The Voluntary Investigation and Cleanup Program Investing in the environment and your economic future Gerald Stahnke, VIC Program Project Manager Minnesota Pollution Control Agency

Program Accomplishments First VIC Program in the country First VIC Program in the country 200 new VIC sites per year 200 new VIC sites per year More than 11,000 acres have been returned to beneficial use. More than 11,000 acres have been returned to beneficial use. Recipient of award for “Innovations in State and Local Government” from Ford Foundation at Harvard’s John F. Kennedy School of Government Recipient of award for “Innovations in State and Local Government” from Ford Foundation at Harvard’s John F. Kennedy School of Government In conjunction with Minnesota Attorney General, received Renew America’s 8 th Annual National Award for Environmental Sustainability In conjunction with Minnesota Attorney General, received Renew America’s 8 th Annual National Award for Environmental Sustainability

What does the VIC Program do? Facilitates property transfer. Facilitates property transfer. Provides oversight of investigation and cleanup of hazardous substances, pollutants, and contaminants. Provides oversight of investigation and cleanup of hazardous substances, pollutants, and contaminants. Offers liability assurances. Offers liability assurances. Minn. Stat. 115B Minn. Stat. 115B This is a fee-for-service program This is a fee-for-service program

Who’s Eligible? Property owners Property owners Prospective purchasers Prospective purchasers Lenders Lenders Developers Developers Local Government Local Government

Types of Sites Industrial Industrial Commercial Commercial Residential Residential Mixed Use Mixed Use Green Space Green Space

Types of liability assurance Certificates of Completion Certificates of Completion Off-site Source Determination Off-site Source Determination No Association Determination letters No Association Determination letters No Action Determination No Action Determination Technical Assistance letters Technical Assistance letters

Institutional Controls Property notification/affidavit. Property notification/affidavit. Restrictive Covenant. Restrictive Covenant. Easement Easement

How long does it take to go through program? The length of time to get liability assurance is based on the: The length of time to get liability assurance is based on the: type of assurance needed type of assurance needed complexity of the site complexity of the site quality and completeness of technical information about possible or real contamination at the site. quality and completeness of technical information about possible or real contamination at the site.

Tips to move through VIC Program more efficiently Ask a lot of questions of your consultant and government agencies involved so you know what is required to develop a site. Ask a lot of questions of your consultant and government agencies involved so you know what is required to develop a site. Reduce your anxiety about cleanup and maximize liability assurances Reduce your anxiety about cleanup and maximize liability assurances Maintain good communication with VIC Program staff, your consultant and other appropriate partners. Maintain good communication with VIC Program staff, your consultant and other appropriate partners. Determine the level of attorney involvement needed. Legal advice should address liability risk Determine the level of attorney involvement needed. Legal advice should address liability risk

Tips to move through VIC Program more efficiently (cont.) Make sure investigations are complete so you know what the issues are at the site. Make sure investigations are complete so you know what the issues are at the site. Utilize other state agencies like the Department of Employment and Economic Development (DEED) to centralize planning and obtain state investigation and cleanup funding. Utilize other state agencies like the Department of Employment and Economic Development (DEED) to centralize planning and obtain state investigation and cleanup funding.

Case Studies

Doc’s Auto Salvage Before After

Doc’s Auto Salvage VIC Success Story Doc’s Auto was a former drum-reconditioning facility, service station, and scrap yard. Cited often for unlawful hazardous waste disposal. Doc’s Auto was a former drum-reconditioning facility, service station, and scrap yard. Cited often for unlawful hazardous waste disposal. MPCA, Hennepin County (with assistance from Bay West), and EPA, partner to investigate and clean up site in late 1990s. Cleanup included disposal of lead-contaminated soil, drums and solid waste. MPCA, Hennepin County (with assistance from Bay West), and EPA, partner to investigate and clean up site in late 1990s. Cleanup included disposal of lead-contaminated soil, drums and solid waste. Metropolitan Council builds $3 million transportation control center that opened in 2002 employing 30. Metropolitan Council builds $3 million transportation control center that opened in 2002 employing 30.

