot of people were on wells because 723 00:45:36.000 --> 00:45:42.067 that was the older part of Port Salerno. As the county grew, 724 00:45:42.067 --> 00:45:45.067 the areas that were growing, the new areas 725 00:45:45.067 --> 00:45:50.067 where the once got public water and this was an area that the county 726 00:45:50.067 --> 00:45:54.067 had been looking and trying to come back in and extend public water 727 00:45:54.067 --> 00:45:59.067 to soak the overall cleanup plan helps with that 728 00:45:59.067 --> 00:46:05.067 in Martin County was fantastic to work with. 729 00:46:05.067 --> 00:46:07.067 They used what we did and more than doubled it using County funds 730 00:46:07.067 --> 00:46:12.067 to make sure everybody would have access to public water. 731 00:46:12.067 --> 00:46:16.067 That was a great experience working with them as well. 732 00:46:16.067 --> 00:46:21.067 >> They have definitely improved 733 00:46:21.067 --> 00:46:24.000 and it improve the neighborhood and it definitely appreciated it 734 00:46:24.000 --> 00:46:27.000 after that. 735 00:46:27.000 --> 00:46:33.000 >> I think they needed it. 736 00:46:33.000 --> 00:46:36.000 And being a good problem solver I think any redevelopment project 737 00:46:36.000 --> 00:46:40.000 like this is a leap of faith for Janet and people like Janet who 738 00:46:40.000 --> 00:46:45.067 are putting their money on the line and their investment on the line 739 00:46:45.067 --> 00:46:49.067 and a leap of faith for us because we are working with somebody 740 00:46:49.067 --> 00:46:53.067 and a lot of times it's not what EPA is used to doing but being a 741 00:46:53.067 --> 00:46:57.067 problem solver and trying to address issues as they come up and 742 00:46:57.067 --> 00:47:00.067 put them out there and don't hold them back because they get worse 743 00:47:00.067 --> 00:47:06.067 if you don't bring them up and try to figure out how to solve them. 744 00:47:06.067 --> 00:47:10.067 And utilizing the available tools, we will talk about that but there 745 00:47:10.067 --> 00:47:18.067 was a tremendous array of will -- of rules that have been developed 746 00:47:18.067 --> 00:47:19.067 and I believe that's the next topic. 747 00:47:19.067 --> 00:47:23.067 Did you have anything else he wanted to mention? 748 00:47:23.067 --> 00:47:28.000 >> No. I'm good and I enjoined -- I enjoyed the webinar 749 00:47:28.000 --> 00:47:33.000 very much and I may have to disconnect but I want to let you 750 00:47:33.000 --> 00:47:35.000 know, thank you so much for including me. 751 00:47:35.000 --> 00:47:41.067 >> Thank you so much for participating and I hope that 752 00:47:41.067 --> 00:47:43.067 it has been beneficial for everyone to have 753 00:47:43.067 --> 00:47:46.067 the real-world developer there and we talk about how great we think 754 00:47:46.067 --> 00:47:51.067 it is but you're the one that thought about and saw it through. And one 755 00:47:51.067 --> 00:47:56.067 other thing I want to mention, every time I met you there 756 00:47:56.067 --> 00:47:59.067 you were picking up things around and it's a 20 acre piece of property 757 00:47:59.067 --> 00:48:04.067 and she is in the corner picking up a bag that had flown off the 758 00:48:04.067 --> 00:48:06.067 road. 759 00:48:06.067 --> 00:48:10.067 You have that property looking great every time we were down there. 760 00:48:10.067 --> 00:48:13.067 Definitely a good steward in many ways. 761 00:48:13.067 --> 00:48:16.067 >> I'm still doing that too. 762 00:48:16.067 --> 00:48:18.067 >> I'm not surprised. 763 00:48:18.067 --> 00:48:24.000 I guess maybe if it's okay with the speakers 764 00:48:24.000 --> 00:48:27.000 if Janet has to jump off, would it be a good time now to see if 765 00:48:27.000 --> 00:48:32.000 anybody had questions for her before she has to leave us? 766 00:48:32.000 --> 00:48:41.067 >> I'm going to jump in here. 767 00:48:41.067 --> 00:48:45.067 There was a question that came in for Janet. 768 00:48:45.067 --> 00:48:47.067 People were interested in the mechanics of who she bought the 769 00:48:47.067 --> 00:48:50.067 property from. 770 00:48:50.067 --> 00:48:54.067 >> I actually bought the property 771 00:48:54.067 --> 00:48:59.067 from Solectron microwave, the company that owned it at that time but they 772 00:48:59.067 --> 00:49:05.067 were under strict scrutiny with EPA and Florida Department of Environmental 773 00:49:05.067 --> 00:49:08.067 Protection and were being forced into doing certain things and I 774 00:49:08.067 --> 00:49:13.067 guess they did not want to spend the money. 775 00:49:13.067 --> 00:49:19.067 >> And Tad to that, what we were doing 776 00:49:19.067 --> 00:49:22.067 was EPA had a lien against the property and as the 777 00:49:22.067 --> 00:49:26.000 transaction happened, EPA received the 778 00:49:26.000 --> 00:49:32.000 funds from the sale to help offset some of the liability., 779 00:49:32.000 --> 00:49:36.000 Dear Amber anymore? 780 00:49:36.000 --> 00:49:43.067 >> I think the company was insolvent 781 00:49:43.067 --> 00:49:46.067 and had either gone through bankruptcy or was going through bankruptcy 782 00:49:46.067 --> 00:49:50.067 so their only asset was the property so through the property transaction 783 00:49:50.067 --> 00:49:56.067 that Janet was mentioning, we were able to have the funds 784 00:49:56.067 --> 00:50:00.067 come to EPA and 785 00:50:00.067 --> 00:50:05.067 apply that to the cleanup and it was a win-win for the redevelopment 786 00:50:05.067 --> 00:50:08.067 and for the community. 787 00:50:08.067 --> 00:50:13.067 >> And that is one thing that I was delighted about was that 788 00:50:13.067 --> 00:50:18.067 probably over $1 million went in from the EPA to 789 00:50:18.067 --> 00:50:23.067 the cleanup and I really did not have to spend 790 00:50:23.067 --> 00:50:29.000 too much money on the cleanup other than I think I spent 791 00:50:29.000 --> 00:50:35.000 $40.000 or $50.000 demolishing the building. 792 00:50:35.000 --> 00:50:41.067 >> And that is really the beauty 793 00:50:41.067 --> 00:50:42.067 of Superfund redevelopment. 794 00:50:42.067 --> 00:50:47.067 The read developer has the option to help with the cleanup and to 795 00:50:47.067 --> 00:50:52.067 expedite it and maybe take it to a different level if they 796 00:50:52.067 --> 00:50:55.067 want residential. 