Sensitive Populations and Brownfield Redevelopment Brian Clark, Buchanan, Ingersoll & Rooney, PC Bruce Moore, Michigan DEQ Gerry Kirkpatrick, Environmental Standards Inc. Colleen Kokas, New Jersey DEP

What are Sensitive Populations? n Schools n Daycare Centers n Senior Living Center n Recreational Facilities Buchanan Ingersoll & Rooney, PC

Why This is Important n Center for Health, Environment & Justice Report, Building Safe Schools (2005) –5 States have policies prohibiting schools on contaminated sites –9 State prohibit siting schools close to sources of pollution (ie. heavy industry) –21 state “suggest” avoid siting schools on/ near contamination –5 states require cleanup before siting school on contaminated site n High Density Population –4200 Licensed day care centers in NJ –Over 4800 in Michigan Buchanan Ingersoll & Rooney, PC

What is Government Doing? n President Bush signs Energy Independence and Security Act of 2007 –requesting federal guidelines for states when considering policies for school sitings n State Actions –Michigan –New Jersey Buchanan Ingersoll & Rooney, PC

BROWNFIELD REDEVELOPMENT & SENSITIVE POPULATIONS MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

PART 201 b Part 201 of the Natural Resources and Environmental Protection Act, Act 451, of 1994, as amended. b Created: revised liability scheme, use based cleanup criteria, exposure risk cleanup standards.

PART 201 b Liability Scheme Changed to Causation Based b Created Baseline Environmental Assessments to Establish Liability Defense b Established Due Care Obligations b Established Land Use Based Cleanup Standards

Use Based Cleanup Standards b Categories of Land Use Based Cleanup Standards;Residential CommercialRecreationalIndustrial Other as Established by MDEQ

Use Based Cleanup Standards b Commercial Subcategory I Criteria Same as Residential Includes; Schools Day Care Day Care Elderly, Infirm and Other Sensitive Populations

Risk Based Cleanup Standards b Looks at Chemical Compounds, Risk Factors and Exposure Pathways to Determine Acceptable Risk for Proposed Land Use.

Example Projects b Things Gone Wrong: Cooper School Beard School McCoy Creek b Things Gone Right Dearborn High School Mason Run Residential Redevelopment

Cooper School b Former Municipal Landfill b 37 acre site in city of Westland b Combined School System with Livonia b School Built on Landfill Prior to Sensitivity to Environmental Risk Was Commonly Known b School Opened in 1962 Closed in 1992 b Public Awareness Forced School Closing

Cooper School Demo More than a decade ago, parents in gas masks picketed in front of the old Cooper School.

Beard School b Operated as an Industrial Site up to 1964 b Detroit Public School Purchased Property b Used for Skills Training Classes 1965 to 1981 b Buildings Demolished 1981 b Property Sat Idle Until 2000 b Beard School Opened in September of 2001

Beard School b Phase I & II Investigation Conducted 1999 b Carbon Tetrachloride, Polynuclear Aromatics PCBs, Arsenic and Lead were found b Decision Made to Build School In Spite of Site Conditions b Residential Cleanup Standards Required for Reuse

Beard School

McCoy Creek b 90 Acre Parcel b Responsible Party Conducted Remediation b Property Divided and Lots Sold With Limits on New Use b New Owner Sold Lot Again b 2 nd Owner Leased Out Space As Day Care b Arsenic Above Residential Criteria

McCoy Creek

Sharon Steel b Sharon Steel Processed Steel Coils From 1932 to 1989 b Business Filed Bankruptcy b Private Developer Purchased Property b Proposed New Development - Residential b School Board Purchased Property from Developer b McCollough High School Built

McCollough High School

Mason Run b Former Paper Manufacturing Plant b 48 acres Cinder Ash Covered Most of the Site b City Obtained Property Demolished Buildings b Property Sat Idle b Redevelopment New Urbanism Residential Community with 184 Residential Units

Monroe Mason Run

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY b

Sensitive Populations and Brownfields Redevelopment Involved Parties: Client -- Developer of Box Retail Store Local School District – Property Owner Potentially Responsible Party (s) – “Polluter” Department of Transportation – Oversight Stakeholder PA DEP – Regulatory Agency 3 rd Party Law Suit Plaintiffs – Neighbors Sensitive Populations and Brownfields Redevelopment

Involved Parties (Contd.): Environmental Insurance Company Local Electric Company – Overhead Power lines Local Gas Company – Underground Gas Lines Local Planning Commission – Site Development Approver Township – King of all that The local press – even more important than Township Sensitive Populations and Brownfields Redevelopment

Issue 1: How do you have everyone “on the same page?” Sensitive Populations and Brownfields Redevelopment

Issue 2: How do you minimize public focus on the project? Sensitive Populations and Brownfields Redevelopment

30 Roadway View

31 Live Loading Of Waste

32 Blue Tyvek ®

33 Underlayment

34 Road Sub Base

35 Road Sub Base

Sensitive Populations Case Studies in NJ Colleen Kokas Office of Brownfield Reuse

Case Studies in NJ n Martin Luther King School, Trenton n Kiddie Kollege Daycare Facility, Franklinville

Martin Luther King School

n Construction of new school in 2003 n Replaced unsuitable soils with screened Recycled Concrete Aggregate (RCA) n RCA found to be contaminated n Soils excavation, school demolished n Historic fill removed

Regulatory Response n Guidance created for disposition of Recycled Concrete Aggregate n Reforms to the School Construction Corporation (SDA)

Legislation Response n Legislation drafted to u prohibit construction of schools on contaminated sites u require parental notification when contamination found at schools u allow DEP to select remedy in certain circumstances

Lessons Learned n Sampling of demolition materials prior to disposition from the source site (if used at another site) n Risk Communication

Kiddie Kollege Site

Kiddie Kollege n Former thermometer manufacturing site n Ceased operation in 1994 n Not posed as “imminent threat” n Property acquired by tax lien holder n Leased to KK in 2004 n Daycare closed in 2006

Regulatory Response n Day care facilities mapped by DEP n Day Care Unit created at DEP n Public Notification regs drafted in August 2007 n Sensitive Populations Evaluation n Building Code Officers Guidance Doc. u

Legislative Response n Public Notification law regarding cleanups signed August 2006 n January 2007 bill passed regarding local permits for educational and day care facilities u need sign off by Health Dept for indoor air u need sign off by DEP for water and soil

Lessons Learned n Local Land Use decisions n Communication n Understanding environmental jargon