PLANNING, PRODUCTION & REAL ESTATE ACQUISITION

Acquiring Contaminated Properties In past, ODOT has acquired contaminated properties when the amount to be acquired increased ◦ Laws for government acquisition New process developed to address acquisition of contaminated sites ◦ Located in Environmental Site Assessment Manual, Appendix B and Real Estate Acquisition Manual, Section 5320

Types of Sites Acquisition of entire contaminated site ◦ Gas stations ◦ Dry cleaners Highly regulated site regardless of ROW ◦ Superfund ◦ DERR ◦ VAP ◦ Landfills (know or unknown to regulators)

Procedure DEC notifies District Real Estate Administrator of contaminated properties that would require additional ESA if ROW changes by IOC ◦ After Phase II ESA ◦ During NEPA or after NEPA completed DEC arranges meeting to discuss course of action for site

Meeting personnel District Environmental Coordinator District Real Estate Administrator ESA Supervisor, Environmental Services Appraisal Unit, Central Office Real Estate Chief Legal Attorney General’s Office Other appropriate ODOT personnel

Meeting Issues Type & Extent of contamination BUSTR/OEPA information ESA reports and results Would contamination be found without ODOT project? Would property require remediation without ODOT project? How would private sector remediate site

Meeting Issues, cont. What is the cost to the site? Would bank loan money to someone to purchase the site? What property right should be purchase? How should the property be appraised?

Decisions Site Specific course of action ◦ How to resolve legal issues ◦ How to acquire the site ◦ How the site will be appraised  Remedial Options Report

Remedial Options Report Is based on what private sector would do with the site Letter report ◦ Provides short history ◦ Lists previous ESA investigations, both ODOT and non-ODOT ◦ Justification for items considered for estimate ◦ Estimated remedial cost for private sector remediation

Mitigating Ownership Issues Under CERCLA Easement ◦ Underlying fee owner stays the same ◦ Obtains control of site Appropriations ◦ Filing of court case ◦ Forcing sale of site through ODOT’s powers of eminent domain

EXAMPLES

1950 SANBORN

2010 SITE DRAWING

QUESTIONS?