797 00:50:55.067 --> 00:50:57.067 But they don't have to do that under the liability protection but 798 00:50:57.067 --> 00:51:02.067 it's always a good partnership if we can identify 799 00:51:02.067 --> 00:51:06.067 it early in the cleanup and the synergies are amazing and often 800 00:51:06.067 --> 00:51:10.067 we can get faster, cheaper and really a better cleanup if were able 801 00:51:10.067 --> 00:51:13.067 to work with the read developer early 802 00:51:13.067 --> 00:51:16.067 >> Absolutely. 803 00:51:16.067 --> 00:51:24.000 >> Any other questions? 804 00:51:24.000 --> 00:51:29.000 >> I think in the interest of time we might have to move on to the 805 00:51:29.000 --> 00:51:35.000 next portion. Frank, are we ready to move on? 806 00:51:35.000 --> 00:51:38.000 >> Yes. 807 00:51:38.000 --> 00:51:44.067 The next segment is mine. 808 00:51:44.067 --> 00:51:47.067 My name is Phil Page and I'm an attorney in the office of 809 00:51:47.067 --> 00:51:51.067 site remediation and enforcement and EPA headquarters 810 00:51:51.067 --> 00:51:54.067 and I have been working on this sort of thing for about 15 years 811 00:51:54.067 --> 00:51:59.067 and have had a good fortune of working with most of the people on the phone 812 00:51:59.067 --> 00:52:04.067 and I think a few who are calling in. And also, 813 00:52:04.067 --> 00:52:10.067 Bill, in a prior life I was an FBI agent 814 00:52:10.067 --> 00:52:13.067 and I did find a body. 815 00:52:13.067 --> 00:52:18.067 >> So it wasn't too strange they were asking me that. 816 00:52:18.067 --> 00:52:22.067 >> From that site there probably should have been some, 817 00:52:22.067 --> 00:52:27.000 I don't know I want to talk a little bit about the PPI 818 00:52:27.000 --> 00:52:32.000 tool that was developed by Kat and Bill pursuant to this particular 819 00:52:32.000 --> 00:52:37.000 case and highlight where we are today 820 00:52:37.000 --> 00:52:43.000 because that was developed in 2002 and it was when -- it was the first 821 00:52:43.000 --> 00:52:47.000 systematic process to 822 00:52:47.000 --> 00:52:51.000 identify the issues with a site that needed to be redeveloped and 823 00:52:51.000 --> 00:52:56.000 the tool offers the prospective purchaser fast, accurate and comprehensive 824 00:52:56.000 --> 00:53:01.000 information to enable them as well as the EPA 825 00:53:01.000 --> 00:53:07.000 to make a decision as to how the site could be redeveloped. 826 00:53:07.000 --> 00:53:10.000 It is a one stop shopping for information and this is important 827 00:53:10.000 --> 00:53:15.000 not only for the prospective purchaser but as was mentioned 828 00:53:15.000 --> 00:53:23.000 several times in the previous dialogue, for rhe developers, 829 00:53:23.000 --> 00:53:27.934 time is money and they want to get something done quickly and accurately 830 00:53:27.934 --> 00:53:31.934 and as fast as they can but rhe developers need to understand that 831 00:53:31.934 --> 00:53:37.934 taking care of contamination takes time and 832 00:53:37.934 --> 00:53:43.000 takes thoughts and if they do it in a way that 833 00:53:43.000 --> 00:53:47.000 is haphazard and maybe causes more contamination than they themselves 834 00:53:47.000 --> 00:53:53.000 may be liable for that contamination. 835 00:53:53.000 --> 00:53:57.000 That's where the BFPP issue comes in. I will get to that in 836 00:53:57.000 --> 00:54:03.000 the second. The PPI tool developed by region for 837 00:54:03.000 --> 00:54:09.000 -- region 4 is used to streamline 838 00:54:09.000 --> 00:54:14.000 and the last point, it helps to inform the prospective 839 00:54:14.000 --> 00:54:19.000 purchasers of all of the revitalization tools available and there are a 840 00:54:19.000 --> 00:54:26.934 number of those and we will go over those later in this presentation. 841 00:54:26.934 --> 00:54:32.934 And I want to go over the region for 842 00:54:32.934 --> 00:54:37.934 -- region 4 tool. This was something 843 00:54:37.934 --> 00:54:42.000 new and so they were developing something basically out of nothing 844 00:54:42.000 --> 00:54:47.000 to deal with this new issue of redeveloping the Superfund sites. 845 00:54:47.000 --> 00:54:53.000 The basis for their tool is 846 00:54:53.000 --> 00:54:58.000 what is the site status and compatibility and that they are 847 00:54:58.000 --> 00:55:02.000 two issues that Bill will talk about in a little bit more detail in 848 00:55:02.000 --> 00:55:09.000 a few minutes. There is also liability protection and lein and 849 00:55:09.000 --> 00:55:14.000 title issues and I will touch base on those a little bit more 850 00:55:14.000 --> 00:55:17.000 also in the next few minutes. 851 00:55:17.000 --> 00:55:23.067 What I wanted to do was highlight how it works in region 4 and Bill 852 00:55:23.067 --> 00:55:27.000 and Kat, jump in if I get something wrong. Basically when 853 00:55:27.000 --> 00:55:33.000 a call comes in from a Janet MA 854 00:55:33.000 --> 00:55:37.000 called Bill or Kat or whomever is in those positions now 855 00:55:37.000 --> 00:55:43.067 and they Sam interested in the site, what do I need to know? 856 00:55:43.067 --> 00:55:49.067 Region 4 assembles a team consisting of 857 00:55:49.067 --> 00:55:54.067 SRI coordinator, Superfund site attorney, 858 00:55:54.067 --> 00:56:00.067 remedial project manager which is what Bill was and Kat was the 859 00:56:00.067 --> 00:56:03.067 site attorney and potentially other people who 860 00:56:03.067 --> 00:56:07.067 may need to be involved with that often and Superfund cases there's 861 00:56:07.067 --> 00:56:12.067 a community involvement coordinator and you have to bring that person 862 00:56:12.067 --> 00:56:17.067 in and there may be other folks, environmental justice coordinators 863 00:56:17.067 --> 00:56:23.067 and bring them in too but the region 4 864 00:56:23.067 --> 00:56:28.000 developed a team and this team would get on the phone or meet with 865 00:56:28.000 --> 00:56:32.000 the developer, the Janet's of 866 00:56:32.000 --> 00:56:37.000 the world, and talk to him or her about the site. The first issue 867 00:56:37.000 --> 00:56:42.067 that they talked about was the site status. 868 00:56:42.067 --> 00:56:47.067 What's the nature of the contamination? 869 00:56:47.067 --> 00:56:51.067 Where is the contamination? How far along is the cleanup? All of 870 00:56:51.067 --> 00:56:56.067 those things which they need to know, they 871 00:56:56.067 --> 00:57:01.067 being EPA and as far as the read developer needs to know. The PPI 872 00:57:01.067 --> 00:57:07.067 tool is a great tool to provide information for both sides. 