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Brownfields Reuse
California recognizes that cleaning up brownfield properties frees previously unavailable land for productive reuse, while taking development pressures off undeveloped open land, thereby improving and protecting the environment. Brownfields are properties that are contaminated, or thought to be contaminated, and are underutilized due to perceived remediation costs and liability concerns. Timely investigations and cleanups of brownfield sites promotes economic development and reinvestment in California through post-cleanup development and sustainable reuse. All sites are subject to the same standards; these standards were developed to protect human health and the environment as set forth in state and federal laws, regulations, and policies. Additionally, because DTSC recognizes stakeholder and public information needs, DTSC remains committed to promote and maintain public participation in project decisions for all sites, including voluntary projects. To read the script click here For more information about brownfields, please contact one of the geographically dispersed brownfields experts: Click on one of the links below to go directly to a specific topic: All Appropriate Inquiries (AAI) All Appropriate Inquiries Workshop Material - January 2007 Brownfields Fact Sheets and General Information Fact Sheet: Brownfields Initiatives - January 2007
Cleanup Guidance Advisory: Active Soil Gas Investigations Guidance Manuals: Ground Water Investigations Preliminary Endangerment Assessment Guidance Manual - January 1994
Abandoned Mine Lands Preliminary Assessment Handbook - February 1999 California Uniform Site Assessment Tools - June 2007 Fact Sheet: Guide to Selecting a Consultant - June 2001 Management Memo: Determining Whether to Pursue Cost Recovery or Enforcement Actions Against Property Owners Whose Land Overlies Contaminated Ground Water Solely on the Basis of Land Ownership - December 1990 Soil Vapor Extraction (SVE) Emission Treatment Technologies and Alternatives. Sponsored by DTSC, the Department of Civil & Environmental Engineering at the University of California, Davis, developed a Web site that addresses soil vapor extraction (SVE), a process used to draw chemicals in vapor form out of contaminated soil. The site contains information about conventional SVE emission control technologies, and a checklist of questions for communities to consider when faced with the possible need for this technology to be used. Click here to go to the UC Davis Soil Vapor Extraction Web site. Guidance Document: Abandoned Mine Lands Site Discovery Process Deed-Restricted Sites A land use restricted site is a property where DTSC has placed limits or requirements on future use of the property due to varying levels of cleanup possible, practical, or necessary at the site. Waste Management Program Facility Sites with Deed / Land Use Restriction Redevelopment Agency Oversight Agreement The Polanco Legislation for Redevelopment Agencies grants local redevelopment agencies qualified immunity from State or local laws if cleanup is conducted in accordance with a remedial action plan approved by DTSC, a Regional Water Quality Control Board or local agency. The liability immunity extends to property successors and lenders. Fact Sheet: Redevelopment Agency Environmental Oversight Agreement - April 2004 Prototype Environmental Oversight Agreement - March 2004 Voluntary Cleanup Program Established in 1993, the Voluntary Cleanup Program allows DTSC to provide oversight to motivated parties to address Brownfields sites. The Request for Lead Agency Oversight of a Brownfields Site Application, formerly known as the VCP Application, is currently available online. If you are having problems accessing or using this application, please contact Maryam Tasnif-Abbasi, at mtasnif@dtsc.ca.gov. Fact Sheet: Voluntary Cleanup Program - August 2008 Application: Request for Agency Oversight Application - July 2011 Policy and Procedure: Managing Voluntary Site Mitigation Projects (EO 95-006, September 1995) Expedited Remedial Action Program The Expedited Remedial Action Program is a pilot voluntary cleanup program which provides numerous incentives to responsible parties to accelerate environmental cleanup work. Report on California Expedited Remedial Action Reform Act of 1994 - December 2006 Fact Sheet: Expedited Remedial Action Program (SB 923) - October 1997 Prospective Purchaser Agreements and Liability Relief
Fact Sheet: Prospective Purchaser Policy - May 2001 Application: Prospective Purchaser Application - May 2001 Policy and Procedure: Prospective Purchaser Policy (EO 96-005, July 1996) Senate Bill 1285 (Killea, Kelley) provides limited liability exemption for lenders and fiduciaries for releases of hazardous materials on property in which they have a legal interest, but did not directly cause or contribute to the release or potential release of hazardous substances. Management Memo: RP Ownership at Property Over Contaminated Ground Water (MM 90-11, December 1990)California Land Reuse and Revitalization Act of 2004 (AB 389, SB 989 and SB 143) The California Land Reuse and Revitalization Act of 2004 (Health and Safety Code Chapter 6.82 and 6.83), effective January 1, 2005, provides liability protections to bona fide purchasers, innocent landowners and contiguous property owners which are intended to promote the cleanup and redevelopment of blighted contaminated properties. The bill establishes a process for eligible property owners to obtain the immunities, conduct a site assessment and implement a response action, if necessary, to ensure that the property is ready for reuse. The sunset date for the original CLRRA bill, Assembly Bill 389, was set to expire in 2010. Senate Bill 143 extends the repeal date to January 1, 2017. This bill also authorizes a prospective purchaser who is in contract to acquire a site and who qualifies as a bona fide purchaser to enter into a CLRRA Agreement. The qualified bona fide prospective purchaser who enters into an agreement will receive immunity upon site acquisition. Another senate bill, Senate Bill 989, outlines provisions for a bona fide ground tenant. For more information on bona fide prospective purchaser or bona fide ground tenant agreements, please contact your local Brownfields coordinator. One of the eligibility requirements for this program is that All Appropriate Inquiries (AAI) be conducted in compliance with the Final Rule at 40 CFR Part 312 and ASTM E1527-05. For more information on the DTSC process for evaluation of AAI, refer to the EPA All Appropriate Inquiries Rule: Reporting Requirements Checklist for Assessment Grant Recipients. The California Environmental Protection Agency’s (Cal EPA) web site contains links for General Information. DTSC Boilerplate documents have been developed in order to make the agreement and implementation process more predictable and expeditious. DTSC recognizes that property owner and site specific issues may necessitate minor modifications to the boilerplate documents listed below: Site Designation The purpose of the Site Designation process is to allow a responsible party to request that a single administering agency be designated to oversee site investigation and remedial action needed at a contaminated site. This process is outlined in Health and Safety Code sections 25260 et seq. The Site Designation Committee (Committee) designates a single state or local agency as administering agency. The Committee consists of six members representing the Office of the Secretary of Cal/EPA, Air Resources Board, Department of Toxic Substances Control, Office of Environmental Health Hazard Assessment, Water Resources Control Board, and Department of Fish and Game. For more site designation information, visit the Cal/EPA Web site at http://calepa.ca.gov/Programs/SiteDesig/default.htm Private Site Management Program The Private Site Management Program was established by Assembly Bill 1876 (Statutes 1995, Chapter 820) and was later amended by Senate Bill 1011 (Statutes 2002, Chapter 626). In order to implement this new program, DTSC adopted regulations that can be found in title 22, California Code of Regulations, chapter 51, Sections 69000 through 69013. These regulations establish minimum performance standards for both private site managers and private site management team members, who are authorized to conduct site investigations and cleanup actions under the provisions of DTSC's Private Site Management Program. The statute citation for this program can be found in Health and Safety Code section 25395.1, et seq. Other Resources Click here to find other DTSC Publications and Forms. Click here to go to other Laws, Regulations and Site Cleanup policies. NOTE: Check the Laws, Regulations and Policies page on this site for final regulations related to Brownfields Reuse. |