Pennsylvania’s Act 2 and Brownfields Program Walter Payne Steve Sinding Ambler Citizen Advisory Group Meeting Feb. 4, 2015

To make contaminated sites safe To return these sites to productive use, create jobs and stimulate economic growth To preserve farmland and open space Act 2 Program Goals

Uniform cleanup standards Standardized reviews with time limits Relief Of Liability (ROL) Financial assistance Four Cornerstones

A remediation may involve one or a combination of standards – Background Standard – Statewide Health Standard – Site Specific Standard Three Remediation Options

Liability protection applies to: Current owner Future owners Any person who participated in the cleanup Developer Occupiers Successors or assigns Public utilities performing work on the property Liability Protection

"real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant“ Brownfield Definition

Why are brownfields challenging? Cleanup costs can be uncertain Long term liability is a concern Perception of property can be a hurdle The Challenge

Former gas stations Dry cleaners Car repair facilities Nurseries and Garden Centers Former military bases Manufacturing plants Power plants Stadiums (CBP and PPL Park) Types of Brownfields

To date, over 5,048 project have demonstrated attainment of an Act 2 standard(s) Over 1,213 site recycling projects underway Over $600 M dedicated to redevelopment projects since 1995 Program Results

Environmental Covenants memorialize and assure the longevity of “Activity and Use” limitations at contaminated sites. They are recorded against the property deed. Activity and Use limitations are either engineering or institutional controls that could be used to demonstrate attainment of Act 2 cleanup standards. Engineering controls (Ex. caps, liners) Institutional controls (Ex. No GW use, Fencing) Environmental Covenants

DEP Contact Pat Patterson Local Government Liaison