873 00:57:07.067 --> 00:57:11.067 They discussed that in the second issue in a discussion 874 00:57:11.067 --> 00:57:15.067 would be, what the proposed use would be. 875 00:57:15.067 --> 00:57:21.067 In the Solitron case the proposed use was not for residential use. 876 00:57:21.067 --> 00:57:27.000 It was for business use and industrial use. 877 00:57:27.000 --> 00:57:31.000 That is part of the site assessment and they 878 00:57:31.000 --> 00:57:35.000 have to decide what the future anticipated use of the site is going to be 879 00:57:35.000 --> 00:57:40.000 and there's a lot that goes into that decision-making process. Not 880 00:57:40.000 --> 00:57:46.067 only within EPA but also within the community. 881 00:57:46.067 --> 00:57:51.067 The county or the city where the site is located. Those folks need 882 00:57:51.067 --> 00:57:57.067 to be involved here is the site and 883 00:57:57.067 --> 00:58:00.067 is their groundwater issue or whatever it 884 00:58:00.067 --> 00:58:06.067 is and the community makes the decision, we are only going to use 885 00:58:06.067 --> 00:58:12.067 this for business or industrial or whatever it may be. 886 00:58:12.067 --> 00:58:17.067 The second issue is, what their proposed use is and 887 00:58:17.067 --> 00:58:23.067 that was discussed pretty extensively in the 888 00:58:23.067 --> 00:58:26.000 last conversation. 889 00:58:26.000 --> 00:58:29.000 The third issue and this is when I will talk about a little bit more 890 00:58:29.000 --> 00:58:32.000 later is the liability protections. 891 00:58:32.000 --> 00:58:37.000 There is a series of liability protections 892 00:58:37.000 --> 00:58:44.067 that Mentioned in the Brownfield amendment of 893 00:58:44.067 --> 00:58:48.067 2002 when we still called mend the amendments even though it's been 894 00:58:48.067 --> 00:58:52.067 around for 17 years now but in the Brownfield amendment of 2002 they 895 00:58:52.067 --> 00:58:58.067 established the BFPP protection. 896 00:58:58.067 --> 00:59:03.067 But there are certain criteria that bona fide 897 00:59:03.067 --> 00:59:07.067 prospective purchasers Mitch -- must me to get liability protection 898 00:59:07.067 --> 00:59:13.067 and what it means here and this is very critical that the BFPP cannot 899 00:59:13.067 --> 00:59:19.067 be sued for cleanup or cost recovery 900 00:59:19.067 --> 00:59:24.000 by either the EPA or and perhaps more importantly third 901 00:59:24.000 --> 00:59:27.000 parties. 902 00:59:27.000 --> 00:59:29.000 That is very important. 903 00:59:29.000 --> 00:59:34.000 A lot of times developers will come in and they 904 00:59:34.000 --> 00:59:38.000 really do trust the EPA not to see them that they can't trust other 905 00:59:38.000 --> 00:59:43.067 potentially responsible parties or PR piece at a site 906 00:59:43.067 --> 00:59:48.067 so by complying with the Brownfield provision -- I mean the BFPP provisions 907 00:59:48.067 --> 00:59:54.067 they give some liability protection. And there's the issue 908 00:59:54.067 --> 00:59:56.067 of liens. 909 00:59:56.067 --> 01:00:00.067 There are a couple different liens and I will go over this in more 910 01:00:00.067 --> 01:00:04.067 detail later but there is the lien that Bill mentioned in the last 911 01:00:04.067 --> 01:00:10.067 session and that is the section of 912 01:00:10.067 --> 01:00:16.067 -- basically the lien for money. It is 913 01:00:16.067 --> 01:00:21.067 like a lien that a carpenter would have on a house to get paid for 914 01:00:21.067 --> 01:00:26.000 that when we cleanup something that we can put a lien on it. 915 01:00:26.000 --> 01:00:30.000 And there is a different type of lien that also came about as 916 01:00:30.000 --> 01:00:36.000 a result of the Brownfield amendment called the windfall lien 917 01:00:36.000 --> 01:00:43.067 and we will touch base with that a little bit more in the second. 918 01:00:43.067 --> 01:00:48.067 So the purpose again for the PPI and again, this is such a great 919 01:00:48.067 --> 01:00:54.067 tool that was developed to that it provides timely information 920 01:00:54.067 --> 01:00:59.067 so that both sides, EPA and the read developer can make 921 01:00:59.067 --> 01:01:05.067 an informed business decision as to what is needed 922 01:01:05.067 --> 01:01:11.067 to be accomplished at the site in order to make it a viable marketable 923 01:01:11.067 --> 01:01:14.067 cleaned up Superfund site. 924 01:01:14.067 --> 01:01:20.067 It's very important tool and it is also the tool 925 01:01:20.067 --> 01:01:26.000 that provided the platform for a nationwide PPI tool. 926 01:01:26.000 --> 01:01:32.000 Two years ago in 2017. the administrator established a 927 01:01:32.000 --> 01:01:37.000 Superfund task force and the task force was identified 928 01:01:37.000 --> 01:01:43.067 and charged with identifying ways to speed up the cleanup of the 929 01:01:43.067 --> 01:01:45.067 Superfund sites. 930 01:01:45.067 --> 01:01:51.067 One of those suggestions was to develop a way to get the site 931 01:01:51.067 --> 01:01:58.067 from the initial contact from a read developer to the EPA 932 01:01:58.067 --> 01:02:03.067 and in this case from Janet to Bill to clean up in the 933 01:02:03.067 --> 01:02:08.067 quickest time possible and so we took the re--- 934 01:02:08.067 --> 01:02:14.067 region 4 PPI tool and enhanced it and 935 01:02:14.067 --> 01:02:20.067 developed a few more lines of questions based on 936 01:02:20.067 --> 01:02:26.000 20 years of experience. And we have developed that tool and 937 01:02:26.000 --> 01:02:32.000 it is now out there in the regions and is 938 01:02:32.000 --> 01:02:37.000 an internal tool for the use of the regions but 939 01:02:37.000 --> 01:02:41.000 the purpose is still the same, to help inform the regions as well 940 01:02:41.000 --> 01:02:45.000 as developers as to the condition of the site and 941 01:02:45.000 --> 01:02:49.000 what needs to be done to give that site -- get 942 01:02:49.000 --> 01:02:52.000 that fighting to protect every use. 943 01:02:52.000 --> 01:02:55.000 The core of the inquiry tool is a series 944 01:02:55.000 --> 01:03:00.000 of suggested discussion topics to guide EPA regions in the 945 01:03:00.000 --> 01:03:06.000 information necessary to move the site into reuse and productive reuse. 946 01:03:06.000 --> 01:03:12.000 And again, hats off to region 947 01:03:12.000 --> 01:03:18.000 4 for thinking outside the box, 17 or 18 years ago 948 01:03:18.000 --> 01:03:23.000 and providing the platform for national tool that is used today 949 01:03:23.000 --> 01:03:25.934 by all of the regions. 