Han’s Foreign Auto Parts Before After

Han’s Foreign Auto Parts VIC Success Story Former auto salvage yard located in Osseo. Site also used as auto glass, cleaning, and repair business, feed mill elevator, and a few unoccupied homes. Former auto salvage yard located in Osseo. Site also used as auto glass, cleaning, and repair business, feed mill elevator, and a few unoccupied homes. City of Osseo received $1.6 million grant to investigate and clean up site in late 1990s. Soil contaminated with petroleum and heavy metals was removed for disposal. City of Osseo received $1.6 million grant to investigate and clean up site in late 1990s. Soil contaminated with petroleum and heavy metals was removed for disposal. Osseo tax base increased by $126,000 and 135 jobs created. Osseo tax base increased by $126,000 and 135 jobs created.

Former Lewis Bolt & Nut Metal Workings Site & Former Metal Coatings Site

Former Lewis Bolt & Nut Metal Workings & Coatings Site VIC Success Story Former metal works and coating facility. Buildings contained asbestos. Solid waste included concrete from foundations, vault with drums full of contaminated soil, and petroleum contamination from underground tanks. Former metal works and coating facility. Buildings contained asbestos. Solid waste included concrete from foundations, vault with drums full of contaminated soil, and petroleum contamination from underground tanks. Real Estate Recycling purchased property, investigated site, and conducted cleanup with MPCA approval. Abandoned and tax-forfeited site was redeveloped into state-of-the-art office/warehouse facility. Real Estate Recycling purchased property, investigated site, and conducted cleanup with MPCA approval. Abandoned and tax-forfeited site was redeveloped into state-of-the-art office/warehouse facility. Minneapolis tax base increased by $5 million and 140 jobs created. Minneapolis tax base increased by $5 million and 140 jobs created.

GNB Berry Street – Emerald Gardens Before After

GNB Berry Street – Emerald Gardens VIC Success Story Former lumber warehouse, lead storage battery manufacturing facility, auto repair and wrecking facility. Former lumber warehouse, lead storage battery manufacturing facility, auto repair and wrecking facility. Wellington Management, Inc. entered VIC and obtained no action determination from MPCA for excavation, stabilization, and disposal of about 5,600 tons of contaminated soil. Emerald Garden 108 unit condo complex built in Wellington Management, Inc. entered VIC and obtained no action determination from MPCA for excavation, stabilization, and disposal of about 5,600 tons of contaminated soil. Emerald Garden 108 unit condo complex built in $28.4 million project with $2.5 million city-backed tax-increment financing, remaining 91 percent financed privately. Condos now on the St. Paul tax roll with average condo price between $174,000 and $350,000. $28.4 million project with $2.5 million city-backed tax-increment financing, remaining 91 percent financed privately. Condos now on the St. Paul tax roll with average condo price between $174,000 and $350,000.

What Programs are available? Voluntary Investigation and Cleanup Program Voluntary Investigation and Cleanup Program Voluntary Petroleum Investigation and Cleanup Program Voluntary Petroleum Investigation and Cleanup Program Minnesota Department of Agriculture Voluntary Investigation and Cleanup Program Minnesota Department of Agriculture Voluntary Investigation and Cleanup Program

Programs Voluntary Petroleum Investigation and Cleanup Program Voluntary Petroleum Investigation and Cleanup Program Mark Koplitz, MPCA, (651) Mark Koplitz, MPCA, (651) Technical Assistance and Liability Assurances: Technical Assistance and Liability Assurances: Leak Site Tank Removal Verification Leak Site Tank Removal Verification Leak Site File Closure Confirmation Letter Leak Site File Closure Confirmation Letter General Liability Letter General Liability Letter Review of Development Response Action Plans Review of Development Response Action Plans

Programs Minnesota Department of Agriculture Voluntary Investigation and Cleanup Program Minnesota Department of Agriculture Voluntary Investigation and Cleanup Program Terry McDill, Dept. of Agriculture, (651) Terry McDill, Dept. of Agriculture, (651) Technical assistance and Liability Assurances: Technical assistance and Liability Assurances: Agricultural chemicals, specifically pesticides and fertilizers Agricultural chemicals, specifically pesticides and fertilizers

Other helpful web links MPCA “In Your Backyard” Web Page MPCA “In Your Backyard” Web Page MPCA “Brownfields” Web Page MPCA “Brownfields” Web Page EPA “Brownfields” Web Page EPA “Brownfields” Web Page