950 01:03:25.934 --> 01:03:29.934 With that, I will turn it back over to Bill who will give 951 01:03:29.934 --> 01:03:35.934 more information on the site status and compatibility concepts used 952 01:03:35.934 --> 01:03:38.934 in the PPI process. 953 01:03:38.934 --> 01:03:43.000 >> That was a great discussion about the PPI tool 954 01:03:43.000 --> 01:03:48.000 and it really warms my heart to see it described as someone else 955 01:03:48.000 --> 01:03:54.000 because Kat and I talked about it for years and I'm so happy that 956 01:03:54.000 --> 01:03:56.000 it has continued on. 957 01:03:56.000 --> 01:04:00.000 We talk about time being many for developers and I heard it put 958 01:04:00.000 --> 01:04:03.000 another way by developer and he said time is 959 01:04:03.000 --> 01:04:08.000 the killer of all deals and I think that is really true when we look 960 01:04:08.000 --> 01:04:13.000 at but this helps us get back with 961 01:04:13.000 --> 01:04:18.000 them on a timely basis and the internal schedule for one of these when 962 01:04:18.000 --> 01:04:22.000 someone got a call was within five days assembled the team 963 01:04:22.000 --> 01:04:27.934 and within two weeks have a comfort letter out. That was 964 01:04:27.934 --> 01:04:38.934 really good information for people to be able to make that decision. 965 01:04:38.934 --> 01:04:42.000 I'm going to talk about the first two which is the current 966 01:04:42.000 --> 01:04:47.000 status of the site and compatibility. 967 01:04:47.000 --> 01:04:51.000 The first two things we talked about was the site status and we have 968 01:04:51.000 --> 01:04:55.000 the Superfund project manager talk about we have a record 969 01:04:55.000 --> 01:05:00.000 of decision and are moving forward for design we should implement 970 01:05:00.000 --> 01:05:03.000 it in one or two years. 971 01:05:03.000 --> 01:05:07.000 Even if we did not have a record we would say, this 972 01:05:07.000 --> 01:05:14.000 is primarily groundwater contamination and there is a small area where 973 01:05:14.000 --> 01:05:18.000 there is soil contamination and we will have to excavate that but 974 01:05:18.000 --> 01:05:23.067 this area cannot be redeveloped but a lot of times he may have a 975 01:05:23.067 --> 01:05:28.000 100 acre piece of property and only 976 01:05:28.000 --> 01:05:32.000 10 acres of an area that is being addressed and 977 01:05:32.000 --> 01:05:37.000 a lot of times the development can start another part of the property. 978 01:05:37.000 --> 01:05:39.000 Having that initial discussion on the current status 979 01:05:39.000 --> 01:05:44.067 of the site provided the developer the information 980 01:05:44.067 --> 01:05:48.067 as well is looking at starting something right now or is a long-term 981 01:05:48.067 --> 01:05:53.067 investment or what is my timeframe so that I can make that business 982 01:05:53.067 --> 01:05:58.067 decision over whether the property is a good deal. The second issue 983 01:05:58.067 --> 01:06:02.067 we talk about is what they plan to do with the property 984 01:06:02.067 --> 01:06:06.067 and this is where we say can you tell us more about what your plans 985 01:06:06.067 --> 01:06:10.067 are and sometimes people are more forthcoming and sometimes it's 986 01:06:10.067 --> 01:06:15.067 business confidential and they don't want to share it but most 987 01:06:15.067 --> 01:06:19.067 times people tell us, I want to build an office park or I'm interested 988 01:06:19.067 --> 01:06:25.000 in this is the kind of development that I do 989 01:06:25.000 --> 01:06:31.000 and an example of how this really works 990 01:06:31.000 --> 01:06:34.000 and when we started doing this are real goal 991 01:06:34.000 --> 01:06:36.000 was not necessarily to redevelop properties but provide the information 992 01:06:36.000 --> 01:06:41.067 so people can make the decision on whether they want to move forward 993 01:06:41.067 --> 01:06:46.067 with purchasing the property. 994 01:06:46.067 --> 01:06:50.067 We found a successful PPI call was only 15 minutes and we talked about 995 01:06:50.067 --> 01:06:54.067 the first issues and when we 996 01:06:54.067 --> 01:06:57.067 got the compatibility we ask the caller, what are you planning to 997 01:06:57.067 --> 01:06:59.067 do with the property and this was the property that Janet later wound 998 01:06:59.067 --> 01:07:05.067 up purchasing for redevelopment. 999 01:07:05.067 --> 01:07:10.067 And he said I want to open a plant nursery. 1000 01:07:10.067 --> 01:07:14.067 That's my business and I need a big piece of land I can put my 1001 01:07:14.067 --> 01:07:18.067 plants, they are above ground and pots but the palm trees or the palm 1002 01:07:18.067 --> 01:07:24.000 plants grow and sell for people for landscaping. 1003 01:07:24.000 --> 01:07:26.000 I don't need to dig in the dirt. 1004 01:07:26.000 --> 01:07:30.000 Someone asked and they said how do you plan to water the plants? 1005 01:07:30.000 --> 01:07:35.000 I will sink a well and water them with groundwater and we said the 1006 01:07:35.000 --> 01:07:40.000 groundwater is contaminated and we don't have a good idea the extent 1007 01:07:40.000 --> 01:07:43.067 and withdrawing a large amount of water 1008 01:07:43.067 --> 01:07:50.067 from the Aquaphor could cause the groundwater flow past 1009 01:07:50.067 --> 01:07:53.067 or you could pull up contamination so we would have to restrict groundwater 1010 01:07:53.067 --> 01:07:58.067 use and he said thank you, you same to me 1011 01:07:58.067 --> 01:08:01.067 -- save me a lot of time and money. 1012 01:08:01.067 --> 01:08:05.067 It was successful because the person who is interested 1013 01:08:05.067 --> 01:08:10.067 in the property had the information and decided it will not work for 1014 01:08:10.067 --> 01:08:15.067 me. And so going through this discussion with 1015 01:08:15.067 --> 01:08:21.067 everybody in the room really helps bring out those kinds 1016 01:08:21.067 --> 01:08:24.000 of issues early so we don't invest a lot of time in something that 1017 01:08:24.000 --> 01:08:27.000 will not wind up working anyway. 1018 01:08:27.000 --> 01:08:32.000 And another thing I would point out, in 1019 01:08:32.000 --> 01:08:38.000 the PPI tool and in talking about these, we did hundreds of these. 1020 01:08:38.000 --> 01:08:43.067 Over 10 or 15 years that I did them we did them I'm certain over 1021 01:08:43.067 --> 01:08:48.067 200. Two or three a month on different pieces of property 1022 01:08:48.067 --> 01:08:52.067 with people interested in redeveloping or 1023 01:08:52.067 --> 01:08:56.067 an adjacent piece of property where the groundwater had migrated to 1024 01:08:56.067 --> 01:09:00.067 several different parcels and we have groundwater monitoring wells. 1025 01:09:00.067 --> 01:09:05.067 And they would want to talk 1026 01:09:05.067 --> 01:09:10.067 with us about what their potential liability would be. 1027 01:09:10.067 --> 01:09:14.067 We issued a ton of comfort levels and a lot of PPI calls understanding 1028 01:09:14.067 --> 01:09:18.067 where we are going with the cleanup and the potential for future 1029 01:09:18.067 --> 01:09:22.067 use and in my mind those were two of the most important things 1030 01:09:22.067 --> 01:09:27.000 but before we move forward into the next one 1031 01:09:27.000 --> 01:09:32.000 which is the BFPP liability protection which I will turn back over to Phil. 1032 01:09:32.000 --> 01:09:36.000 >> We talked about the BFPP 1033 01:09:36.000 --> 01:09:42.067 provision a couple different times but this is a provision enacted 1034 01:09:42.067 --> 01:09:46.067 in 2002 with the brownfield amendments. Congress 1035 01:09:46.067 --> 01:09:52.067 recognize that it is important to redevelop these contaminated 1036 01:09:52.067 --> 01:09:58.067 sites. Bill mentioned because of location and also the sites, 1037 01:09:58.067 --> 01:10:05.067 cities were not giving any tax revenue 1038 01:10:05.067 --> 01:10:08.067 and we recognized in the 90s that by redeveloping the sites we could 1039 01:10:08.067 --> 01:10:13.067 create jobs, permanent jobs and good jobs 1040 01:10:13.067 --> 01:10:18.067 and use a lot of the redevelopment in the cleanup process. 1041 01:10:18.067 --> 01:10:22.067 Congress paid attention and they enacted the bona fide 1042 01:10:22.067 --> 01:10:28.000 prospective purchaser provisions in the Superfund law. 1043 01:10:28.000 --> 01:10:37.000 And those provisions have certain criteria. 1044 01:10:37.000 --> 01:10:41.067 The first two criteria are threshold criteria. 1045 01:10:41.067 --> 01:10:47.067 These are things that have to be done before a purchaser can even 1046 01:10:47.067 --> 01:10:51.067 look at a site. You can have 1047 01:10:51.067 --> 01:10:57.067 a purchaser who is associated with the contaminated property 1048 01:10:57.067 --> 01:11:03.067 -- party or the PRP. We really look 1049 01:11:03.067 --> 01:11:12.067 at that and we have had sites where there have been spinoff companies 1050 01:11:12.067 --> 01:11:18.067 and try to purchase their own contaminated sites as part is the 1051 01:11:18.067 --> 01:11:23.067 B of PP -- BFPP. That doesn't mean 1052 01:11:23.067 --> 01:11:28.000 we cannot work around some of those but at least 1053 01:11:28.000 --> 01:11:31.000 as a BFPP, you cannot be affiliated. 1054 01:11:31.000 --> 01:11:34.000 The second thing is the all appropriate inquiry and this 1055 01:11:34.000 --> 01:11:40.000 is the basic historic due diligence on 1056 01:11:40.000 --> 01:11:45.067 steroids. And you have to understand what this property 1057 01:11:45.067 --> 01:11:49.067 is and have to understand if there is a sign 1058 01:11:49.067 --> 01:11:53.067 that says remedial cleanup by EPA and you probably ought 1059 01:11:53.067 --> 01:11:59.067 to call EPA and find out what the deal is. 1060 01:11:59.067 --> 01:12:04.067 And call the regions now we have the tool we can go through 1061 01:12:04.067 --> 01:12:12.067 and give you the history of the site. 1062 01:12:12.067 --> 01:12:15.067 This has to occur before the purchase so you can go in there and dispose 1063 01:12:15.067 --> 01:12:19.067 of something and say, I want the liability protection. That's number 1064 01:12:19.067 --> 01:12:20.067 three and purple. 1065 01:12:20.067 --> 01:12:26.000 That is a different threshold criteria but it's also a continuing 1066 01:12:26.000 --> 01:12:29.000 criteria. 1067 01:12:29.000 --> 01:12:35.000 The other five criteria are based on historic information 1068 01:12:35.000 --> 01:12:40.000 and work that we did in the 90s and Congress again 1069 01:12:40.000 --> 01:12:46.000 codified them into the law here they have to provide all the 1070 01:12:46.000 --> 01:12:50.000 legal notices and take reasonable steps to prevent releases and that's 1071 01:12:50.000 --> 01:12:54.000 a fairly important one. Provide access if the site 1072 01:12:54.000 --> 01:13:00.000 is still not totally cleaned up have to provide access 1073 01:13:00.000 --> 01:13:09.000 for the potentially responsible party 1074 01:13:09.000 --> 01:13:11.000 or if the EPA is claiming up and comply with institutional controls 1075 01:13:11.000 --> 01:13:15.000 and you cannot interfere with the cleanup or move a well or do those 1076 01:13:15.000 --> 01:13:19.000 sort of things. You have to comply with information requests from the 1077 01:13:19.000 --> 01:13:23.000 EPA. Those are statutory criteria and all of those 1078 01:13:23.000 --> 01:13:28.934 must be complied with in order to get 1079 01:13:28.934 --> 01:13:34.934 the liability protection. The interesting thing about the provision 1080 01:13:34.934 --> 01:13:36.934 is that it is self implementing. 1081 01:13:36.934 --> 01:13:43.000 If you go through the criteria and follow them, we, EPA may 1082 01:13:43.000 --> 01:13:50.000 not even know about the sale and purchase 1083 01:13:50.000 --> 01:13:52.000 of a contaminated property. Some properties are so contaminated that 1084 01:13:52.000 --> 01:13:58.000 we should know about them but theoretically if you comply 1085 01:13:58.000 --> 01:14:03.000 with all of these criteria, you are protected from liability 1086 01:14:03.000 --> 01:14:09.000 from either EPA or from third parties. 1087 01:14:09.000 --> 01:14:14.000 So that is the great thing about the 1088 01:14:14.000 --> 01:14:19.000 BFPP provisions. 1089 01:14:19.000 --> 01:14:24.934 I want to talk a little bit about windfall lien. 1090 01:14:24.934 --> 01:14:30.934 It provides for two different types of liens 1091 01:14:30.934 --> 01:14:34.934 the 107L and the Windows 7 R and the Windows 1092 01:14:34.934 --> 01:14:40.934 7 letter L -- 1093 01:14:40.934 --> 01:14:46.000 the 100 7L is one where we want to get our 1094 01:14:46.000 --> 01:14:48.000 money back. 1095 01:14:48.000 --> 01:14:53.000 And if we spend some money cleaning up a property 1096 01:14:53.000 --> 01:14:57.000 and it is significantly enhances the value of the property then we 1097 01:14:57.000 --> 01:15:03.000 can have a windfall lien to collect some of that difference between 1098 01:15:03.000 --> 01:15:07.000 the price of the property contaminated in the price 1099 01:15:07.000 --> 01:15:10.000 cleaned up using taxpayer funds. 1100 01:15:10.000 --> 01:15:16.000 We can provide a 107R 1101 01:15:16.000 --> 01:15:17.000 lien. 1102 01:15:17.000 --> 01:15:23.067 They don't happen very often and quite frankly we had guidance 1103 01:15:23.067 --> 01:15:28.000 out on it and so the windfall liens do not happen 1104 01:15:28.000 --> 01:15:34.000 very often and I just want to kind of assure folks that even if they 1105 01:15:34.000 --> 01:15:40.000 do happen, we can take care of them through some sort 1106 01:15:40.000 --> 01:15:45.067 of agreement and the last thing I want to mention 1107 01:15:45.067 --> 01:15:50.067 right now and this is a recent change to the Superfund law and 1108 01:15:50.067 --> 01:15:54.067 that is the build 1109 01:15:54.067 --> 01:15:58.067 act and the build act stands for better utilization of investment 1110 01:15:58.067 --> 01:16:04.067 leading to investment and Congress loves to have these 1111 01:16:04.067 --> 01:16:10.067 acronyms but the build act was fairly significant 1112 01:16:10.067 --> 01:16:16.067 and it was the First Amendment basically since the 1113 01:16:16.067 --> 01:16:19.067 2002 amendment and it removed the involuntary 1114 01:16:19.067 --> 01:16:23.067 requirements for liability protection for local and state government and 1115 01:16:23.067 --> 01:16:29.000 there was a provision that local and state governments if they 1116 01:16:29.000 --> 01:16:33.000 acquired a contaminated property that had to do it voluntarily and 1117 01:16:33.000 --> 01:16:36.000 the build act took that out and expanded the liability exemption 1118 01:16:36.000 --> 01:16:44.067 for the state and local governments and added a new category 1119 01:16:44.067 --> 01:16:46.067 of exempt acquisitions and that category through seizure or otherwise 1120 01:16:46.067 --> 01:16:49.067 connection of law enforcement activity. 1121 01:16:49.067 --> 01:16:54.067 The states could or local governments 1122 01:16:54.067 --> 01:16:59.067 could seize pursuant to law enforcement activity contaminated 1123 01:16:59.067 --> 01:17:03.067 property but not be held liable as an owner operator. 1124 01:17:03.067 --> 01:17:08.067 And the build act also expanded the liability protection 1125 01:17:08.067 --> 01:17:13.067 for long-term tenants or lease of tenants 1126 01:17:13.067 --> 01:17:19.067 and created a new liability protection 1127 01:17:19.067 --> 01:17:23.067 for native villages and native corporations and it also increased 1128 01:17:23.067 --> 01:17:31.000 the grant eligibility requirements. 1129 01:17:31.000 --> 01:17:36.000 Very significant and I'm trying to hurry through this. 1130 01:17:36.000 --> 01:17:41.067 BFPP protections and those protections were enhanced by the build act 2018. 1131 01:17:41.067 --> 01:17:47.067 Bill and I, once you use the tool 1132 01:17:47.067 --> 01:17:52.067 it opens the door for a bunch of other liability 1133 01:17:52.067 --> 01:17:57.067 protection tools and Bill and I will discuss those at this point. 1134 01:17:57.067 --> 01:18:02.067 Bill, do you want to take over? 1135 01:18:02.067 --> 01:18:05.067 >> Sure. 1136 01:18:05.067 --> 01:18:09.067 We are getting close on time here so in the interest of time 1137 01:18:09.067 --> 01:18:11.067 we will go through these. 1138 01:18:11.067 --> 01:18:16.067 What we have been talking about today is the PPI tool. 1139 01:18:16.067 --> 01:18:20.067 While very helpful, a couple things we did not point out is there is 1140 01:18:20.067 --> 01:18:23.067 no cost to the developer, they can call in and it's just 1141 01:18:23.067 --> 01:18:27.000 an information sharing and we view it as our job 1142 01:18:27.000 --> 01:18:31.000 to share information with people who may be interested in purchasing 1143 01:18:31.000 --> 01:18:34.000 contaminated piece of property. 1144 01:18:34.000 --> 01:18:38.000 A couple of times I had people who thought 1145 01:18:38.000 --> 01:18:43.067 it was required and I want to make sure there's no misunderstanding. 1146 01:18:43.067 --> 01:18:47.067 The provisions were meant to 1147 01:18:47.067 --> 01:18:51.067 be self implementing so we did not have to get involved. If it's straightforward 1148 01:18:51.067 --> 01:18:56.067 and people feel like they understand, there's no reason to do it but it's 1149 01:18:56.067 --> 01:19:01.067 always good to talk to us initially to make sure there's not something 1150 01:19:01.067 --> 01:19:06.067 that we don't understand and the primary tool 1151 01:19:06.067 --> 01:19:12.067 that I think at least in the beginning is the top 10 questions to ask 1152 01:19:12.067 --> 01:19:15.067 and you can do a web search for that title and it will show up and 1153 01:19:15.067 --> 01:19:21.067 that is a great document and it is one that Kat and I started 1154 01:19:21.067 --> 01:19:26.000 way back when and on the program side 1155 01:19:26.000 --> 01:19:30.000 of EPA issued it as a joint national guidance and it's issued by the 1156 01:19:30.000 --> 01:19:35.000 enforcement side and the problematic side of EPA 1157 01:19:35.000 --> 01:19:39.000 and that is significant but it contains legal and problematic information 1158 01:19:39.000 --> 01:19:45.067 and that was meant to be an initial 1159 01:19:45.067 --> 01:19:48.067 primer to what you might want to think of if you're 1160 01:19:48.067 --> 01:19:53.067 thinking about buying a Superfund site or site that may become a Superfund 1161 01:19:53.067 --> 01:19:57.067 site. Frank has a great website he has developed nationally 1162 01:19:57.067 --> 01:20:01.067 the Superfund redevelopment site and it has links to all these things 1163 01:20:01.067 --> 01:20:06.067 but there are fact sheets on there that show success stories and they 1164 01:20:06.067 --> 01:20:11.067 look at also case studies and other things 1165 01:20:11.067 --> 01:20:15.067 and depending on what your redevelopment is because we have been doing this 1166 01:20:15.067 --> 01:20:19.067 for so long there's a likelihood that something similar has been 1167 01:20:19.067 --> 01:20:23.067 done. The issuing of comfort and status letters is 1168 01:20:23.067 --> 01:20:32.000 a tool that different regions Utz -- use in different ways and it 1169 01:20:32.000 --> 01:20:35.000 was a very strong tool for us to used to help memorialize what we 1170 01:20:35.000 --> 01:20:40.000 talk about. Once we finish the call and the developer said they 1171 01:20:40.000 --> 01:20:42.067 wanted to move forward the prospective purchaser said they 1172 01:20:42.067 --> 01:20:47.067 wanted to move forward and we issued a comfort letter. 1173 01:20:47.067 --> 01:20:53.067 It's not a release from liability just writes everything down so we 1174 01:20:53.067 --> 01:20:56.067 can all refer back to it. 1175 01:20:56.067 --> 01:21:00.067 The reuse determinations are great in certain 1176 01:21:00.067 --> 01:21:04.067 situations and it lays out -- I call it the cliff notes of 1177 01:21:04.067 --> 01:21:10.067 the Superfund site that lays out the cleanup 1178 01:21:10.067 --> 01:21:14.067 and the EPA guidance and policies you can 1179 01:21:14.067 --> 01:21:20.067 find from the website and a lot of -- the rest are legal 1180 01:21:20.067 --> 01:21:24.000 tools so I will ask Phil to explain those. 1181 01:21:24.000 --> 01:21:30.000 >> Very quickly, common elements is a guidance document that was 1182 01:21:30.000 --> 01:21:37.000 an interim document from 2003 it's been revised in very significant 1183 01:21:37.000 --> 01:21:41.067 because it talks about the common elements needed by a purchaser for 1184 01:21:41.067 --> 01:21:49.067 not only a Superfund site but also a property owner and innocent landowner 1185 01:21:49.067 --> 01:21:53.067 and it is a good tool, revitalization handbook identifies all the tools 1186 01:21:53.067 --> 01:21:58.067 and if you go to the EPA website and type in revitalization 1187 01:21:58.067 --> 01:22:03.067 handbook, you will come up with this and it will list through 1188 01:22:03.067 --> 01:22:07.067 and give you links to all of the tools and that handbook is 1189 01:22:07.067 --> 01:22:13.067 being reworked and will be updated by December 1190 01:22:13.067 --> 01:22:18.067 and there's a Brownfields conference and that is a significant piece 1191 01:22:18.067 --> 01:22:21.067 of information that holds a lot of other information 1192 01:22:21.067 --> 01:22:26.000 and the same with the Superfund task force. 1193 01:22:26.000 --> 01:22:30.000 You could look up the final Superfund task force and see what some of 1194 01:22:30.000 --> 01:22:36.000 these tools were that speed up the cleanup process and the redevelopment 1195 01:22:36.000 --> 01:22:40.000 process. Two significant things the 1196 01:22:40.000 --> 01:22:45.000 work agreement and the prospective purchaser agreement, these are physical 1197 01:22:45.000 --> 01:22:49.000 documents signed by DOJ, EPA 1198 01:22:49.000 --> 01:22:53.000 and the purchaser and provides liability relief and depending on your status 1199 01:22:53.000 --> 01:22:58.000 the bona fide prospective purchaser or if there may be a reason that 1200 01:22:58.000 --> 01:23:03.000 you don't exactly qualify as a BFPP, we are using the prospective 1201 01:23:03.000 --> 01:23:09.000 purchaser agreement to provide you with that liability protection that 1202 01:23:09.000 --> 01:23:15.000 purchasers need when they are redeveloping property. The use assessments, 1203 01:23:15.000 --> 01:23:21.000 it is like what can be used here, can this 1204 01:23:21.000 --> 01:23:25.934 site be used for planning -- 1205 01:23:25.934 --> 01:23:30.934 planting trees and using the groundwater, no, it cannot because the groundwater 1206 01:23:30.934 --> 01:23:36.934 is contaminated and those things come into play when we do a reuse 1207 01:23:36.934 --> 01:23:39.934 assessment. 1208 01:23:39.934 --> 01:23:42.000 So the other stuff again can be found in the revitalization 1209 01:23:42.000 --> 01:23:48.000 handbook and the Superfund task force and 1210 01:23:48.000 --> 01:23:51.000 there is some coordinator information that I think 1211 01:23:51.000 --> 01:23:54.000 Frank will be talking about now. 1212 01:23:54.000 --> 01:23:58.000 This is Superfund task force and 1213 01:23:58.000 --> 01:24:02.000 that is the website talking about a lot of these tools that have been 1214 01:24:02.000 --> 01:24:07.000 upgraded and enhanced over the last several years. I 1215 01:24:07.000 --> 01:24:13.000 will turn this back over to Frank. 1216 01:24:13.000 --> 01:24:19.000 >> I know we are running short 1217 01:24:19.000 --> 01:24:23.000 on time and I will try 1218 01:24:23.000 --> 01:24:31.934 to be really quick and move on to the next slide. 1219 01:24:31.934 --> 01:24:36.934 Here is a list of all of our SRI coordinators. There is at least 1220 01:24:36.934 --> 01:24:40.934 one coordinator in each region and if 1221 01:24:40.934 --> 01:24:49.000 you need more information about an existing reuse project 1222 01:24:49.000 --> 01:24:52.000 or would like to discuss reuse opportunities at a site near you feel free to 1223 01:24:52.000 --> 01:24:58.000 reach out to the regional coordinator. 1224 01:24:58.000 --> 01:25:02.000 Here is my contact information if you have 1225 01:25:02.000 --> 01:25:07.000 any general questions or would like more information, do not hesitate 1226 01:25:07.000 --> 01:25:11.000 to contact me and I think we are going to try 1227 01:25:11.000 --> 01:25:16.000 to take a few questions here. The first question is to fill. 1228 01:25:16.000 --> 01:25:19.000 Do you find that developers are reluctant to move forward without 1229 01:25:19.000 --> 01:25:24.000 a comfort letter dealing with the issues 1230 01:25:24.000 --> 01:25:27.000 of windfall liens? 1231 01:25:27.000 --> 01:25:32.000 >> They do not come up very often 1232 01:25:32.000 --> 01:25:37.000 but comfort levers -- letters are easy to draft 1233 01:25:37.000 --> 01:25:42.067 and so any region, any developer approaching a regional office 1234 01:25:42.067 --> 01:25:47.067 approaching about getting a comfort letter will get one quickly. Windfall 1235 01:25:47.067 --> 01:25:52.067 liens are very rare and 1236 01:25:52.067 --> 01:25:58.067 we are very willing to work to resolve those issues whether it's 1237 01:25:58.067 --> 01:26:03.067 through a letter, agreement or whatever 1238 01:26:03.067 --> 01:26:08.067 generally we don't see that much because, those sort of things are 1239 01:26:08.067 --> 01:26:11.067 pretty rare. 1240 01:26:11.067 --> 01:26:19.067 >> Another question which can be answered by multiple 1241 01:26:19.067 --> 01:26:20.067 members of the group. 1242 01:26:20.067 --> 01:26:25.000 Can a site be redeveloped before the cleanup is completed? 1243 01:26:25.000 --> 01:26:33.000 >> This is Bill and I will be glad to take that one. 1244 01:26:33.000 --> 01:26:39.000 >> The answer is yes. 1245 01:26:39.000 --> 01:26:44.067 In fact in Janet's case, we are still cleaning 1246 01:26:44.067 --> 01:26:45.067 up the groundwater. 1247 01:26:45.067 --> 01:26:49.067 We address the soil to the extent we needed to but the groundwater 1248 01:26:49.067 --> 01:26:54.067 is still being addressed and in most redevelopments, 1249 01:26:54.067 --> 01:27:00.067 the redevelopment occurs before the cleanup is completely done 1250 01:27:00.067 --> 01:27:05.067 and the site is deleted from the MPL. 1251 01:27:05.067 --> 01:27:09.067 >> This 1252 01:27:09.067 --> 01:27:13.067 is Phil. I just want to add that a lot of times the actual redevelopment 1253 01:27:13.067 --> 01:27:18.067 of the site can enhance the cleanup and that was the case 1254 01:27:18.067 --> 01:27:23.067 in solar Tron but a lot of times if there is a, people can put a 1255 01:27:23.067 --> 01:27:28.000 parking garage over that and it enhances the site 1256 01:27:28.000 --> 01:27:30.000 and allows that part of the site to be cleaned up and redeveloped 1257 01:27:30.000 --> 01:27:33.000 quicker. 1258 01:27:33.000 --> 01:27:37.000 >> This is Kat. And that is absolutely right. I think there 1259 01:27:37.000 --> 01:27:41.067 is a pretty pervasive misperception out there that 1260 01:27:41.067 --> 01:27:46.067 we developers have to wait until the site is cleaned up and that 1261 01:27:46.067 --> 01:27:51.067 is actually not true in fact the sweet spot, the most successful 1262 01:27:51.067 --> 01:27:56.067 redevelopment is when we can identify the redevelopment as early as possible 1263 01:27:56.067 --> 01:28:01.067 and we can maximize and get faster cleanup and better 1264 01:28:01.067 --> 01:28:04.067 redevelopment. 1265 01:28:04.067 --> 01:28:08.067 >> We do 1266 01:28:08.067 --> 01:28:14.067 have some other questions but in the interest of time, we will get 1267 01:28:14.067 --> 01:28:18.067 back to everyone and we will follow up in an email 1268 01:28:18.067 --> 01:28:21.067 and I will answer everyone's questions. 1269 01:28:21.067 --> 01:28:25.000 I want to do close first by thanking all the presenters for 1270 01:28:25.000 --> 01:28:27.000 fantastic presentations. 1271 01:28:27.000 --> 01:28:30.000 It was interesting to hear about Solitron microwave and I would like 1272 01:28:30.000 --> 01:28:35.000 to point out that this project was such a success that in December 1273 01:28:35.000 --> 01:28:43.067 that in December 2008. the project that was called the 1274 01:28:43.067 --> 01:28:48.067 excellent and cyber use award, the first one established and 1275 01:28:48.067 --> 01:28:52.067 we have given out probably 30 or 40 awards since then and it has 1276 01:28:52.067 --> 01:28:57.067 been the model. I just wanted to mention that. And I will 1277 01:28:57.067 --> 01:29:00.067 turn it back over to Jean. 1278 01:29:00.067 --> 01:29:08.067 >> Thank you so very much. 1279 01:29:08.067 --> 01:29:10.067 A few quick final reminders before we close out the live broadcast. 1280 01:29:10.067 --> 01:29:14.067 I want to echo the thanks to our organizers as well as all the presenters 1281 01:29:14.067 --> 01:29:18.067 who took time to join us and share their expertise and I want to thank 1282 01:29:18.067 --> 01:29:23.067 the nearly 90 individuals that have stuck with us on a Friday afternoon. 1283 01:29:23.067 --> 01:29:28.000 You all still checked in and engaged and we hope you found 1284 01:29:28.000 --> 01:29:30.000 this a valuable expenditure of your time. 1285 01:29:30.000 --> 01:29:33.000 If you're interested in finding out more about the sessions you 1286 01:29:33.000 --> 01:29:39.000 have an opportunity to add your name to distribution list 1287 01:29:39.000 --> 01:29:45.067 and also sign up 1288 01:29:45.067 --> 01:29:54.067 for information on cleaning up sites and free webinars. 1289 01:29:54.067 --> 01:30:00.067 And for resources we have it listed at the site and 1290 01:30:00.067 --> 01:30:04.067 the question window and you have a link to the 1291 01:30:04.067 --> 01:30:08.067 home page and you can jump to the resources from there as well. Contact 1292 01:30:08.067 --> 01:30:14.067 information can also be found there as well as the regional Superfund 1293 01:30:14.067 --> 01:30:18.067 coordinators. And I will ask each of you to fill out the brief online 1294 01:30:18.067 --> 01:30:23.067 feedback form. 1295 01:30:23.067 --> 01:30:27.000 One of the most frequent questions I get is if we offer credit hours 1296 01:30:27.000 --> 01:30:32.000 are CEU's and we do not issue those but you can get a participation 1297 01:30:32.000 --> 01:30:34.000 certificate and if you save that along with the materials 1298 01:30:34.000 --> 01:30:40.000 any registration email that's usually enough to document 1299 01:30:40.000 --> 01:30:46.067 that for your own accrediting institution. 1300 01:30:46.067 --> 01:30:48.067 When you get to the online feedback form 1301 01:30:48.067 --> 01:30:51.067 check the box to certify you were there for the whole thing and as 1302 01:30:51.067 --> 01:30:55.067 soon as you submit that you will have access to a certificate of 1303 01:30:55.067 --> 01:30:59.067 participation including a link to the materials. 1304 01:30:59.067 --> 01:31:02.067 If you do not check that box we will not issue a certificate and 1305 01:31:02.067 --> 01:31:08.067 if you happen to join a group, each person in the room 1306 01:31:08.067 --> 01:31:11.067 can fill out the form on their own and will get 1307 01:31:11.067 --> 01:31:14.067 their own certificate even if you did not register individually. 1308 01:31:14.067 --> 01:31:17.067 Those who did register, share the link with the colleagues that joined 1309 01:31:17.067 --> 01:31:20.067 you to view together as a group. 1310 01:31:20.067 --> 01:31:23.067 With that we did record the session and I apologize 1311 01:31:23.067 --> 01:31:28.000 for running over but hopefully you found it helpful expenditure and 1312 01:31:28.000 --> 01:31:33.000 we will email you instructions as soon as the recording 1313 01:31:33.000 --> 01:31:37.000 is available. Keep your eyes peeled for the link in 1314 01:31:37.000 --> 01:31:40.000 your email. 1315 01:31:40.000 --> 01:31:43.067 And for that we will formally conclude the live 1316 01:31:43.067 --> 01:31:48.067 broadcast and thank you so much for joining.